Terms and Conditions

 

Bloomerent's Website and services are provided by Bloomerent LLC.  The www.bloomerent.com website (the "Website") is comprised of various web pages. These Terms of Service ("Terms") govern your access to and use of our Website and services. Bloomerent.com and our services are offered to you conditioned on your acceptance without modification of these Terms. Please read these Terms carefully, keeping a copy for your reference and contact us if you have any questions. By accessing our Website or services, you agree to be bound by these Terms and by our Privacy Policy.

Bloomerent is a florist referral service that matches event hosts to share fresh floral arrangements. Working with a network of florists, Bloomerent connects floral customers and event planning professionals with others interested in sharing or reusing event flowers.

Users

Generally: You may use our Website and services only in compliance with these Terms and all applicable laws.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bloomerent as a result of this agreement or use of the Website. Bloomerent's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bloomerent's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bloomerent with respect to such use.

Kids: Bloomerent does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Any use or access by anyone under the age of 13 is prohibited. If you are under 18, you may use bloomerent.com only with permission of a parent or guardian.

Businesses: If you utilize the Website or Bloomerent services on behalf of a company, organization, or other entity, then you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. 

License

You are granted a non-exclusive, non-transferable, revocable license to access and use bloomerent.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bloomerent that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bloomerent content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bloomerent and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bloomerent or our licensors except as expressly authorized by these Terms. 

Electronic Communications

Visiting bloomerent.com or sending emails to Bloomerent constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Content you Provide

Ownership: Bloomerent does not claim ownership of the materials you provide to bloomerent.com or provide to Bloomerent in any other way for example, e-mail or social media,and including your feedback and suggestions. By providing material you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Permission: By posting, uploading, inputting, providing or submitting your Submission you are granting Bloomerent, our affiliated companies and necessary sublicensees permission to use your Submission in connection with Bloomerent including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, post on social media and reformat your Submission; and to publish your name in connection with your Submission.

Compensation/ Publication: No compensation will be paid with respect to the use of your Submission. Bloomerent is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bloomerent's sole discretion.

Communication Services: The Website contains Blogs, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use theses Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Content We Provide

Copyright: All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bloomerent and protected by copyright and other laws that protect intellectual property and proprietary rights. 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.

Links: Our Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bloomerent and Bloomerent is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bloomerent is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bloomerent of the site or any association with its operators.

Third Party Services: Certain services made available via bloomerent.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bloomerent.com domain, you hereby acknowledge and consent that Bloomerent may share such information and data with any third party with whom Bloomerent has a contractual relationship to provide the requested product, service or functionality on behalf of www.bloomerent.com users and customers.

Cancellation/Refund Policy

It is important to keep in mind that any contracts related to the creation, delivery, price or payments of you centerpieces is exclusively between you and your florist. Any refunds or payments due as a result of changes or cancellation of your centerpieces will be governed by the terms of that contract and are outside of our control. There are some instances where you may want to cancel or change your listing with Bloomerent, so we want to make sure you know the rules.

Change of Heart: If you are listing event flowers with Bloomerent and decide that you no longer wish to share your flowers with another event, you may cancel your listing at any point as long as your flowers have not been opted into by another event. You agree that once we send you an e-mail confirmation that your event flowers have been shared, you are no longer able to cancel sharing your flowers through Bloomerent.

Event is Cancelled: If your event is canceled before another event has opted in, no problem, you agree to let us know so we can stop wasting time finding you the perfect match.  If your even is canceled after another event has opted in, Bloomerent will work with the second event and the florist to ensure the second event receives the same high-quality centerpieces they originally opted into.

Opting In: If you have opted into an event, you may revoke your opt in at any point until you enter a contract with the florist. Once you have signed a contract with your florist, any cancellations will be governed by the terms of that agreement and are outside of our control.

Indemnification

You agree to indemnify, defend and hold harmless Bloomerent, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bloomerent 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 Bloomerent in asserting any available defenses.

Disclaimers

Accuracy: The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Bloomerent and/or its suppliers may make improvements and/or changes in the Website at any time.

Website: Bloomerent and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Bloomerent and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Referral Service: You understand that Bloomerent makes no representations or warranties with respect to the delivery or quality of the floral arrangement provided by any Florist referred through this Website or our in conjunction with our services. Your Florist shall bear sole responsibility for providing the agreed upon products to you. Both Customer and Florist waive any right to pursue Bloomerent for any damages.

Limited Liability

To the maximum extent permitted by applicable law, in no event shall Bloomerent and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Bloomerent or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the site.

Termination

Bloomerent 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, with or without cause or notice to you.

Additional Terms

Dispute Resolution: For any dispute you have with Bloomerent, you agree to first contact us and attempt to resolve the dispute with us informally. 

Change in Terms: Bloomerent reserves the right, in its sole discretion, to change the Terms under which our Website and services are offered. The most current version of the Terms will supersede all previous versions. Bloomerent encourages you to periodically review the Terms to stay informed of our updates.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bloomerent without restriction. Any attempted transfer or assignment not expressly permitted here shall be null and void.

Entire Agreement/Severability: These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Bloomerent in connection with our services, shall constitute the entire agreement between you and Bloomerent. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bloomerent with respect to the Website. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bloomerent's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

International Users: The Website is controlled, operated and administered by Bloomerent from our offices within the United States (US). We make no representations that our Website or services are available or appropriate outside of the US. If you access the Website from a location outside the US, you are solely responsible for compliance with all local laws. You agree that you will not use the Website Content accessed through www.bloomerent.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Choice of Law

This Agreement shall be governed by the laws of the State of New York.  The Parties irrevocably consent to the exclusive jurisdiction of the state and federal courts in New York, New York, and further consent to the exercise of personal jurisdiction of the courts therein. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

Contact Us

Bloomerent welcomes your questions or comments regarding these Terms:

Email Address: info@bloomerent.com

Write to Us:

Bloomerent LLC

120 East 23rd Street, 5th Floor

New York, New York 10010

 

Last Updated:  February 17, 2017