Terms & Conditions
Depending on the User’s residence BLOOMBEES means for the effects of these Terms & Conditions and BLOOMBEES’ Policies:
- BLOOMBEES, S.L., with registered address in Madrid (28001 Spain), c/ Serrano 20, 4º Izq., with Spanish Tax Id Nº B-87210175 if the User resides within a Member State of the European Union, of the European Economic Area or the Schengen Treaty.
- BLOOMBEES BUSINESS DMCC, with registered address in Dubai (UAE), Unit 3O-01-2814 Jewellery & Gemplex 3 Plot Nº DMCC-PH2-J&GPLexS and Registration Nº DMCC5514, for all other Users residing outside the European Union, the European Economic Area or the Schengen Area.
- For Users residing within the Russian Federation, BLOOMBEES has outsourced its Payout Services to the Russian entity BLOOMBEES OOO with registered in Moscow (119019 Russian Federation), Arbat 6/2, floor 4, area I, office 1, Russian Tax Id Nº 7704394562. This entity will manage by itself or via third-party providers the Payout services for Users requesting the withdraw in Rubles. For all other aspects concerning the current Agreement, residents in the Russian Federation have signed the current Agreement with BLOOMBEES BUSINESS DMCC.
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by linked here within the Site or Services. This Agreement applies to all Users of the Services, including without limitation Users who are Sellers, Buyers, customers, and merchants, contributors of content, information and other materials or Services. Accepting expressly BLOOMBEES Terms and Conditions is mandatory to complete the registration for both Sellers and Buyers, and to complete the purchase for unregistered Buyers during the checkout.
This Agreement is between the User and BLOOMBEES S.L. In addition, some services offered by BLOOMBEES may be subject to additional terms and conditions circulated by BLOOMBEES from time to time; the use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. You can find the information regarding the treatment of your personal data under Privacy & Communication’s Policy. If you have any questions, please refer to the Help section of the Site or contact Support under firstname.lastname@example.org
Password: Each User should keep their password secure. Users are fully responsible for all activity, liability and damage resulting from any failure to maintain password confidentiality. You agree to immediately notify BLOOMBEES of any unauthorized use of a password or any breach of security, and that You will not hold BLOOMBEES liable for any loss or damage arising from any failure to keep any password secure. BLOOMBEES will proceed to block that User account as soon as the notification of any unauthorized use of a password or any security breach is received
Account Information: Users must keep the account information up-to-date and accurate at all times, including a valid email address. To sell items on BLOOMBEES, Users must provide and maintain valid payment information.
Account Transfer: Users may not transfer or sell any BLOOMBEES account and/or User ID to another party. Users are responsible for all activity of the account and User ID. If a User is registering as a business entity, the User personally guarantees that the User has the authority to bind the entity to this Agreement.
Right to Refuse Service: BLOOMBEES’ services may not be available due to a temporarily or indefinitely suspension of BLOOMBEES User account. BLOOMBEES reserves the right, at its sole discretion, to block or cancel unconfirmed or inactive accounts. BLOOMBEES reserves the right to modify, terminate or refuse service to anyone, for any reason, at any time, without notice. Without limiting any other remedies, BLOOMBEES may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the BLOOMBEE’s platform(s) or its service (s).
1. BLOOMBEES IS A PLATFORM
BLOOMBEES acts as a platform to allow Users who have accepted and complies with BLOOMBEES' policies to offer, sell and buy certain goods within a fixed-purchase-price format. BLOOMBEES acts as an intermediary platform for online sales and purchases but not as a distributor of the goods listed on the platform and therefore has no control over the truth or accuracy of the listings, the quality, safety, morality or legality of any aspect of the goods / items listed in the platform by any of the registered Users, the ability of Sellers to sell items or the ability of Buyers to pay for items.
