Terms and Conditions

Last updated: November 17, 2016

Introduction

This Terms and Conditions of Use Agreement ("Terms of Use") should be read carefully before accessing Bloom at https://www.bloom.li ("Website"). This agreement is made by Bloom and you, the user, ("you", "your", or "user"). By visiting the Website, accessing and interacting with the Website data or connecting to any part of the Website, you explicitly agree that you have read, understand and agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use any part of the Website.

1. General

Bloom and its subsidiaries and affiliates ("Bloom", "we", "us" or "our") provide you with access to the Website, and/or other websites as specifically indicated herein, and provide you with its services offered on said websites ("Services"). Access to and use of the Services is governed by these Terms of Use.

2. Services

The Services offered on the Website allow users to post, read, and interact with news content through its affiliates, including news publishing companies and writers. The Services may also be located on third-party websites and/or applications as a "Plugin", which contains a link to the Website or a publisher's website. The Services serve a sole purpose to deliver the data for reading purposes and is not an offer or promise to sell the data as a product.

3. Publisher Content

This section applies to the behavior and content ("Publisher Content") of a registered publisher account ("Publisher") on Bloom.

Publishers are solely responsible for any text, images, videos, or other content or materials that they post on the Website. Publishers agree not to post any Publisher Content that infringes, misappropriates or violates the rights of any third-party, including, without limitation, the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third-party, or that is in violation of any federal, state or local law, rule or regulation, including Fair Housing Laws. Publishers also agree not to post any Publisher Content (i) that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, (ii) that is purposely false or misleading, (iii) that advocates illegal activity, discusses an intent to commit an illegal act or violates any law, (iv) solicits funds, advertisers or sponsors for any purpose, (v) that includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device, (vi) disobeys any policies or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Website or any networks connected to the Website, or (vii) that contains links to other websites that contain content that falls within the scope of this section.

You understand that Bloom does not approve or control the Publisher Content posted by others, and instead simply provides a service that allows users to access information that has been made available by others. Bloom is not liable for any statements, representations, or Publisher Content provided by its users on the Website or in connection with the Services. Bloom assumes no responsibility for monitoring the Website or the Services for appropriate Publisher Content or conduct and has no obligation to screen, edit, or remove any of the Publisher Content. However, Bloom reserves the right, in its sole discretion and without notice, to monitor, screen, or remove any Publisher Content at any time and for any reason. Bloom nonetheless assumes no responsibility for such Publisher Content or for the conduct of the Publisher submitting any such Publisher Content.

You understand that Bloom does not endorse or warrant any Publisher Content or guarantee the accuracy, integrity or quality of such content. Additionally, Bloom cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that by using the Services, you may be exposed to Publisher Content that is offensive, indecent or objectionable. Under no circumstances will Bloom be liable in any way for any Publisher Content, including, but not limited to, any errors or omissions in any Publisher Content, or any loss or damage of any kind incurred as a result of the use of any Publisher Content posted, emailed, transmitted or otherwise made available via the Website or Services.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. These Terms of Use do not create any private right of action on the part of any third-party, nor do they create any reasonable expectation that the Website will not contain any prohibited content.

Publishers agree that by posting content on the Website, they are granting Bloom a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable, non-exclusive license to display, distribute, translate, and otherwise use this content in any manner on or in connection with the Website or in the course of offering the Services. Publishers understand and agree that any Publisher Content that they post to Bloom may be redistributed through the Internet and other media channels, and may be viewed by the general public. Publishers agree that Bloom will not be bound to treat any Publisher Content as confidential and may use any Publisher Content in its business (including, without limitation, for products and advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liabilities as a result of any similarities that may appear in future Bloom operations or business.

4. Modification of Bloom Services

Bloom reserves the right to modify or discontinue the Service or a portion or attribute thereof. Bloom also reserves the right to modify or discontinue the offering of any information, content, or service with or without notice. Bloom shall not be liable to you or any third-party should it exercise its right to modify or discontinue the Service or part of it.

