Terms of Use

Effective date: June 19, 2018

Welcome to newbloombox.com.  Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at newbloombox@gmail.com

These Terms of Use (the “Terms”) are a binding contract between you and New Bloom Media, Inc. dba New Bloom Box. (“New Bloom Box,” “we” and “us”).   You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services.  We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the newbloombox.com website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

New Bloom Box takes the privacy of its users very seriously.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.  We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us.  If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at newbloombox@gmail.com.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).  If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a)        Infringes or violates the intellectual property rights or any other rights of anyone else (including New Bloom Box);

(b)       Violates any law or regulation, including any applicable export control laws;

(c)        Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d)         Violates the security of any computer network, or cracks any passwords or security encryption codes;

(e)       Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(f)       “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(g)         Copies or stores any significant portion of the Content;

(h)         Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in New Bloom Box?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including New Bloom Box’s) rights.

You understand that New Bloom Box owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to New Bloom Box or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services, such as any text, photographs, ideas, comments, suggestions, or other content, is your “User Submission.”  Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.  Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant New Bloom Box a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), copy, distribute, display, publish, perform, sell transmit, create derivative works and otherwise act with respect to such User Submissions, in each case to enable us to operate or improve the Services, as described in more detail below.  This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. You irrevocably waive and agree not to assert any “moral rights,” that you have to prevent us from exploiting the rights granted above.

Finally, you understand and agree that New Bloom Box, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like New Bloom Box, being asked to remove material that allegedly violates someone’s copyright.  We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

New Bloom Box may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases.  Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by New Bloom Box at any time in its sole discretion. Promotional codes are void where prohibited.

What terms govern my purchase of New Bloom Box and other products through the Services?

While we will try to give you advance notice of any changes in our pricing and availability, we reserve the right to change our prices, available products, and Memberships at any time. Also, we may occasionally make errors in the stated prices on the Services. If a product’s correct price is inaccurately stated on the Services, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

All sales are final and we do not allow returns or substitutions of products. We reserve the right to refuse or limit any orders.  We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order.

If you receive a damaged or incomplete order, please contact us at newbloombox@gmail.com within three [3] weeks of receiving your order.  We may offer any refunds or replacements solely in our discretion.

We are no longer responsible for damage to your order or risk of loss once we deliver your order to the common carrier for shipment to you. Title to your order passes from us to you at the time we deliver your order to the common carrier.  We reserve the right to choose any common carrier to ship your order to you. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

You authorize New Bloom Box and its payment processor to charge your payment card for all purchases you make.  You are responsible for providing us with complete and accurate personal and payment account information, and for keeping such information up-to-date.  We may, in our sole discretion, cancel your payment at any time by providing notice to you through the contact information you have provided us in your account (such as your personal email address) or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation, (a) if you attempt to use the Services in breach of any applicable law or regulation; (b) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (c) if you breach any of these Terms of Use or our Privacy Policy.

Our pricing does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Will New Bloom Box change the Services?

We’re always trying to improve the Services, so they may change over time.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

New Bloom Box is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. New Bloom Box has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

Warranty Disclaimer.  Neither New Bloom Box nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from New Bloom Box or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED BY NEW BLOOM BOX (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL NEWBLOOMBOX (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO NEW BLOOM BOX IN CONNECTION WITH THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.  To the fullest extent allowed by applicable law, You agree to indemnify and hold New Bloom Box, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.  In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without New Bloom Box’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and New Bloom Box agree that these Terms are the complete and exclusive statement of the mutual understanding between you and New Bloom Box, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of New Bloom Box, and you do not have any authority of any kind to bind New Bloom Box in any respect whatsoever. You and New Bloom Box agree there are no third party beneficiaries intended under these Terms.