BLOOMBEES acts only as a third party in the collection and disbursement of payment, and consequently does not have the right or responsibility to transfer legal ownership of items from the Seller to the Buyer. It is a sole responsibility of the Seller to send the purchased item to the Buyer and of the Buyer to pay for the purchased items. BLOOMBEES is not responsible for the shipment or delivery of a purchased item under any circumstances. BLOOMBEES will not have contact at any time with the goods / items, and does not guarantee the Buyer that the goods are accurate in features and/or quality as per the description provided in the BLOOMBEES platform by the Seller. From the Buyer, BLOOMBEES collects the total purchase price of the products which shall include any shipping and applicable taxes pre-determined by the Seller. BLOOMBEES will proceed to transfer the purchase price less any applicable Commissions to the Seller after the Seller confirms the delivery of the order The Seller may confirm the delivery of the order in the Orders section of the mobile application or web application. BLOOMBEES reserves the right to request written proof of delivery at any time prior to releasing funds to a Seller.
BLOOMBEES encourages you to communicate directly with potential transaction partners through the tools available on the Site. BLOOMBEES cannot guarantee the identity, age, and nationality of a User.
The User agrees that BLOOMBEES shall not be responsible or liable for any content, in particular regarding data, text, information, Usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by a User or outside parties on BLOOMBEES. All the content posted on BLOOMBEES platform remains the property of the User. The User hereby guarantees that any content posted by the User is of its own property and do not infringe any third-party rights in particular related to Intellectual property rights and image rights. You use the BLOOMBEES service at your own risk.
The Refunds and Returns will be governed by BLOOMBEES Returns and Refund Policy. Generally, the Sellers will submit refund and returns request through BLOOMBEES platform, however, if the Users do not achieve resolution via Sellers directly, BLOOMBEES reserves the right to process the refunds to the Buyers and to make relevant deductions from Sellers balance. BLOOMBEES shall be entitled to adopt measures in order to ensure the compliance of the Seller with BLOOMBEES Minimum Refund Policy. BLOOMBEES will ensure that all valid chargebacks are satisfactorily resolved and the Buyer is compensated for all legitimate chargebacks.
Please make sure you read and keep updated on BLOOMBEES’ Returns and Refund Policy.
2. MEMBERSHIP ELIGIBILITY
BLOOMBEES’ Services are addressed and available only to, and may only be used by, individuals who are of a legal age and older who can form legally binding contracts under applicable law. You represent and warrant that you are of legal age and that all registration information you submit is accurate and truthful. BLOOMBEES may, in its sole discretion, refuse to grant access to or use of the Services to any person or entity without any objective justification and to change its eligibility criteria at any time without notice.
Individuals under the legal age must at all times use BLOOMBEES’ Services only in conjunction with and under the supervision of a parent or legal guardian who is of legal age. In all cases, the adult will be the User and will be responsible for any and all activities executed on/through BLOOMBEES platform by the relevant User account.
The User agrees to comply with all local laws regarding online conduct and acceptable content. Users are responsible for all applicable taxes. In addition, Users must abide by BLOOMBEES’ policies as stated in the Agreement and the BLOOMBEES policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BLOOMBEES, each of which is incorporated herein by reference and each of which may be updated by BLOOMBEES from time to time without notice to the User.
3. COMMISIONS & SERVICES; COMMISIONS & TERMINATION
3.1. Commissions & Services
Joining, setting up a Seller account, and selling on BLOOMBEES are subject to the BLOOMBEES Pricing, Commission & Payment Policy. The Pricing, Commission & Payment Policy, which is subject to changes at any time, is incorporated into this Agreement by reference only.
Changes to the Pricing, Commission & Payment Policy are effective after BLOOMBEES by posting the changes on the Site. BLOOMBEES may choose to temporarily change the Pricing, Commission & Payment Policy and the Commissions for BLOOMBEES’ Services for promotional events; such changes are effective when BLOOMBEES posts the temporary promotional event on the Site and during the validity of said events.
Please make sure to keep updated on the applicable Pricing, Commission & Payment Policy by visiting regularly BLOOMBEES’ Website.