5. Copyright and License

All copyrighted and copyrightable materials on the Website, including, without limitation, the interface design, text, and graphics, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of Bloom, its licensors or its users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Website, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does not include the right for you to: Publish, publicly perform or display, or distribute any Materials to any third-party, including reproduction on any computer network or broadcast or publications media; Market, sell or make commercial use of the Website, the Services or any Materials; Systematically collect and use any data or content, including using any data spiders, robots, or similar data gathering, mining or extraction methods; Make derivative uses of the Website, the Services or the Materials; or Use, frame or utilize framing techniques to enclose any portion of the Website.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Bloom or any third-party. Any unauthorized use of this Website will terminate the license granted by these Terms of Use and may violate applicable law, including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Bloom does not assert copyright ownership rights to the underlying images or descriptions of businesses that may be displayed on the Website. Bloom derives such copyrighted images and/or descriptions from third-party websites or information provided by such website owners, which Bloom reproduces solely as necessary to generate search results as a navigational tool to direct users to the originating website. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

Bloom does assert copyright ownership of and reserves all right to the search results and associated compilations created by Bloom.

6. Trademarks and Service Marks

The name "Bloom" and its associated logos are trademarks, service marks and/or registered trademarks of Bloom or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without Bloom's prior written permission or that of its suppliers or licensors. You may not use any meta-tags or any other "hidden text" utilizing "Bloom" or any other name, trademark, or product name belonging to or associated with Bloom without its permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bloom, and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks and product names mentioned herein, and Bloom's names or logos, are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Bloom's endorsement, sponsorship or recommendation thereof.

7. Disclaimer of Responsibility for Third Party Content

Bloom may provide third-party content on the Website and may provide links to websites and content of third-parties (collectively the "Third Party Content") as a service to those interested in this information. Bloom does not monitor or have any control over any Third Party Content or third-party websites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers and users, belong to their respective author(s) or distributor(s). In many instances, the content available through the Website represents the opinions and judgments of third-party information providers or users. Bloom does not endorse, adopt or assume liability for any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the Website by any third-party. Any website not affiliated with Bloom, no longer governs the Terms of Use.

8. Indemnification

You agree to defend, indemnify, and hold harmless Bloom, its officers, directors, managers, members, agents, affiliates, employees, affiliated entities, successors and assigns from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Publisher Content on the Website, or arising out of or related to your use of the Website and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Bloom arising out of or relating to the Publisher Content, your conduct, your violation of the Terms of Use, or your violation of the rights of any third-party.

9. No Warranties

Your use of the Website is at your own risk. The Website, the Materials and the Services are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of the Website, including all content or data distributed by, or downloaded or accessed from or through the Website, is at your sole risk. Bloom disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the Website. Bloom does not represent or warrant that Materials in the Website are accurate, complete, reliable, current, or error-free. Bloom is not responsible for typographical errors or omissions relating to pricing, text or photography. Bloom does not warrant that the functions or content contained on the Website or the servers that makes it available are free of viruses or other harmful components. Bloom does not warrant or make any representation regarding the use, or the result of use, of any content in terms of accuracy, reliability, or otherwise.

10. Limitation of Liability

In no event shall Bloom, its officers, directors, stockholders, agents, affiliates, employees, advertisers or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including, but not limited to, loss of use, loss of profits or loss of data), whether in an action in contract, tort (including, but not limited to, negligence), equity or otherwise, arising out of or in any way connected with the use of the Website, the Materials or Services.

In no event will the collective liability of Bloom, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors and stockholders, regardless of the form of action (whether in contract, tort, or otherwise), exceed greater than $100.00.

11. Choice of Law, Waiver, and Claims

The Terms of Use shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Bloom's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and that the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. Bloom and you agree to split the cost of such arbitration equally. The arbitration must be conducted in Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Bloom or you may seek any interim or preliminary relief, including injunctive relief, from a court of competent jurisdiction in Virginia, as necessary to protect the rights or property of you or Bloom.

13. How to Contact Bloom

If you have any questions or suggestions regarding our privacy policy, please contact us by email at hello@bloom.li.

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