Last updated: May 7, 2019
Welcome to Bloomy!
PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR APP AND OUR SERVICES, AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE SERVICES OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND AGREE THAT SUCH TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE SERVICES AND OUT APP.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE TERMS, AT ANY TIME WITHOUT NOTICE.
BLOOMY DOES NOT ACCEPT ANY USERS FROM THE COUNTRIES OR TERRITORIES WHERE BLOOMY’S ACTIVITY SHALL BE ESPECIALLY LICENSED, ACCREDITED OR REGULATED BY OTHER WAYS, OR WHERE ITS ACTIVITY IS LIMITED, PROHIBITED OR RESTRICTED.
YOU SHALL CHECK YOUR APPLICABLE LAW AND BE FULLY RESPONSIBLE FOR ANY NEGATIVE IMPACT ARISEN FROM YOUR RESIDENCE COUNTRY REGULATIONS.
IF YOU ARE TRAVELLING TO ANY OF THESE COUNTRIES AND TERRITORIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.
BLOOMY RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING THE CLIENTS RESIDING IN OR FROM SPECIFIC COUNTRIES IN ITS SOLE DISCRETION.
In the Terms, the following terms shall have the meaning set forth beside them:
“Affiliate” means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person;
“APP” means an application https://bloomyapp.com/ available for download through App Store (iTunes), Google Play or other application platforms authorized by Bloomy;
“Bloomy”, “we”, “us”, “our” or “the Company” means Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech, registered on July 19, 2018 under the number 07297408;
“Illegal or Immoral Purposes” means promoting, executing, or funding terrorist, defamatory, discriminatory, fascists or hatred ideologies, activities or groups, and any other activities which are illegal or considered as immoral under the applicable laws and regulations in the jurisdictions where the User or the Company and the Company’s Affiliates are located or provide services;
“Parties” means the parties of the Agreement;
“Prohibited Activity” includes (but not limited to) any product, service or business relating to gambling, pornography or obscene material, prostitution, alcohol, tobacco, illegal or prescription drugs, drug trafficking, controlled substances, money laundering, terrorism, homeland security or any other activity which is illegal or considered as immoral in the jurisdictions where the User or the Company and the Company’s Affiliates are located or provide services;
“Refund Policy” means the refund policy governing the procedure and conditions for refund;
“Restricted Jurisdictions” means the jurisdictions as may be designated by Bloomy from time to time;
"Services" means the services made available by Bloomy to users of the APP (primarily being an online mechanism for Users to find and communicate with other Users);
"Terms" means these terms and conditions of use;
"User", “your” or “you” means the person or persons, using the APP and/or using the Services via the APP;
"User’s Content" or “Content” means any and all information published by Users on the APP or sent by Users to other Users using the channels provided by Bloomy as part of the Services (including, but not limited: profiles, messages and photographs).
3.1. THE SERVICES AND ACCESS TO THEM
3.1.1. These are the entire Terms that apply to the use of any services provided in relation to the websites/applications including, but not limited to the use of our data collection and storage practices, downloadable material from our APP any information published on our APP (either by us or by any user), electronic content, real time information about the users, as applicable, content or services that we may add in the future.
3.1.2. Use of the Services is subject to these Terms. If you have any objections to the Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and any other legal notices and statements contained on the APP. Your use of the Services is governed by the version of the Terms in effect on the date each Service is used by you. You are responsible for checking this page on our APP periodically in order to review the current version of the Terms.
3.1.3. You must meet certain eligibility criteria to use our Services. By accessing or using Services, you represent and warrant that: (a) you are at least 18 years; (b) have not previously been suspended or removed from using our or our Affiliates’ Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this APP for any illegal activity, including for Illegal or Immoral Purposes and/or Prohibited Activity.
3.2. THE REGISTRATION AND ACCOUNT
3.2.1. In order to access and use our Services, it might be required to register for the Services as the User, complete the sign-up process and create an account (the “Account”) directly through our APP.
3.2.2. Creating your Account, you shall honestly choose the appropriate status as it is defined and you shall be at least 18 years.
3.2.3. We reserve the right to decline to provide the Services to any person or entity, to suspend, change or terminate the Services, at our sole discretion with or without reasons or prior notice.
3.2.4. We reserve the right to withdraw or amend Services or material we provide on the APP, in our sole discretion without notice. We will not be liable if for any reason all or any part of the APP is unavailable at any time or for any period. From time to time, we may restrict access to users to some parts of the APP, to certain Accounts or the whole of the APP, including registered users.
3.2.5. You are responsible for:
3.2.6. By accepting the Terms, you hereby represent and warrant to us that:
a) all information you have provided and will provide to us is true, complete, accurate and not misleading;
b) your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services, and not for Illegal or Immoral Purposes;
c) you shall not present the interests of people or entities which are residents at, or otherwise from, the Restricted Jurisdictions;
d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
e) you shall not use the Services in connection with any Prohibited Activity; and
f) you shall not use the APP for any Illegal or Immoral Purposes.