In certain situations, including but not limited to a void or invalid transaction, BLOOMBEES may issue a credit for the applicable Commissions to a Seller's billing statement.
The User is responsible for paying all Commissions and applicable taxes associated with using BLOOMBEES. For the avoidance of doubt, BLOOMBEES cannot accept any responsibility or liability for any taxes, duties, customs Commissions, or related costs associated with any transaction completed using BLOOMBEES Services.
The Seller must comply with all applicable tax law and duty law. The Seller shall be solely liable for any tax liabilities, including without limitation, any penalties or interest. All references to "tax" or "taxes" in this Agreement shall mean all taxes and Commissions, including without limitation, sales, use and surcharge taxes, import or export duties, and all related ancillary taxes and Commissions, including without limitation, electronic waste recycling Commissions.
As between the parties, the Seller will be responsible for the collection, reporting and payment of any and all of the Seller’s Taxes. All Commissions payable by Seller to BLOOMBEES under this Agreement are exclusive of any applicable taxes, and the Buyer will be responsible for paying BLOOMBEES any of taxes imposed on such Commissions.
Except as otherwise provided in this Agreement, you agree that BLOOMBEES is not obligated to determine whether taxes apply or not to the transaction, and BLOOMBEES will not be responsible to collect, report or remit any taxes arising from any transaction. However, if a taxing authority requires BLOOMBEES to pay any of a User’s tax, the User will promptly reimburse BLOOMBEES for the amounts paid. If the product is shipped from outside Buyer’s country, the Buyer of the product may be required to pay, upon delivery, an amount related to assessed sales, goods and services, use, excise, import, value added or other taxes or duties such as customs rights, to the tax authorities of the country of delivery. Such taxes or duties, if any, are in addition to the Commissions collected or processed by BLOOMBEES.
BLOOMBEES will deduct its Commissions over the purchase price at the time of the transaction as outlined in BLOOMBEES’ Payment and Billing Policy. If there are any outstanding amounts owed to BLOOMBEES, they will be deducted from the Seller’s balance or if there is no balance then BLOOMBEES will send an invoice to the Seller’s email address on file detailing the amount due for the prior month’s Commissions and charges. The Seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
3.2. Commissions and Termination
If BLOOMBEES terminates your account, if you close your account, or if the payment of your BLOOMBEES Commissions cannot be completed for any reason, you remain obligated to pay BLOOMBEES for all unpaid Commissions plus any penalties, taxes, and interest, if applicable. If the Seller's account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact BLOOMBEES Help/Support under email@example.com.
4. LISTING & SELLINGg
4.1. Listing Description
All listings on BLOOMBEES must be for sale. By listing an item on the Site, the Seller warrants that the Seller and all aspects of the item comply with BLOOMBEES published policies. The Seller also warrants that the Seller may legally sell the item. The Seller must accurately describe the item and all terms of sale when using BLOOMBEES Services. The Seller’s listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
4.2. Seller Policies
All Sellers need to clearly outline their Policies. These policies need to be reasonable, made in good faith, and should include, for example, tax, shipping, returns, payment and selling policies. The Seller must comply with its Policy. Such Policies shall also need to reflect BLOOMBEES Minimum Standard and relevant Policies. The failure to reach the minimum standards would be considered a breach of this agreement and BLOOMBEES would be entitled to terminate this agreement immediately.
4.3. Minimum Refund Policy
All Sellers need to provide a minimum of 14 days for Buyers to exercise the right of withdrawal. That should be calculated from the date of receipt of the product and may be substantiated by Buyers’ receipt signature or delivery company confirmation (ex. Gr., providing a POD - Proof of Delivery document). The Minimum Standard is described in detail in BLOOMBEES’ Returns and Refund Policy. User’s Refunds Policies that exceed BLOOMBEES’ Minimum Refund Policy are sole responsibility of the User and BLOOMBEES will not take responsibility for them.
