Terms and Conditions

Last updated: May 28, 2018

This Terms and Conditions describes how Bloom is associated with the information, content, users, and other data on its Services, and how to contact Bloom about this agreement. It is required to read and agree to this agreement before proceeding to access and use Bloom.

1. Introduction

This Terms and Conditions of Use Agreement ("Terms of Use") describes how Bloom is associated with the information, content, users, and other data on https://www.bloom.li ("Website") and distribution services ("Plugins" or "Newsletters"), referred to altogether as "Services".

This agreement should be read and agreed to before accessing the Services. The agreement is made by Bloom and you, the user, (“you”, “user”). By accessing and using with the Services, you explicitly confirm that you have read, understand and agree to be bound by this agreement. If you do not wish to be bound by this policy, do not access or use the Services. Bloom and its subsidiaries and affiliates ("Bloom") provide you with access to the Services as specifically indicated herein. Access to and use of the Services is governed by this policy.

2. News Content

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

Publishers are solely responsible for any text, images, links, or other materials that they post. Publishers agree not to post any News 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 News Content that:

  • Is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent.
  • Is purposely false or misleading.
  • Advocates illegal activity, discusses an intent to commit an illegal act or violates any law.
  • Solicits funds, advertisers or sponsors for any purpose.
  • 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.
  • 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.
  • Contains links to other websites that contain content that falls within the scope of this section.

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

The user understands that Bloom does not endorse or warrant any News 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. The user acknowledges that by using the Services, they may be exposed to News Content that is offensive, indecent or objectionable. Under no circumstances will Bloom be liable in any way for any News Content, including, but not limited to, any errors or omissions in any News Content, or any loss or damage of any kind incurred as a result of the use of any News Content posted, emailed, transmitted or otherwise made available on the Services.

Enforcement of these Terms of Use is solely in Bloom’s discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of Bloom’s 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 Services will not contain any prohibited content.

Publishers agree that by posting content on the Services, 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 Services. Publishers understand and agree that any News 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 News Content as confidential and may use any News Content in its business 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.

3. Services

The Services allow users to read and interact with News Content through its registered Publishers. The Services may be presented on the Website or 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.

4. Modification of 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, News Content, or service with or without notice. Bloom shall not be liable to the user 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 Services, including, without limitation, code, 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. The user is granted a limited, non-sublicensable right to access this Website, use the Services and print the Materials for their personal, non-commercial, and informational use only. Bloom reserves the right, without notice and in sole discretion, to terminate the user’s license to use the Services, and to block or prevent future access to and use of the Services. The foregoing license grant does not include the right for the user 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 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 Services or the Materials.
  • Use, frame or utilize framing techniques to enclose any portion of the Website.

Except for the limited license granted to the user, the user is 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 the Services 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 Services. 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 names "Bloom", "Bloom Labs", "Bloom Labs Incorporated" 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 Services 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 Services 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

The user agrees 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 News Content on the Services, or arising out of or related to the use of the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Bloom arising out of or relating to the News Content, the user’s conduct, the user’s violation of the Terms of Use, or the user’s violation of the rights of any third-party.

9. No Warranties

The user’s use of the Services is at their own risk. The Services and the Materials are provided on an "as is" basis without warranties of any kind, either express or implied. The user expressly agree that use of the Services, including all content or data distributed by, or downloaded or accessed from or through the Services, is at their 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 Services. Bloom does not represent or warrant that Materials on the Services 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 Services 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 Services or the Materials.

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 District of Columbia 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. The user agrees 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 the user agrees to split the cost of such arbitration equally. The arbitration must be conducted in Washington D.C., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Bloom or the user may seek any interim or preliminary relief, including injunctive relief, from a court of competent jurisdiction in Washington D.C., as necessary to protect the rights or property of Bloom or the user.

13. How to Contact Bloom

If you have any questions regarding this policy, please contact Bloom by email at .

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