TERMS OF USE

Welcome to Bloom.com, a social beauty network consisting of our website and applications for mobile devises (the “Site”).

Bloom.com provides you access to this Site, and the products and services offered on this Site, subject to these terms of use (“Terms of Use”).

By visiting, browsing, adding information, shopping or creating an account at this Site, you accept these Terms of Use. Please read this entire document carefully. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to this Site and you will be deemed to have accepted such changes by your continued use of this Site and/or the purchase of any products or services through this Site.

Privacy: We respect your privacy and take it seriously. Please review our Privacy Policy, which also governs your visit to this Site, to understand it in more detail.

Use of Site: You represent and agree that you are will not use this Site, nor allow anyone to use this Site, (a) contrary to Bloom.com’s reputation, public image, or goodwill, (b) in violation of any law, regulation, ordinance or court order, (c) in any manner that could damage, disable, overburden or otherwise impair the ability of Bloom.com to make this Site available to other users or to interfere with the use and enjoyment of this Site by other users, (d) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (e) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (f) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (g) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of Bloom.com, any other users or any third party, or (h) to engage in any conduct that could expose Bloom.com to civil or criminal liability or (i) to engage in any conduct that could be damaging, harassing or aggravating to any other Bloom.com users (“Prohibited Conduct”).

Customer Accounts: Only one account per household or business, some exceptions apply (please call for details).  You represent and agree that all information you provide in creating an account and placing orders for products and services through this Site is truthful and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Bloom.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bloom.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  Creating fraudulent accounts in order to manipulate the results of any contest on Bloom.com will result in disqualification. Looks Good votes cast from accounts related to unverifiable email addresses will also be disqualified. Bloom.com may, in its sole discretion, terminate or suspend any Member's account to all or part of the Bloom.com Site for breach of these Terms and Conditions, or taking actions that are inconsistent with their intent.  Bloom.com shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and services you have ordered. You accept all responsibility for activities that occur under your username, account, and password, and for the accuracy of all information you submit when placing orders through this Site. You are responsible for maintaining the confidentiality of your username, account and password and for maintaining security of your computer including restriction of access. You should notify us immediately if you determine or suspect that your account is being used without your authorization.

BloomDollars: You may receive BloomDollars for operating your account in accordance with the Bloom.comterms and conditions. BloomDollars have no cash value and may only be used to purchase products and services from Bloom.com. BloomDollars may not be used to purchase products or services from any other site. The expiration date for BloomDollars may vary from one promotion to another unless otherwise stated. BloomDollars will expire on the thirtieth (30) day from date of issuance. Bloom.com reserves the right to limit, change or terminate its rewards program at any time.  Referral bonuses only apply to new members who have not previously opened an account with this Site. BloomDollars will not be awarded to for members or referred members who previously opened an account with this Site. In the event that you receive BloomDollars by virtue of you or any other member opening multiple accounts or using multiple email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, you may forfeit all BloomDollars in your account and you may be liable for civil and/or criminal penalties under applicable law.  Any BloomDollars that you earn from purchases are valid only if you do not return that purchase. The BloomDollars awarded for any purchase that is then returned will be deducted from your account at the same level as they were awarded for purchase at the time of purchase. If you have already used the BloomDollars from a product that is later returned and there are not enough BloomDollars in your account then the appropriate amount of value will be deducted from the cash or credit refund part of the return. BloomDollars are valued at the rate of (1) ONE Bloom Dollar to (1) ONE US dollar.

Our Electronic Communications to You: You agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Content: You agree that your participation on the Site is voluntary and hereby grant Bloom.com a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license and right to copy, display, perform, reproduce, modify, delete, create derivative works, sell, distribute and use in any manner whatsoever, in Bloom.com’s sole and absolute discretion, any and all photos, videos, reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Bloom.com in connection with your use of this Site (“Content”). Without limiting the generality of the foregoing, you acknowledge and agree that Bloom.com shall have the ability to use any and all Content in any manner whatsoever, in its sole and absolute discretion, including adapting, translating, publishing and incorporating any and all Content into any form, medium or technology throughout the world without restriction and without compensating you in any way. You grant Bloom.com the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content you submit. You are and shall remain solely responsible for the Content you make.  You represent and warrant to Bloom.com that you own the Content or have the right to grant Bloom.com the rights and licenses in the Content that are provided by you hereunder, and you agree that by posting any Content that includes the likeness of any person other than yourself you have first obtained permission from that person. You further agree to indemnify Bloom.com for all claims resulting from any Content you submit.  Bloom.com takes no responsibility and assumes no liability for any Content submitted by you or any third party.

Copyright and Trademark Notice: This Site and its contents are intended for your personal use. Unless otherwise noted, all content on this Site, including text, graphics, images, logos and software, is the property of Bloom.com or its third party content providers, and is protected under United States and international copyright laws. You may display, copy, download and print hard copy portions of content appearing on this Site solely for your own noncommercial use, or to place orders to purchase products or services from this Site. Except for such expressly permitted uses of content appearing on this Site, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Site, in whole or in part. Any unauthorized use of any content appearing on this Site may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on this Site. Bloom.com is a trademark of Bloom.com. You may not use any meta tags or any other hidden text utilizing any trademarks used or owned by Bloom.com, without our express written consent.