4.4. Binding Sale
Sellers are responsible for accurately listing their items and Buyers are responsible for reading the description of items before making a purchase. All sales are binding. The Seller is obliged to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (for example: payment rejection, or not meeting the minimum age requirement), or (b) the Seller cannot ship a product to a particular country. The Buyer is obliged to deliver appropriate payment for items purchased.
5. PROHIBITED ITEMS & ACTIVITIES
5.1. BLOOMBEES generally prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level, as well as against good customs and practices. The following list of examples of items and activities that are prohibited on BLOOMBEES is purely indicative and not intended to be exhaustive:
- Item is perishable.
- Living animals.
- Blood, bodily fluids and body parts.
- Burglary tools.
- Controlled chemical substances (such as cadmium, mercury, acids).
- Databases containing personal data.
- Electronic surveillance equipment.
- Embargoed goods.
- Government, official and transit uniforms, IDs and licenses, as well as police and other security forces badges and uniforms.
- All types of services.
- All types of illegal services and products.
- Hacking tools.
- Hazardous materials.
- Fireworks, destructive devices and explosives.
- Identity documents, personal financial records and personal information (in any form, including mailing lists) .
- Lottery tickets, sweepstakes entries and slot machines.
- All type of offensive material.
- Pictures or images that contain frontal nudity.
- Prescription Drugs, medicines, supplements and Devices.
- Recalled items.
- Stocks and other securities.
- Stolen property.
- Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons).
- False, inaccurate or misleading pictures or postings.
- Sell any illegal item, service or substance, including but not limited to narcotics, prostitution, arms, etc.
- Violate any anti-money laundering, or anti-terrorism laws.
- Be fraudulent or involve the sale of counterfeit or stolen items.
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, BLOOMBEES’ Trademarks, Copyright & IP Policy).
- Violate this Agreement, any other site policy or guideline, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Involve any countries, entities, individuals or items prohibited by sanctions, embargos, regulations or orders as administered by the government agencies relevant to the User’s jurisdiction.
- Contain items that have been identified as hazardous to consumers or subject to a recall.
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BLOOMBEES staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for instance, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
- Interfere with any other Seller’s business or Seller.
- Take any action that may undermine online reviews or Feedback.
- Be obscene, illegal, racist, or contain any kind of pornography, including child pornography.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Host images not part of a listing.
- Modify, adapt or hack BLOOMBEES or modify another Site so as to falsely imply that it is associated with BLOOMBEES.
- Appear to create liability for BLOOMBEES or cause BLOOMBEES to lose (in whole or in part) the services of BLOOMBEES’ ISPs or other suppliers.
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy & Communications Policy, BLOOMBEES Sellers and Buyers Policy or other policy documents as posted on BLOOMBEES.
- Those considered as dangerous goods by international transportations entities and included into DGR, ADR, IMDG or any other regulation.
- Furthermore, you may not list any item on BLOOMBEES (or consummate any transaction that was initiated using BLOOMBEES’ service) that, by paying to BLOOMBEES the Commission, could cause BLOOMBEES to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement. In this regard, please note that shipping companies may have additional restrictions or require specific procedures for the transport of items posted.
5.2. You are solely responsible for your conduct and activities when using BLOOMBEES Services and any and all data, text, information, Usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on BLOOMBEES.
5.3. All the listed items shall at all times be res intra commercium that can be lawfully commercialized in the home state of the Seller and the Buyer. Please note that additional restrictions may apply for certain territories and/or a lawfully posted item for one territory may not be commercialized in other territories. It is the User’s sole responsibility to comply with all legal obligations and conditions regardless of both origin and destination country of the sales. The User will hold BLOOMBEES harmless from and/or against any loss, claim or suit resulting from any such violation.
