Terms and Conditions
By accessing this website hosted on Zenler.com, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. This terms and conditions agreement (“Agreement”) is between Bloom, a wholly owned subsidiary of Integrant Services, LLC (“Company”), a Nebraska limited liability company, and you (“Subscriber” or “you”) regarding a program you wish to purchase through bloomcrafters.com. By purchasing a subscription to one of the programs sold via bloomcrafters.com, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the program. If you are making a purchase on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
Permission is granted to use the materials on Bloom (the Company) web site for personal, non-commercial transitory viewing only. The Company owns the copyrights and other intellectual property rights over any materials provided via any Programs sold under this Agreement. You are licensed to use the materials only for your own individual use. This is the grant of a license, not a transfer of title, and under this license you may not:
- a) modify or copy the materials.
- b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial), to include social media posting.
- c) attempt to decompile or reverse engineer any software contained on the Company's web site.
- d) remove any copyright or other proprietary notations from the materials.
- e) transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.
Programs and Access Levels
You agree to purchase the program or class (“Program”) selected by you, as described on the Program product page. When you purchase a Program, you will have access to the Program for the lifetime of the Program, including all Program updates and access to any available online forum. (Note: Lifetime is not defined as “forever” and is not defined as for the life of the subscriber. Lifetime is defined as “for the lifetime of the Program.”). If the program is a monthly subscription, you will have access to the Program for as long as you are enrolled and pay the agreed upon subscription fee (monthly or annual). When subscription payment is terminated by the Subscriber or the Company (when the Program is no longer available, or the Subscriber is in breach of contract), the Subscriber will lose all access to the Subscription contents.
Subscriber Duties and Forum Rules
You agree to comply with the rules of the any available online forums included in your purchased Program(s) including: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; the Company may moderate, edit, or delete posts at any time, at the Company’s sole discretion; and the Company and its designated administrators or moderators may ban a subscriber from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to the Company and other subscribers in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program subscribers, and will not repost or share the information provided by a fellow Program subscriber with any third party, including on the Internet or via social media. You understand that any abusive, negative, or inappropriate conduct with Company staff or any of the other Program subscribers is a material breach of this Agreement.
You agree to pay the fee as stated on the sales page of the Program, using either PayPal or Stripe (upon your selection). Overdue amounts, including bounced payments or chargebacks, may be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. The Company will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that fees are non-refundable, and you are responsible for the payment even if you choose not to utilize the Program.
Forums and Review Content
You retain copyright and trademark rights over all content you upload to the online forum, and grant the Company a non-exclusive, universe-wide, royalty-free license to display your forum materials content only in the online forum. You grant the Company a non-exclusive, universe-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to any online reviews content, to use in and around the marketing and promotion of the Company.
This Agreement begins when you purchase a course or subscription and will continue for the term of your subscription or until terminated under this section, whichever is first. If either party materially breaches this Agreement, the other party may terminate this Agreement upon five (5) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties
The Program is for your education and information. The Company cannot and does not guarantee that any specific results will be obtained from the Program such as specific goals regarding business success or website traffic, because your results involve factors beyond the control of the Company, including your experience, training, and business status. The Company disclaims any warranties as to the availability, completeness, or accuracy of the materials. The Company disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.
The Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user's own risk.
Warranties and Indemnification
You warrant that any materials you upload to the online forum and any reviews you submit do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify the Company against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement, and your participation in any purchased Program.
Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
The terms of this Agreement cannot be waived or modified except by an express agreement in writing signed by all the parties.
No Assignment or Transfer
You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity. Sharing your login information with any other person (except as provided above) is a material breach of this Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter contained in this Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Waiver of Consequential Damage
No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Choice of Law and Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be governed by the laws of the State of Nebraska. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be based on the submission of documents and there will be no in-person or oral hearing. Time is of the essence for any arbitration under this Agreement and arbitration hearings will take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) will agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) will not award consequential damages in any arbitration initiated under this section. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Reporting Copyright Infringement (DMCA)
The Company complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at firstname.lastname@example.org or 19818 Ewel Ct, Plattsmouth, NE 68048 (402) 913-0152, containing the following information: – Your contact information (name, mailing address, phone number). – A description of the copyrighted work that you believe was infringed. – A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link. – A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner. – Your digital or physical signature. Any questions about the Agreement can be directed to: email@example.com
Copyright @ Bloom. All rights reserved
This Agreement was last modified on June 11, 2021