This Terms and Conditions of Use Agreement ("Terms," "Agreement") describes how Bloom Labs Incorporated ("Bloom") is associated with the information and users on https://www.bloom.li ("Website") and services ("Feeds," "Plugins," "Newsletters"), referred to altogether as "Services".
This Agreement is made between you ("you," "your") and Bloom, and should be read and agreed to by you before accessing the Services. By accessing and using 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 provide you with access to the Services as specifically indicated herein. This policy governs access to and use of the Services.
This section applies to the information ("News Content"), which includes text or visual media from or about news articles, events, or other forms of content, that is provided by an organization ("Publisher") who has registered on Bloom to provide such information to the Website or Services.
When a Publisher submits a registration application on Bloom, Bloom manually reviews their website(s) to ensure their company and News Content meet specific criteria. Bloom reserves the right to refuse or revoke any Publisher’s application that does not meet or cease to meet the requirements, which include:
Publishers are solely responsible for any text, images, links, or other materials that they post on Bloom. 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:
You understand that Bloom does not approve or control the News Content and instead simply provides Services that allow you to access information that has been made available by others. Bloom is not liable for any statements, representations, or News Content provided 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 the Publisher’s conduct of posting such News Content.
You understand that Bloom does not endorse or warrant any News Content or guarantee the accuracy, authenticity, integrity, or quality of such content. Using the Services, you acknowledge that you 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, 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 is solely at Bloom's discretion, and failure to enforce the Terms in some instances does not constitute a waiver of Bloom’s right to enforce them in other instances. These Terms 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 News Content on the Services, they grant Bloom a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable, non-exclusive license to display, distribute, translate, and otherwise use the 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 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.
The Services allow you to read and interact with News Content through Bloom, its registered Publishers, or third-party distribution partners ("Hosts"). Collectively, you, Publishers, Hosts, and other people accessing the Services are users of Bloom ("users").
News Content posted on Bloom does not guarantee its distribution or presentation on Services. Services may have limited or restricted access ("limitations") to their functionality or News Content. These limitations may also apply to individual instances of Services where the News Content may be excluded from one instance and include it in another instance. The Publisher or Host operating the Service instance may apply these limitations separately depending on their purpose of using the Service.
Along with a Service’s limitations, the type of News Content communicated through a Service may be filtered by you, the Host, or the Publisher operating or using the Service. Each Service instance maintains a specific purpose for communicating News Content to you and may only require a segment of available News Content. Each type of Service has a unique set of filter options to help fulfill its purpose, including News Content location, date, category(s), and keyword(s).
The Services serve a sole purpose to deliver the News Content for reading purposes and are not an offer or promise to sell the News Content as a product. The display of the News Content communicated through the Service may or may not be in control of the Service itself. For Services that provide a user interface ("Interface Services"), Bloom will arrange the presentation of News Content with the necessary text, visual media, and link components to reasonably represent the News Content and its Publisher. For Services that do not have a user interface ("Non-Interface Services"), the Service and Bloom will not control the presentation of News Content. Non-Interface Services include those distributing News Content by email, in which an email service will be responsible for the display, or by feed, in which a third-party service by a Publisher or Host will be responsible for presentation.
The monitoring of News Content presentation on Non-Interface Services will be done by initial specification and agreement by the Publisher or Host utilizing the Service. The recommended and reasonable representation of the News Content with Interface and Non-Interface Services is to display News Content in a manner that is readable and accessible to users, gives sufficient credit to the Publisher of the News Content, and does not distort or position the News Content in a manner that alters its text or visual components, its message and context, and its Publisher source.
Publishers can update component(s) of their News Content to make a correction or addition to the text or visual media, or for other purposes. The News Content presented on Interface Services will be immediately updated. The News Content communicated through Non-Interface Services will be updated in proceeding uses of the Service, but may not be updated on preceding uses of the Service. Bloom is not responsible for the presentation of the News Content from a Non-Interface Service. However, Bloom recommends Publishers and Hosts operating a Service to keep News Content they utilize as up-to-date as possible.
Each Service will post, email, transmit, or otherwise make News Content available to users through a secure hypertext transfer protocol (HTTPS). This security measure ensures communication between Bloom and users is protected from interference with other technologies outside of the Service itself. Third-party websites or applications provided by the Publisher or Host that integrate the Service are recommended, but not required, to have HTTPS applied. Using these third-party websites or applications, you abide by its terms and other secure or insecure measures applied and understand that an insecure website or application may inhibit the Service’s secure communication capabilities.
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. Bloom shall provide reasonable notice prior to discontinuing the Service or making modifications that limit functionality of the Service. 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.
All copyrighted and copyrightable materials on the Services, including, without limitation, code, interface design, text, graphics, and the selection and arrangement and compilation of information ("Materials") thereof are the proprietary property of Bloom, its licensors, or its users and are protected by the United States and international copyright laws. Each 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 a 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 a user to:
Except for the limited license granted to each user, a 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 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 displayed on the Services. Bloom derives such copyrighted images 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 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.
The names "Bloom," "Bloom Labs," "Bloom Labs Incorporated," and its associated logos are trademarks, service marks, 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. Additionally, all page headers, custom graphics, and custom code are service marks or trademarks (including trade dress) of Bloom, and may not be copied, imitated, or used, in whole or in part, without Bloom’s 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.
Bloom may provide third-party content on the Services and links to third-party websites (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 Publishers and Hosts, belong to their respective author(s) or distributor(s). In many instances, the content available through the Services represents the opinions and judgments of the third-parties. 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.
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 use of or News Content on 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 conduct of you or other users, violation of the Terms, or violation of the rights of any third-party.
Your 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 expressed or implied. You expressly agree that using the Services, including all content or data distributed by, or downloaded or accessed from or through the Services, is at your sole risk. Bloom disclaims all warranties, express or implied, including, but not limited to, implied warranties of 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 communicated through the Services or the servers that make 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.
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 $100.00.
The Terms shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
Any claim shall be governed and resolved by courts residing within and operating within the County of Loudoun in the Commonwealth of Virginia. For any claim made by a party residing outside of the United States, the parties may endeavor to settle the claim by direct negotiation between their managing directors or similar senior executives, but if direct negotiation does not result in a resolution of the claim within one (1) year after initially filing the claim, either party may require that it be referred to mediation by the court.
Bloom's failure to exercise or enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. If any provision or portion of the Terms is held to be invalid or unenforceable under law, then it shall not affect the enforceability or validity of any other provision of the Terms, and Bloom may reform and interpret the provision to accomplish its objectives in good faith.
Users 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.
Any controversy or claim arising out of or relating to these Terms or the Services will be settled by binding arbitration according to the American Arbitration Association’s commercial arbitration rules. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other party’s claim or controversy. You and Bloom agree to split the cost of such arbitration equally. The arbitration must be conducted in the Commonwealth of 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 Bloom or you.