This Agreement is subject to change by Bloomer at its sole discretion at any time, and any such changes will be posted on the App. Your continued use of this App or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
- Electronic Agreements. This Agreement is an electronic contract that sets out the legally binding terms of your use of the App and y-our membership in the Services. Because the Services are provided electronically, you must consent to Bloomer’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records“), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Bloomer may be required to provide to you.
- Withdraw Your Consent. You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by Bloomer are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Bloomer may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
You must be at least 17 years old to use the App or to register for the Services. By using the Services, you represent and warrant that you are at least 17 years old. Membership in the Services is void where prohibited. By using the App, you represent and warrant that (i) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and (ii) you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. BLOOMER DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Bloomer reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. By agreeing to these terms and conditions, you hereby authorize any such check.
3. USE OF APP AND SERVICES
You may become a Member of the Services at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Services.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Bloomer of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bloomer will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a shared smartphone so that others are not able to view or record your password or other personal information.
- Exclusive Use.Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bloomer is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
- Information Submitted.You are solely responsible for, and assume all liability regarding to (i) the information and content you contribute on the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (collectively called as “Content“) through the Services; and (iii) your interactions with other Members through the Services.
- Risk Assumption and Precautions.You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including meetings. You agree to take all necessary precautions when meeting individuals through the Services.
- No Guarantees.Bloomer cannot and does not control the Content contained in any photos and conversations between any Members. You understand and agree that Bloomer makes NO guarantees, either express or implied, regarding your ultimate compatibility with individuals you may communicate or meet or talk with through the Services. Bloomer is NOT responsible for and disclaims any and all liability related to any and all Content. Accordingly, any communicate or meet or talk among Members will be made at the Member’s own risk.
- Operating Guarantees. Bloomer will try its best to make Bloomer available as much as possible, however, Bloomer does not guarantee that it will be operating and running all of the time due to maintenance, upgrades and potential technical difficulties.
- Reporting of Violations.You will promptly report to Bloomer any violation of the Agreement by others, including but not limited to, Members.
- Content Removal.Bloomer reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the App. Bloomer will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- Posting and Communication Restrictions.You will not post on the App, transmit to other users, communicate any Content (or links thereto), or otherwise engage in any activity on the App or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the App or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others’ copyrighted Content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- are intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the App;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the App or Services;
- uses the App or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information.You will not provide inaccurate, misleading or false information to Bloomer or to any other user. If information provided to Bloomer or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Bloomer of such change.
- No Advertising or Commercial Solicitation.You will not advertise or solicit any user to buy or sell any products or services through the App or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Furthermore, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Bloomer, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Bloomer US$500 for each such unsolicited communication you send through the Services.
- Unique Profile.As a Member of the Services, you will create only one unique profile. Not all Members are available for ranking. From time to time, Bloomer may create test profiles in order to monitor the operation of the Services. Bloomer reserves its right to immediately remove any similar Profile at its sole discretion and claim to have the User reimburse Bloomer, its partners/clients and any other Members for any and all of damages incurred.
- Removal of Profile. Bloomer also reserves the right, at any time and without prior notice, to immediately remove any Profile which, at its sole discretion, it considers to be in violation with Bloomer’s policies or applicable laws, or otherwise harmful to the App or Services.
- Selection of Profiles.From time to time, your profile may be selected for introducing of our special function. For example, if we have an “outfit leader-board” and your photo is in the selected list, we might want to promote your photo is the most popular picture of the day as “Outfit of the day”. Also, we will show the ranking result of leader-board on our App and in other social networking pages.
- Rewarding. Bloomer has the right to reward flowers to its Members and/or reward Members with prizes at its own discretion.
- No Harassment of Bloomer’s Employees or its Subsidiaries/Agents.You will not harass, annoy, intimidate or threaten any Bloomer employees or its Subsidiaries/Agents engaged in providing any portion of the Services to you.
4. PROPRIETARY RIGHTS.
- Ownership of Proprietary Information. You hereby acknowledge and agree that, as the owner of the App, BLOOMER LIMITED is the owner of highly valuable proprietary information, including without limitation, the patented compatibility profiles and photos (collectively, “Confidential Information“). BLOOMER LIMITED owns and hereby retains all proprietary rights in the Services and the App, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Bloomer or third party proprietary information available via the Services or the App.
- License to Posted or Accessed Content. By posting information or Content to any profile page or public area of the Services, or making it accessible to us by linking your Bloomer Account to any of your social network account (e.g. via Facebook), you automatically grant, and you represent and warrant that you have the right to grant, to Bloomer and its Users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and Content, and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the foregoing in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such information or Content, whether in whole or in part and in any format or medium currently known or developed in the future). From time to time, we may create, test or implement new features or programs on the App in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
5. COPYRIGHT POLICY.
- By submitting Content to Bloomer you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us at the email address email@example.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the App; your address, telephone number, and email address; 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; 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.
- Bloomer has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our App constitutes a violation of their intellectual property rights or of their right to privacy or any other laws.
6. PROHIBITED ACTIVITIES.
Bloomer reserves the right to investigate and terminate your membership if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not loiterer or solicit prostitution in any form or doing any prostitution-related activities.
- You will not express or imply that any statements you make are endorsed by Bloomer without our specific prior written consent.
- You are not allowed to have an abstract profile pictures (like cartoon pictures), your detailed profile description must describe yourselves accurately.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its Content.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Services.
- You will not interfere with or disrupt the Services or the App or the servers or networks connected to the Services or the App.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.
- You will not “frame” or “mirror” any part of the Services or the App, without Bloomer’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Bloomer or the Services or the site in order to direct any person to any other website for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the App or any software used on or for the Services or cause others to do so.
