Terms & Conditions of Use
Blossom (the “Operator”) has created a platform for schools, parents & students above the age of thirteen to collaborate and design books that capture their memories. The terms and conditions and the use of the Services create a binding agreement between you, your organization and Blossom. By using or accessing our Services you agree to these terms. If you are a parent of a student, you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services.
During the registration process, you will be required to provide information that will be used to establish your account. You may not establish an account or place an order if you are under the age of 13. You agree to provide current and complete information during the account set up process. Blossom reserves the right to suspend or terminate your account if any information or data you provide proves to be inaccurate, incomplete, not current, or illegal or poses a threat or danger.
We, the Operators of this Website, provide it as a service to our users.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
Permitted and Prohibited Uses
You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality or other obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information, including but not limited to addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
The Operators note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
Use of Personally Identifiable Information
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
You agree to defend, indemnify and hold harmless the Operators, employees, officers, directors, insurers, successors and assigns, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any copyright, intellectual property or privacy right or other right of any person or entity.
Limitation of Liability
The entire risk arising out of your access to and use of the Services and content resides with you. Blossom will not be liable for any indirect, incidental, special or consequential damages, including service interruption, loss of data or information, computer or system damage whether or not Blossom has been informed of any such possible damages. This limitation is void where prohibited by law.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must immediately cease use of the Website. Blossom reserves the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole reasonable discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, BLOSSOM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Blossom makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Blossom makes no warranty regarding the quality of any products or services purchased or obtained through the Services or any third party site. No advice or information, whether oral or written, obtained from Blossom or through the Services, will create any express or implied warranty. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. Blossom makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services.
You agree not to do any of the following while using the Services:
- Modify, adapt, copy, alter, and make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any portion of the Services.
- Violate any applicable law or regulation, including, without limitation, privacy laws, export laws, and the Child Online Privacy Protection Act.
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
- Use the Website, Services or attempt to complete a transaction unless you are over thirteen years of age and are a legal resident of the United States.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted or information collected and stored on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against and agree to indemnify the Operator with respect to injuries or damage You sustain on such sites.
Notification of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe your copyright or that of another, please contact us.
Changes to Terms of Services
Blossom reserves the right to make changes to this Terms and Conditions of Use at any time. The use of information collected is subjected to the Terms and Conditions of Use that is effective at the time the information is used. If Blossom changes the way in which personal information is used; we will announce the changes to you via an email and website announcement; as well as when the changes will become effective. All users are bound by any changes to the Terms of Services when he or she uses the Services after such changes have been announced.
What personal information do we collect from the people that visit our website? When ordering or registering on our site, as appropriate, you may be asked to enter your email address, contact information or other details to help you with your online and ecommerce experience.
When do we collect information? We collect information from you when you register on our site or enter information on our site including email address, personal contact information including name, billing, address, shipping address, and credit card information when ordering online.
How do we use your information? Blossom collects the following information from our website visitors:
• Email address for email based communication. You can choose to opt in or unsubscribe at any point.
• Personally identifiable information such as name, billing address, shipping address and credit card number for ordering purposes. The only reason we collect your information is to process your order. To change or update your information, please contact us at any time.
• Additional information volunteered by you through survey information or additional registrations within our site
How do we protect visitor information? We are committed to keeping your personal information secure. Your personal information is contained behind secured networks with safeguards designed to protect your personal information from unauthorized access and disclosure. We implement a variety of security measures including a SSL certificate and secured server database when a user places an order to maintain the safety of your personal information. All transactions are processed through a gateway provider, Authorize.net, and are not stored or processed on our servers.
Third Party Disclosure: We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include website hosting partners and other parties who assist us in operating our website, credit card companies or others who assist us in processing orders, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when necessary to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. We do not include or offer third party products or services on our website with the exception of possible charity affiliations.
Children Online Privacy Protection Act: Our business and marketing is directed to and intended for users over the age of thirteen. Parents may process a transaction on behalf or someone under the age of thirteen. We will not accept credit card orders from someone under the age of eighteen.