6. CONTENT & LICENSE
BLOOMBEES does not own nor claim ownership rights to User Content. Users grant BLOOMBEES a license solely to enable BLOOMBEES to use any information or Content a User supplies BLOOMBEES with, so that BLOOMBEES is not violating any rights a User might have in relation to that Content. “The User grants BLOOMBEES a non-exclusive, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise (including Content publication and republication) the copyright, publicity, and database rights the User has in the Content, in any media now known or not currently known, with respect to the Content.” The User agrees to allow BLOOMBEES to store, translate, or re-format its Content on BLOOMBEES and display Users Content on BLOOMBEES in any way BLOOMBEES chooses. The User also agrees to BLOOMBEES using the content or any part thereof for marketing on channels including social networks. BLOOMBEES will only use personal information in accordance with BLOOMBEES' Privacy & Communications Policy.
As part of a transaction, a User may obtain personal information, including an email address and shipping information, from another BLOOMBEES User. For the avoidance of doubt BLOOMBEES Users expressly authorize BLOOMBEES to share any required personal information with other BLOOMBEES Users in order to process a transaction and shall hold BLOOMBEES harmless of any claim resulting from the use of such information by another User. This personal information shall only be used for that transaction or for BLOOMBEES-related communications and not for unsolicited commercial messages or unauthorized transactions. For more information, see BLOOMBEES' Privacy & Communications Policy.
6.2. Re-Posting Content
By posting Content on BLOOMBEES, it is possible for BLOOMBEES, an outside website, or any third party to re-post that Content. The User agrees to hold BLOOMBEES harmless for any dispute concerning this use. If the User chooses to display a BLOOMBEES-hosted image on another website, the image must provide a link back to the corresponding listing page on BLOOMBEES.
6.3. Content Rights
BLOOMBEES considers any Content, including images, text, video, audio, unsolicited suggestions, ideas, proposals or other material submitted to BLOOMBEES by Users via the Site, mobile applications, or otherwise (other than the tangible items sold on the Site by Users) (collectively, the "Content") to be non-confidential and nonproprietary, and BLOOMBEES shall not be liable for the disclosure or use of such Content. The User hereby grants BLOOMBEES, under all of its rights in the Content, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Content for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into the API, documentation, promotions, or any product or service, without compensation or accounting to the User and without further recourse by the User.
7. CONTENT CONTROL
7.1. Control over content
BLOOMBEES does not control the Content provided by Users that is made available on BLOOMBEES. Users may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Users shall report offensive materials to BLOOMBEES Help Center under firstname.lastname@example.org.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using BLOOMBEES, the User agrees to accept such risks and that BLOOMBEES (and BLOOMBEES' officers, directors, agents, subsidiaries, joint ventures, shareholders, and employees) will not be responsible for any and all acts or omissions of Users on BLOOMBEES. Please use caution, common sense, and practice safe buying and selling when using BLOOMBEES.
7.2. Other Resources
BLOOMBEES is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BLOOMBEES does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that BLOOMBEES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. RESOLUTION OF DISPUTES & RELEASE
8.1. Disputes between BLOOMBEES and Sellers
In the event of any dispute between BLOOMBEES and a Seller arising out or in connection to this agreement, the aforementioned parties hereby agree to submit all the disputes regarding its formation, existence, validity, enforceability, interpretation, performance, breach or termination to the Courts of the City of Madrid (Spain), being said issues subject to the Spanish legislation in force at any time.
The User and BLOOMBEES agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within 180 days from the day the cause of action arose; otherwise, such cause of action is permanently barred.
8.2. Disputes between BLOOMBEES and Buyers
In the event of any disputes between BLOOMBEES and a Buyer, the Parties hereby irrevocably waive their own forum of jurisdiction and any other forum of jurisdiction that may correspond to them by law, and expressly agree to submit all their disputes to the exclusive competence of the Courts of the City of Madrid (Spain), being said issues subject to the Spanish legislation in force at any time.
8.3. Disputes between Sellers and Buyers
In the event of any disputes between a Seller and a Buyer, the Parties hereby waive their forum of jurisdiction and any other forum of jurisdiction that may correspond to them by law, and expressly agree to submit all their disputes to the exclusive competence of the Courts of the City of Madrid (Spain), being said issues subject to the Spanish legislation in force at any time.
