Last updated: December 5, 2016
Collection of Your Personal Information
BloomThat may collect personally identifiable information, such as your name, email address, and contact information. If you purchase BloomThat’s products and services, we also collect billing and credit card information as well recipient shipping information. This information is used to complete the purchase transaction. Information about your computer hardware and software may be automatically collected by BloomThat. This information can include: your IP address, browser type, mobile device, domain names, access times and referring website addresses. This information is used for the operation of the Service, to maintain quality of the Service, and to provide general statistics regarding use of the Service for maintenance and improvements. BloomThat encourages you to review the privacy statements of websites to which you choose to link rom BloomThat so that you can understand how those websites collect, use and share your information. BloomThat is not responsible for the data collection, privacy policies, or other content on websites outside of the Site.
Use of Your Personal Information
BloomThat collects and uses your personal information to operate and deliver the Service to you. BloomThat may also use your personally identifiable information to inform you of other products or services available from BloomThat and its affiliates. BloomThat may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. BloomThat does not sell, rent or lease its customer lists to third parties. BloomThat may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to BloomThat, and they are required to maintain the confidentiality of your personal information. BloomThat’s employees and contractors are likewise required to maintain the confidentiality of your personal information and prohibited from using your personal information except to provide the Service. BloomThat may keep track of the features our users visit within the Service, in order to determine what features of the Service are the most popular. This data is used to deliver customized content and advertising through the Service to customers whose behavior indicates that they are interested in a particular offerings. BloomThat will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BloomThat or the site; (b) protect and defend the rights or property of BloomThat; and, (c) act under exigent circumstances to protect the personal safety of users of the Service or other third parties. We do not track or respond to browser “do not track” requests.
The Site may use "cookies" to help you personalize your experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize BloomThat pages, or register for the Service, a cookie helps BloomThat to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Site features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service. Security of Your Personal Information BloomThat secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
BloomThat does not knowingly collect personally identifiable information from children under the age of thirteen without prior verifiable parental consent. The Service is a general audience service and is not targeted to or intended for use by children.
Opt-Out and Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from BloomThat by contacting us by email at firstname.lastname@example.org or calling 1-877-777-5411.
Your California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Bloom That, Inc., 1409 Minnesota Street, San Francisco California, 94107 Attention: Legal.
Changes to This Statement
Terms and Conditions
Last updated: December 5, 2016
Visiting the Site or mobile apps that are part of the Service, sending emails to BloomThat, or chatting with BloomThat representatives constitute electronic communications. By using the Service, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing.
Children under the age of 18
BloomThat does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Service only with permission of a parent or guardian.
Account, Password, Security and Mobile Phone Use
You must register with BloomThat and create an account to use the Service. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or BloomThat for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. BloomThat has no control over the use of any Customer's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact BloomThat immediately. By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. BloomThat will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on BloomThat mobile application, or by emailing email@example.com.
Billing and Payment
Customers will be required to provide their credit card or bank account details to BloomThat and the Payment Service Provider retained by BloomThat, for example a credit card company or PayPal. Customer will be billed for the products they have purchased through the Service. Purchases are subject to taxes as applicable and indicated through the Service prior to completing a purchase. Purchases made through the Service are nonrefundable.
Under certain circumstances and at BloomThat’s sole discretion, you may receive a credit towards a future purchase through the Service. Unless otherwise stated within the notice of such credit, all credits for the Service shall expire 90 days after issuance. BloomThat will not notify you of the impending expiration of your credit. You are responsible for managing and applying your credit to a purchase before the expiration date.
Links to third party sites/Third party services
The Service may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BloomThat and BloomThat is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BloomThat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BloomThat of the site or any association with its operators. Certain products made available via the Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the Service, you hereby acknowledge and consent that BloomThat may share such information and data with any third party with whom BloomThat has a contractual relationship to provide the requested product, service or functionality to fulfill your orders and requests.
You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Service strictly in accordance with this Agreement. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of BloomThat or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BloomThat or our licensors except as expressly authorized by this Agreement.
Unlawful or Prohibited Use
As a condition of your use of the Service, you warrant to BloomThat that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You shall not use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Recipients and BloomThat representatives and staff. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. BloomThat content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BloomThat and the copyright owner.
Third Party Accounts
You will be able to connect your BloomThat account to third party accounts. By connecting your BloomThat account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by BloomThat from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BloomThat content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BloomThat, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BloomThat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BloomThat in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLOOMTHAT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME. BLOOMTHAT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLOOMTHAT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLOOMTHAT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLOOMTHAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and BloomThat agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to BloomThat. BloomThat’s address for such notices is Bloom That, Inc., 1409 Minnesota Street, San Francisco California, 94107 Attention: Legal. BINDING ARBITRATION. If you and BloomThat are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, BloomThat will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BloomThat may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in San Francisco County, California with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and BloomThat agree that any arbitration will be limited to the Dispute between BloomThat and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BLOOMTHAT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and BloomThat otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void. LOCATION OF ARBITRATION. Arbitration will take place in San Francisco County, California. You and BloomThat agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco, California have exclusive jurisdiction and you and BloomThat agree to submit to the personal jurisdiction of such courts.
You and BloomThat agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in the section above, if any portion of the section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in the section above is found to be illegal or unenforceable, neither you nor BloomThat will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within San Francisco, California, and you and BloomThat agree to submit to the personal jurisdiction of that court. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
BloomThat reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BloomThat as a result of this agreement or use of the Service. BloomThat's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BloomThat's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by BloomThat with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BloomThat with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BloomThat with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to this Agreement
BloomThat reserves the right, in its sole discretion, to change the terms under which the Service is offered. The most current version of the terms as described in the latest version of this Agreement will supersede all previous versions. BloomThat encourages you to periodically review this Agreement to stay informed of our updates.
BloomThat welcomes your questions or comments regarding the Terms:
Bloom That, Inc.
1409 Minnesota Street
San Francisco, California 94107
Email Address: firstname.lastname@example.org
Telephone number: +1 877-777-5411