Bloom MKTG / Bloom Connect Terms and Conditions
Effective: May, 2024
The use of this website https://app.bloom-mktg.com (hereinafter collectively referred to as “Website”) and services on this Website, provided by Bloom MKTG LLC, incorporated in United States (hereinafter referred to as “Company”), are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here.
This Agreement shall govern the use of all pages on this Website and any services provided by or on this Website (“Services”). Company operates under the brand “Bloom Connect” and Bloom Connect is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of Bloom Connect nor does LinkedIn Corporation have any association with Bloom Connect and the company Bloom MKTG LLC.
1. Definitions
The parties referred to in this Agreement shall be defined as follows:
Company, Us, We, Our, Ours: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Bloom Connect, Bloom MKTG, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
You, the User, the Client: You, as the user of the Website and Services, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2. Assent & Acceptance
By using the Website and our Services, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website and do not use our Services. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3. Payment And Renewal Of The Subscription
By selecting a monthly subscription, you agree to pay Company the monthly fees indicated for that service. The payment is collected at the time of subscribing and after the first month on the same date every following month.
Unless you notify Company before the end of the applicable subscription period that you want to cancel, the subscription will renew automatically. Company reserves the right to adjust the rate at renewal time. You authorize us to collect the then-applicable monthly fee using any credit card or other payment mechanism we have on record for you.
Company reserves the right to change the payment terms upon thirty (30) days prior written notice to you.
All amounts payable are quoted excluding taxes. You shall pay any and all taxes imposed by any government on the amounts payable for the Services or reimburse Us in the event We have paid such amounts, for which You are personally responsible.
In case you cancel your subscription, your account shall stay active until the end of billing period.
4. Prorate charge
In case you buy a new seat in the middle of your billing cycle of the already subscribed first seat, you will be charged prorate. This means that you will only be charged based on the time left until your next billing cycle for the already subscribed first seat begins.
5. Discounted First Month
The Company services are billed on a monthly subscription basis. The first month discount is applicable only to the first account added to a subscription plan. After your first month ends you will be charged the full price as displayed on our sales landing page.
6. Refunds
All payments are final. Once subscription is made, there shall be no refunds, exchanges, or returns, unless required by law.
7. Age Restriction
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
8. License To Use Website And Services
The Company may provide You with certain materials as a result of Your use of the Website or Services. Such information may include, but is not limited to, information developed by the Company, any design or product features inherent in the Service, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way we have create, provide, display or make available the Service and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. Company paid license is nonrefundable. The Company Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
9. Intellectual Property
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
10. User Obligations
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
11. Acceptable Use
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company.
You further agree not to use the Website or Services:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of the Company or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
12. Privacy Information
Through Your Use of the Website and Services, You may provide Us with certain information. Collection and use of Your personal data is governed by the Bloom MKTG Privacy Policy.
When collection and use of personal data in conducted on Your behalf, which is in the context of delivering our Services to You, that processing is governed by the Bloom MKTG Data Processing Addendum.
13. Reverse Engineering & Security
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14. Data Loss
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
15. Indemnification
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.
16. Spam Policy
You are prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. The Company reserves the right, acting in its sole discretion, to suspend or terminate the Services if you are in breach of this clause.
17. Third-Party Links & Content
The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website.
18. Modification & Variation
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
In case any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be fully considered enforceable and valid.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website or Services after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
19. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website or Service. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website or Services.
20. Service Interruptions
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website or Services may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
21. Term, Termination & Suspension
The Company may terminate this Agreement with You at any time for any reason, with or without a cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
22. No Warranties
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
23. Limitation On Liability
The Company is not liable for any damage that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
24. General Provisions
LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website and/or Services, You agree that the laws of England shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company and that the courts of England shall have sole jurisdiction in determining any dispute.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in England. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law of England. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: contact@bloom-mktg.com
25. Confirmation and authorisation
By signing up for the Services, or filling out any website forms, you:
– Give us specific, unambiguous consent and authorise us to handle and process your data to you within our Services under our Terms & Conditions;
– Confirm that you are in control of who you give access to your data.
26. Changes to this document
We may modify these Terms & Conditions by posting updated versions on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms & Conditions on the Website or upon notice, as applicable.