8.4. Disputes between Users and/or third parties
In the event a dispute arises between two Users or a User and a third party, BLOOMBEES encourages you to contact the User or third party to resolve the dispute amicably. BLOOMBEES has no obligation to resolve disputes between Users and/or outside parties. However, BLOOMBEES will provide best faith support to assisting Users in resolving such disputes.
The User releases BLOOMBEES (and BLOOMBEES’ officers, directors, agents, subsidiaries, joint ventures, shareholders, contractors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more Users, or an outside party.
8.5. Residents in the United States
All Users and/or third parties using BLOOMBEES’ Services in any way that are resident in the United States agree with BLOOMBEES that any dispute, claim or controversy arising out of or relating to these Terms and Conditions, as well as the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and BLOOMBEES are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and BLOOMBEES otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms and Conditions.
9. BLOOMBEES' INTELLECTUAL PROPERTY
BLOOMBEES, and other BLOOMBEES graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress exclusively owned by BLOOMBEES. BLOOMBEES’ trademarks and trade dress may not be used at any time unless prior written consent has been given by BLOOMBEES, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
For further information about use of BLOOMBEES’ intellectual property, please refer to our Trademarks, Copyright & IP Policy.
10. ACCESS & INTERFERENCE
BLOOMBEES may contain robot exclusion headers which contain internal rules for software usage. Much of the information on BLOOMBEES is updated on a real-time basis and is proprietary or is licensed to BLOOMBEES by BLOOMBEES’ Users or third-parties. User agrees that it will not use any robot, spider, scraper or other automated means to access BLOOMBEES for any purpose whatsoever without BLOOMBEES’ prior express written permission. Additionally, User agrees that User will not:
- Take any action that imposes, or may impose, in BLOOMBEES’ sole discretion, an unreasonable or disproportionately large load on BLOOMBEES’ infrastructure.
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any User Content (except for your Content) or other allowed uses as set out in BLOOMBEES policies from the Site except to the extent expressly permitted by BLOOMBEES.
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
- Bypass BLOOMBEES’ robot exclusion headers or other measures BLOOMBEES may use to prevent or restrict access to BLOOMBEES.
Without limiting any other remedies, BLOOMBEES may, without notice, and without refunding any Commissions, (i) delay or immediately remove Content; (ii) warn BLOOMBEES’ community of a User's actions; (iii) issue a warning to a User; (iv) temporarily suspend a User; (v) temporarily or indefinitely suspend a User's account privileges; (vi) temporarily or indefinitely terminate a User's account; (vii) prohibit access to the Site; (viii) take technical and legal steps to keep a User off the Site and refuse to provide services to a User, if any of the following apply:
- If BLOOMBEES suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a User has breached this Agreement, the Privacy & Communication Policy, or other policy documents and community guidelines incorporated herein;
- If BLOOMBEES is unable to verify or authenticate any of your personal information;
- If BLOOMBEES believes that a User is acting inconsistently with the letter or spirit of BLOOMBEES’ policies, has engaged in improper or fraudulent activity in connection with BLOOMBEES or the actions may cause legal liability or financial loss to BLOOMBEES’ Users or to BLOOMBEES.
BLOOMBEES reserves the right to suspend and/or terminate a User's account or any accounts held by that User by virtue of association on other platforms or services, including all Usernames under which that User operates on BLOOMBEES.
Except as provided in BLOOMBEES' Privacy & Communications Policy BLOOMBEES will not sell or disclose Users personal information third parties without Users explicit consent. BLOOMBEES stores and processes Content on computers that are protected by the highest standards of physical and technological security.
13. NO WARRANTY
BLOOMBEES, BLOOMBEES’ subsidiaries, officers, directors, shareholders, contractors, employees, and BLOOMBEES’ suppliers provide BLOOMBEES’ site and services "as is" and without any warranty or condition, express, implied or statutory.
BLOOMBEES, BLOOMBEES’ subsidiaries, officers, directors, shareholders, contractors, employees and BLOOMBEES’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.
