Last Modified: February 25, 2022.
2. The Platform
You may use the Platform solely as permitted and provided for by Bloom Arts Foundation and in compliance with all applicable laws. Please be aware that all portions of the Platform are offered on an “as is” basis and Bloom Arts Foundation makes no representations or warranties regarding any portion of the Platform. Bloom Arts Foundation reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time.
3. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Bloom Arts Foundation and/or Bloom Arts Foundation’s licensors and that Bloom Arts Foundation and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Bloom Arts Foundation. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Bloom Arts Foundation to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Bloom Arts Foundation. All rights not expressly granted in this Agreement are reserved for us.
5. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold Bloom Arts Foundation responsible for your use of our Platform
6. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform.
7. Idea Submission
Bloom Arts Foundation or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Bloom Arts Foundation. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Bloom Arts Foundation’s products might seem similar to ideas submitted to Bloom Arts Foundation. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Bloom Arts Foundation, without any compensation to the submitter; (2) Bloom Arts Foundation may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Bloom Arts Foundation to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BLOOM ARTS FOUNDATION, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. BLOOM ARTS FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. BLOOM ARTS FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. BLOOM ARTS FOUNDATION DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BLOOM ARTS FOUNDATION SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
9. Limitation of Liability
IN NO EVENT SHALL BLOOM ARTS FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLOOM ARTS FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY BLOOM ARTS FOUNDATION’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Bloom Arts Foundation, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Bloom Arts Foundation Platform
- an authorized user’s acts or omissions while using the Platform;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Bloom Arts Foundation Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
11. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this Agreement shall be conducted pursuant to the applicable rules that can be found at https://www.adr.org/Rules (“Rules”) under the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances tele-phonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for non-payment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Los Angeles County, California.
You may opt-out of this dispute resolution provision by notifying Bloom Arts Foundation within 30 days of the date on which you entered into this Agreement. You must do so by writing to Bloom Arts Foundation, 2116 Colorado Blvd, Los Angeles, California 90041, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Bloom Arts Foundation through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, California.
13. Class Action Waive
You and Bloom Arts Foundation agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Bloom Arts Foundation are deemed to conflict with each other’s operation, Bloom Arts Foundation shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
16. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.
17. Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
19. Electronic Communications
The communications between you and Bloom Arts Foundation use electronic means, whether you visit the Platform or send Bloom Arts Foundation e-mails, or whether Bloom Arts Foundation posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Bloom Arts Foundation in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Bloom Arts Foundation provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
20. Platform Issues
If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at email@example.com.
We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Bloom Arts Foundation, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
22. California Users
Pursuant to California Civil Code Section 1789.3, any questions, complaints, or inquiries about Bloom Arts Foundation must be sent to our agent for notice to: firstname.lastname@example.org or Bloom Arts Foundation at 2116 Colorado Blvd, Los Angeles, California 90041, United States of America.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. Donor Terms
The following sections 24 and 25 apply to any Donors using the Platform.
24. Charitable Donations
Currently, we use Stripe as our third party payment processor and where applicable, Donor must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All amounts are listed in US Dollars. All information that you provide in connection with a donation must be accurate, complete, and current.
Where Bloom Arts Foundation does not charge Donor taxes for any charitable donation, Donor agrees to pay any and all applicable taxes. Donor agrees that Bloom Arts Foundation cannot and will not provide Donor with any tax advice, any such questions should be directed to Donor’s tax attorney or other tax professional.