7. USER INFORMATION.
- Private information protection. Bloomer shall not reveal your private and confidential information such as you email, phone number, bank account or credit card. You are aware that you will not and should not display any personal and confidential information such as bank account, credit card, email and phone number to the public and other people. If you choose to do so, you do so at your own risk.
- No Contact Information.You agree that you will not post any e-mail addresses, personal address or profile page you may have on a third party website, or other contact information in your profile when using the Services or in any other communications you may have with other users.
- Disclosure By Law.You acknowledge and agree that Bloomer may disclose information you provide if required to do so by laws, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Bloomer’s, BLOOMER LIMITED’s, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
- Use of Anonymous Information for Research.By using the Services, you agree to allow Bloomer to anonymously use the information from you and your experiences through the Services to continue Bloomer’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
8. REGISTER TO THE SERVICES
- What can Members buy from Bloomer? You can pay to: (i) Buy packages of flowers to give to other Members; (ii) Buy special promotion packages of flowers that are from time to time.
- Billing and Payment. Bloomer bills you through an online account (your “Billing Account”) for use of the Services. You agree to pay Bloomer all charges at the prices you agreed to for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize Bloomer to charge your chosen payment provider (your “Payment Method”) for the Services. You agree to make payment using that selected Payment Method. Bloomer may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 8 includes any agreements you made with Bloomer on the App when becoming a Bloomer’s Member. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
- Period. Your membership will continue indefinitely until cancelled by your request or being cancelled by Bloomer at its sole discretion, at the same conditions and terms you agreed to when registering.
- Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Bloomer if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). Changes to such information can be made at “Account Settings” screen on the App. If you fail to provide Bloomer any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers of you credit or debit card as provided by your credit or debit card issuer.
- Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that Bloomer is authorized to charge your Payment Method. Bloomer may submit those charges for payment and you will be responsible for such charges. This does not waive Bloomer’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially registered to the Services.
9. LINKS TO THIRD-PARTY WEB SITES/DEALINGS WITH ADVERTISERS AND SPONSORS.
10. DISCLAIMER OF WARRANTY.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS THE OWNER OF BLOOMER, BLOOMER LIMITED PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE APP (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BLOOMER LIMITED DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. BLOOMER LIMITED DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or Content made available through the Services, but not directly by Bloomer, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. Bloomer does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than BLOOMER LIMITED. Under no circumstances will Bloomer be responsible for any loss or damage resulting from anyone’s reliance on information or other Content posted on the services, or transmitted to or by any users.
- Beta Features. From time to time, Bloomer may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Bloomer’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
11. LIMITATION OF LIABILITY.
- Incidental Damages and Aggregate Liability. To the maximum extent permitted by applicable law, in no event will Bloomer be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, services interruptions and procurement of substitute services, even if Bloomer knows or has been advised of the possibility of such damages.
- No liability for Bloomer’s non-actions. To the maximum extent permitted by applicable law, in no event will Bloomer be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
- Information Verification. Bloomer and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Bloomer and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Bloomer, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (i) your use of or inability to use the App or Services, (ii) any user postings made by you, (iii) your violation of any terms of this Agreement or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations. Bloomer 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 Bloomer in asserting any available defenses.
13. CUSTOMER SERVICES AND ABUSE/COMPLAINTS/QUESTIONS.
To resolve a complaint regarding the Service, you should firstly review our Frequently Asked Questions (FAQs) by clicking on the help link located at the bottom of any page of the Website. You can also report to us any inappropriate actions from other users by using the “Report” function in the App. Otherwise, Bloomer provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of any unused applicable fees.
14. COMMUNICATION AND PRIVACY.
15. TERM AND TERMINATION.
This Agreement will become effective upon your acceptance of the Agreement by your use of the App or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Bloomer may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Bloomer reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Bloomer by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any Member’s use of the Services, Bloomer reserves the right but not obligation to send a notice thereof to other Members which whom you have corresponded.
Except as otherwise stated in this section, you may cancel your registration to any Services at any time during the term of such registration by accessing the “Account Settings”. In such case, your registration will terminate right at the time you terminate you will not receive any refund for any fee had paid.
- As a Member of Boomer, you understand and acknowledge that you are solely responsible for the tax obligations in connection with any income and/or any other prizes/awards obtained from Bloomer with appropriate governmental agencies, departments or authorities. Bloomer hereby cannot and shall not offer tax-related advice to any Members.
- Bloomer reserves its right at its sole discretion to withhold taxes from payments to you and/or freeze all payouts to you as required by law and pay such applicable taxes to the tax authorities.
18. GOVERNING LAWS AND DISPUTE RESOLUTION.
- Governing Laws. This Agreement and any dispute between the Parties shall be governed by the laws of Hong Kong without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by Rules of Arbitration of HKIAC.
- Arbitration of Disputes. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the App shall be BINDING ARBITRATION administered by the Hong Kong International Arbitration Centre (HKIAC), under the Rules of Arbitration of HKIAC, by one or more arbitrators appointed in accordance with said Rules.
- Notice of Rights. By using the App or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Bloomer. You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury.
19. GENERAL PROVISIONS.
This Agreement, which you accept upon registration for the Services, the Policy, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Bloomer regarding the use of its Services.
This Agreement contains the entire agreement between you and Bloomer regarding the use of the App and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Bloomer at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Bloomer App and your use of the Services after such posting will constitute acceptance by you of the revised Agreement.
Please Contact Us with any questions regarding this agreement. Bloomer is a trademark of BLOOMER LIMITED.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.