Last Modified: January 21, 2022
The following are the terms and conditions (the “Terms of Use”) of a legal agreement
between you and
Blossm Media, LLC and its subsidiaries and affiliates (“Blossm,” “we,” “our,” or “us”). By accessing,
browsing, or using the Blossm website located at
YOU AGREE THAT BY USING OUR WEBSITE OR SERVICES, YOU ARE AT LEAST 18 YEARS OF
AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. The Website provides a platform that connects and enables the buying and selling of various promotions
on the social media accounts of participating social media influencers (the
“Influencers”), where advertisers
(the “Advertisers”) can quickly buy promotional spots from the Influencers (e.g., the
posting of Advertiser
information or content on the Influencers’ social media accounts to help build the Advertiser’s social
media
following) (the “Spot” or “Spots”) for a predetermined fee.
Influencers may publish their availability to offer
Spots, including proposed pricing on the Website, and Advertisers may access the selection of
participating
Influencers, including their services and prices, and request to purchase such Spots on the Website
(collectively, the “Services”). Please note, an Influencer may refuse a Spot request if
it conflicts with the
Influencer’s content policy, in the Influencer’s sole discretion.
In connection with your access or use of the Services, you shall not:
Description of the Services
Acceptable Use of the Services
Additionally, and without limiting in any way the foregoing, you acknowledge and agree that, as an
Influencer you will not offer any Promo, and as an Advertiser you will not purchase or request any Promo,
which includes or refers to any of the following:
This list is not exclusive, and we may, at any time, prohibit any type of Promo that we determine, in our sole
and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or
part of the Website and the Services at any time, with or without notice, for engaging in any inappropriate
activity.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Our intellectual property includes content included on Website and Services, including but not limited to information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other such material. You shall not use Blossm trademarks, logos, or service or product names, without our prior express authorization to do so in writing.
In order to use the Services and communicate with Influencers and/or Advertisers, you are required to register for an account and provide us with certain information, including personal information. By registering for an account, you agree that all of your registration information will be legal, accurate, current, and complete, and your account will only be used by you or others who you have provided the necessary consent to do same. You are responsible for the confidentiality of your account information, including your username and password. Any use of the Services made through your account is your sole responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. You may cancel your account any time by deleting your account on the Website. We, in our sole discretion, may cancel your account for any reason and without notice.
The Website and Services contain information, including descriptions of promotions and pricing, text, photographs, videos, and other materials (collectively, the “Materials”) that are provided for your convenience and enjoyment. You agree and understand that the Materials might contain errors, omissions, inaccuracies, and outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, or reliability of any Materials and will not be liable for any lack of the foregoing. If an Advertiser is provided with an incorrectly described Service, it may be possible for a credit refund. For more information on refunds, please see the Refunds section of this Agreement.
All payments for Services purchased by Advertisers through the Website are made through a third-party payment processor. As such, the third-party payment processor’s terms and conditions, privacy policy, etc., will apply, and it is the Advertiser’s responsibility to read any such terms or policies. We will not process any order until the third-party payment processor notifies us that the full payment has been received. All payment issues with such third-party payment processors, such as but not limited to, denials, or holds on an account is the Advertiser’s sole responsibility. We, in our sole discretion, may cancel or put a hold on any purchase for any reason including, but not limited to, out-of-date services, mispriced services, or suspected fraudulent purchases.
We, in our sole discretion, upon request, may grant Advertisers a credit refund (i.e., an amount credited to the Advertiser’s account that may only be used on the Website), solely in connection with the receipt of incorrect or incorrectly described Services. Such requests must be emailed to us at [email protected] within 30 days of the purchase date, from the email used to purchase such Services, and must include all relevant information about the purchase. If the information provided is unverifiable or deficient, we may be unable to complete any such requests.
To the extent that you access and utilize the Website as an Influencer, you expressly agree that:
The term of this Agreement will begin upon your acceptance and will continue in effect until terminated. We reserve the right to terminate this Agreement at any time with or without written notice to you. If we become aware of any potential violations by you in your use of the Services, or any other provision of this Agreement, we reserve the right to investigate such violations, and may, at our sole discretion, terminate or suspend your use of the Services without prior notice to you. You may terminate this Agreement by deleting your account. All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choice of law and forum, and intellectual property protections).
We expressly reserve the right to modify, suspend, or discontinue the Services or any parts thereof at our sole discretion at any time. We expressly reserve the right to make changes to this Agreement at any time. Your continued use of the Website after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Website immediately.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE SERVICES OFFERED FOR SALE ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE WEBSITE AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE WEBSITE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES,” “WORMS,” “BUGS,” DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us, our affiliates, directors, officers, employees, and agents from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorneys’ fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Website or Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of the participating Influencers, Advertisers, vendors, or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of or connected with disputes between you and third parties in connection with the Services.
You agree that any dispute, claim, or controversy arising out of or related to this Agreement, or our Privacy Policy, Website, or Services shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), rather than in a court of law. You agree that you are knowingly and voluntarily giving up your right to a trial and have your dispute heard by a judge or jury in a court of law. Any such dispute, claim, or controversy shall be arbitrated on an individual basis and shall not be joined or consolidated with a claim of any other party or class. You agree that the arbitrator’s decision shall be controlled by this Agreement and any other agreement that you have with us. You agree that the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be administered by the AAA, pursuant to the rules of the AAA. For more information on the rules, procedures, and fees of the AAA, please visit their website at www.adr.org. The foregoing shall not preclude Blossm from seeking any injunctive or other equitable relief in State or Federal court for protection of intellectual property rights. This Agreement, including binding arbitration, will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof. If any dispute, controversy, or claims cannot be resolved in arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Miami-Dade County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts. We recognize that the courts of some countries do not apply the laws of Florida, USA to certain disputes. If you reside in one of these countries where Florida law is excluded from being applied, your country’s law will then apply to such disputes related to this Agreement. Similarly, if the courts in your country do not permit you to consent to the jurisdiction and venue of Miami-Dade County, Florida, USA, then your local jurisdiction and venue will apply to such disputes related to this Agreement. Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
This Agreement sets forth the entire agreement between you and Blossm regarding the use of the Website and Services. You agree that there are no representations or obligations regarding your use of the Website and Services other than those reflected in this Agreement, and that you are not relying on any representations or obligations regarding your use other than those reflected in this Agreement.
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, riots, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
By accessing or using the Website, you agree that you have read our Privacy Policy available at www.blossm.com/privacy, that you understand our Privacy Policy, and that you consent to the collection of data and other information under the terms of our Privacy Policy.