Product Descriptions: Bloom.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. In the event a product on this Site is listed with an incorrect price or description, we reserve the right to cancel any orders placed for the incorrectly priced or described product. We reserve the right to refuse or cancel any such orders regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.

Protecting Children: We take special care to protect the safety and privacy of children. This Site and affiliated Bloom.com sites are general audience sites, but Bloom.com does not knowingly collect personal information from anyone under the age of 13 without parental consent. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet.

Links to Third Party Sites: This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. Further, other sites have their own privacy policies and data collection practices. Please consult each site’s privacy policy. We are not responsible for the actions of third parties.

Third Party Products and Services: Descriptions, images, or references to third-party products or services on the Site do not imply our endorsement and we are not responsible for, and disclaim any endorsement of, any such product or service. Posted reviews by users are solely the opinion of that user and none of the reviews contain or reflect the opinion or views of Bloom.com.

Order Acceptance Policy: Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

Shipping PolicyWe will ship your product when it becomes available. There may be times when the product you have ordered is out-of-stock which will delay the fulfillment of your order. In the event a product is out-of-stock, we will get it to you as fast as possible. We will attempt to ship all products contained in an order at the same time.

Cancellation Policy: We generally ship your products the same business day of receiving the order as long as it is in stock. If you wish to cancel any of your orders and if it has not yet entered the shipping process, we will attempt to cancel it. However, if the item you want to cancel has already entered the shipping process, your only remedy is to return the item (subject to our Return Policy). The right to cancel your order prior to shipping is your sole remedy in the event that we are unable to ship your order in a timely fashion.

If it is determined that an order is placed fraudulently, we reserve the right to cancel the order at any time at our sole discretion.  If the order, deemed to be fraudulent, has already been shipped, but not delivered, we reserve the right to intercept that order and to have it returned to our warehouse and deduct from the refund the original cost of shipping, the cost of interception, and the return processing fee of 5% or $10, whichever is higher. In the case where the paid amount on the order is less than the cost of original shipping, cost of interception, and the return processing fee, no refund shall be given.  

Return Policy: Bloom.com wants you to be happy with your purchases so we have a generous return policy. Please see our separate Return Policy.

Sales Tax: Sales tax will be charged to all orders that are processed with a Nebraska shipping address, regardless of the location from which the product ships. Remote sellers such as Internet retailers are required to collect taxes in states where the company has a physical presence. Bloom.com has facilities in Nebraska; therefore, taxes are applied to orders that are shipped to that state. Many factors can change between the time you place an order and the time of the credit card charge, which could affect the calculation of sales taxes. The amount appearing on your order as estimated tax may differ from the sales taxes ultimately charged. Although Bloom.com charges sales tax on sales orders shipped only to the states mentioned above, your state of residence may require you to pay sales or use tax and file a sales and use tax return for certain purchases made from Bloom.com. You should consult your city, county and state tax regulations to determine your applicable sales or use tax. Notice to Colorado Residents: If you are a Colorado resident, sales or use tax in your state is due on purchases made on this Site unless those purchases are specifically exempt from taxation. The State of Colorado requires Colorado purchasers to file a sales or use tax return for items purchased on this Site.

Disclaimer of Warranty: YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT BLOOM DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BLOOM HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability: IN NO EVENT WILL BLOOM.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED AND REGARDLESS OF WHETHER BLOOM WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT WILL BLOOM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE.

Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS, EXCLUSIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification: You agree to defend, indemnify and hold harmless Bloom.com and its affiliates, officers, directors, owners, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorney’s fees) arising out of or relating to your use of this Site, your breach of these Terms of Use, your engaging in any Prohibited Conduct or the use of any feedback provided by you.

Copyright Infringement Claims: If you are a copyright owner or an agent thereof and believe that any content, information or communication on this Site infringes upon your rights under applicable copyright law, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Bloom.com and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of infringement should be directed to:

Copyright Agent
Bloom.com
9394 West Dodge, Suite 230
Omaha, NE 68114
Bloom@Bloom.com

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing on a copyright, you may be held liable for damages and attorney’s fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. Bloom.com will terminate your account in the event that Bloom.com determines in its sole and absolute discretion that you have used this Site in a manner that qualifies you as a “repeat infringer” under the DMCA.

Severability: If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Jurisdiction and Choice of Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Omaha, Nebraska in connection with any action arising out of or related to these Terms of Use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action. 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 this Site, these Terms of Use or any products or services purchased from this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver: A waiver by Bloom.com of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing. The failure or delay of Bloom.com in exercising any of its rights under these Terms of Use will not constitute a waiver of such rights except as specifically provided in these Terms of Use.

Entire Agreement: These Terms of Use constitute the entire agreement and supersedes any and all other understandings and agreements between you and Bloom.com with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or Bloom.com. Although these Terms of Use may be updated or modified by Bloom.com from time to time as set forth therein, Bloom.com will not be bound by any other amendments or modifications to these Terms of Use, or any terms and/or conditions you include with any purchase order, unless expressly accepted in writing by Bloom.com in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage. 

The effective date of these Terms of Use is August 21, 2012. Copyright © 2012 XUBA LLC. ALL RIGHTS RESERVED