In addition, no advice or information (oral or written) obtained by a User from BLOOMBEES shall create any warranty.
Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to the User. this warranty gives the User specific legal rights and the User may also have other legal rights that vary from country to country.
14. LIABLITY LIMITATION
In no event shall BLOOMBEES, and (as applicable) BLOOMBEES’ subsidiaries, officers, directors, shareholders, contractors, employees or BLOOMBEES’ suppliers 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 a User or anyone else in connection with the use of the site, BLOOMBEES services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
BLOOMBEES’ liability, and (as applicable) the liability of BLOOMBEES’ subsidiaries, officers, directors, shareholders, contractors, employees, and suppliers, to a User or any third parties in any circumstance is limited to the greater of the amount of Commissions User pays to BLOOMBEES in the 12 months prior to the action giving rise to liability. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the User depending on its location.
User agrees to indemnify and hold BLOOMBEES and (as applicable) BLOOMBEES’ parent, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' Commissions, made by any third party due to or arising out of a User breach of this agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.
16. NO ACCESS NOR FUNCTIONING GUARANTEE
BLOOMBEES does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BLOOMBEES’ control.
17. LEGAL & TAX COMPLIANCE
The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and any BLOOMBEES service and, if applicable, the User’s listing, purchase, solicitation of offers to purchase, and sale of items.
In addition, the User shall be responsible for paying any and all taxes applicable to any purchases or sales of items the User makes using the Services (excluding any taxes on BLOOMBEES’ net income) .
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. NO AGENCY
The User and BLOOMBEES are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. BLOOMBEES' SERVICE
BLOOMBEES shall be entitled to update said Policies at any moment in time. It is therefore the User’s obligation to access BLOOMBEES Website periodically to stay up to date.
If BLOOMBEES makes a material change BLOOMBEES will notify the User here, by email, by means of a notice on our homepage, or other places BLOOMBEES deems appropriate. What constitutes a "material change" will be determined at BLOOMBEES’ sole discretion, in good faith, using common sense and reasonable judgment. The User shall accept the new terms and conditions, if not, the User will be entitled to terminate this agreement. If the Users do not oppose to this changes o do not exercise their right to terminate the agreement, it will be understood that the Users expressly agree to be bound by those new Terms and Conditions. In the event BLOOMBEES introduces a new service, the Commissions for that service are effective at the launch of the service.
21. CHOICE OF LAW & JURISDICTION
The parties to this agreement expressly agree that the present terms and conditions shall in all respect be interpreted and construed in accordance with the laws of Spain. The Parties, expressly waiving any jurisdiction that may correspond to them, will submit any issue arising from the use of the Services and Bloombees platform and/or the interpretation of these Terms and Conditions to the Courts of the city of Madrid (Spain), except in those cases where other jurisdiction is legally mandatory.
The following sections shall survive any termination or expiration of this Agreement for three years after the termination of the agreement:
- Section 3 - Commissions & Services; Commissions & Termination
- Section 6 - Content & License
- Section 7 - Content Control
- Section 8 - Resolution of Dispute and Responsability Release
- Section 9 - BLOOMBEES’ Intellectual Property
- Section 10 - Access and Interference
- Section 11 - Breach
- Section 12 - Privacy
- Section 13 - No Warranty
- Section 14 - Liability Limitation
- Section 15 - Indemnity
- Section 16 - No Access nor Proper Functioning Guarantee
- Section 17 - Legal & Tax Compliance
- Section 18 - Severability
- Section 19 - No Agency
- Section 21 - Choice of Law
- Section 22 - Survival
Except as explicitly stated otherwise, any notices shall be given by email to BLOOMBEES; Attn: email@example.com (in the case of BLOOMBEES) or, in BLOOMBEES’ case, to the email address the User provides to BLOOMBEES (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BLOOMBEES may give the User notice by certified mail, postage prepaid and return receipt requested, to the address provided to BLOOMBEES. In such case, notice shall be deemed given three days after the date of mailing.