Terms of Use

User Conduct When accessing or using BloomBay's website, you agree to abide by all applicable laws and regulations and to be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Site. You agree not to:
1. Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
2. Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BloomBay server, or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means.
3. Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
4. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of BloomBay, including any BloomBay account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Intellectual Property Rights The Site and its original content, features, and functionality are owned by BloomBay and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 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.
Indemnification You agree to indemnify, defend, and hold harmless BloomBay, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Termination BloomBay reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Upon termination of your access to the Site, these Terms will also terminate, but all provisions which, by their nature, should survive termination, shall remain in full force and effect.
Entire Agreement These Terms constitute the entire agreement between you and BloomBay concerning the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BloomBay with respect to the Site.
Waiver and Severability The failure of BloomBay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the provision, and the other provisions of these Terms remain in full force and effect.
Changes to Terms BloomBay reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Notification of Changes We may notify you of changes to these Terms via email or by prominently posting a notice of such changes on our website. You agree to be bound by the revised Terms if you continue to use our website after the effective date of any revised Terms.
Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BloomBay without restriction.
Headings The section titles in these Terms are for convenience only and have no legal or contractual effect.
No Partnership or Agency Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or employment relationship between you and BloomBay.
Dispute Resolution Any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Force Majeure BloomBay shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BloomBay's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
No Waiver The failure of BloomBay to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BloomBay.
Interpretation These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The parties agree that any action arising out of or in connection with these Terms shall be brought exclusively in the state or federal courts located in California, and you hereby consent to the personal jurisdiction and venue of such courts.
Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
No Third-Party Beneficiaries These Terms are for the benefit of you and BloomBay and are not intended to benefit any third party or be enforceable by any third party. The exercise of BloomBay's and your rights in relation to these Terms is not subject to the consent of any third party.
Language It is the express wish of the parties that these Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Updates to Terms BloomBay reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after the posting of any modifications to the Terms constitutes acceptance of those changes. It is your responsibility to review the Terms periodically to stay informed of any updates.
Acknowledgment By using BloomBay, you acknowledge that you have read these Terms of Use and agree to be bound by them. If you do not agree to these Terms, please refrain from using the Site.
Dispute Resolution In the event of any dispute arising out of or relating to these Terms, you agree to first attempt to resolve the dispute informally by contacting BloomBay at [email protected]. If the dispute cannot be resolved through informal means, you agree that any legal action or proceeding shall be brought exclusively in the courts located in the State of California, and you hereby consent to the jurisdiction of such courts.
Survival The provisions of these Terms which by their nature should survive termination shall survive any termination, including, but not limited to, provisions regarding intellectual property rights, indemnity, disclaimer of warranties, limitations of liability, and dispute resolution.
Binding Agreement By accessing or using BloomBay, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. These Terms constitute a binding agreement between you and BloomBay and govern your use of the Site, superseding any prior agreements or understandings between you and BloomBay.
Acceptance Your continued use of BloomBay indicates your acceptance of these Terms of Use. If you do not agree to these Terms, please discontinue using the Site immediately.
Updates BloomBay may update or revise these Terms of Use from time to time without notice. You are encouraged to review these Terms periodically to stay informed of any changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes acceptance of such changes.
Governing Law These Terms of Use, and any dispute arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Contact Information If you have any questions or concerns about these Terms, please contact us at [email protected].
Thank you for reading these Terms of Use. By continuing to use BloomBay, you acknowledge that you have read, understood, and agreed to these Terms.