3.2.7. We reserve to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services or the APP, in the event that (i) when we reasonably suspect that you have breached any of the Terms, (ii) when we reasonably suspect fraudulent or illegal activities, or (iii) when the Terms have been terminated.
3.2.8. You are solely and wholly responsible for the security of your Account and the use of our Services. We urge you to keep your account password secure and to always log-off from the Services when leaving the device through which you accessed the Services unattended.
3.2.9. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Services.
3.2.10. You shall notify Bloomy about all breaches of these Terms that you become aware within the using of the Services.
3.3. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
3.3.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
3.3.2. Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities.
3.3.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
3.3.4. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
3.3.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
3.3.6. Develop any third-party applications that interact with our Services without our prior written consent;
3.3.7. Provide false, inaccurate, or misleading information;
3.3.8. Attempt to decompile the APP; or
3.3.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.4. UNAUTHORIZED ACTIVITIES
3.4.1. We ask that you respect our on-line community and other Users when posting Content and using the Services.
3.4.2. When submitting content to or otherwise using the Services, you agree not to:
3.4.3. The above-mentioned list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
3.4.4. We reserve the right to disclose any information that you or other users submit through the Services, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
3.5. NON-COMMERCIAL USE
3.5.1. The APP is for the personal use of individual Users only and may not be used in connection with any commercial endeavor. Organizations, companies, and/or businesses may not become the Users and shall not use the Services or the APP for any purpose.
3.5.2. Illegal and/or unauthorized uses of the APP, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, “scraping” content from the APP, unauthorized framing of or linking to the APP, or misrepresenting the origin, source or association of Bloomy’s Services and/or its content, may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Bloomy hereby grants the User a limited, non-exclusive, non-transferable license, without the right to sub-license, to access and utilize the Services and its content solely for its own purposes in accordance with common aim for such type of Services.
For the avoidance of doubt, the User may not:
a. use the Services or any of the User’s Content in the creation, structuring or provision of any financial instrument or investment product (each, a “Financial Product”);
b. present such Services or the User’s Content to any customers, potential investors or investors as part of any Financial Product; or
c. use such Services or the User’s Content directly in calculations required for the creation, structuring or provision of any Financial Product.
5. SERVICE FEES AND PAYMENT TERMS
5.1 Any person might become the User of the Services at no cost. As the User, you will have the ability to participate in all of the features and services available within the Services except for the ability to write messages to other users. In order to write messages to other users, you must purchase credits at the prices indicated on the APP. As a courtesy to our female members, all fees are waived for them.
5.2. Fees for our Services (the price for credits) may be changed from time to time.
6. REFUND POLICY
6.1. Generally, all charges for purchases and fees for our Services are nonrefundable, and there are no refunds on credits.
6.2. We assume that your situation might be exclusive and you might prove the necessity to have refund. If you consider it is your case, please follow the instructions:
(a) If you subscribed using your Apple ID, refunds are handled by Apple, not Bloomy. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”; or
(b) If you subscribed using your Google Play Store account, please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
6.3. Bloomy is not responsible for any decision in relation to your application on refund made by appropriate application platform (iTunes or Google Play).
7. ELECTRONIC NOTICES
7.1. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Bloomy provides in connection with your Account and/or use of the Services. You agree that Bloomy may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide (if applicable). Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support email email@example.com to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
7.2. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to above-mentioned support email. If you decline or withdraw consent to receive electronic Communications, Bloomy may suspend or terminate your use of the Services.
8. THIRD-PARTY, ITS SERVICES AND CONTENT
8.1. We have the right to conclude the contracts or have any other arrangements for the purpose to collaborate with third parties that assist us in attraction of new Users interested in our Services. Such third parties might receive the consideration or reimbursement for attracted Users and their contribution into the Services.
8.2. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The Company is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you.
8.3. We do not control or approve any third-party content and shall have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties that are linked to our Service, is at your own risk.
9. DISCLAIMER OF WARRANTIES
9.1. OUR SERVICES ARE PROVIDED ON A STRICTLY “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.
9.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
9.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
9.4. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the APP will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
9.5. You understand and agree that we are not obliged to keep all or part of the User’s Content and provide with uninterrupted access to such Content.
9.6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
9.7. YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
9.8. TO THE FULLEST EXTENT PROVIDED BY LAW, BLOOMY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
9.9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
10.1. You acknowledge and agree that there are risks associated with the Services provided through the APP as follows:
The list of risks is not limited by abovementioned and you shall be attentive and care despite the possible sense that you are not the person who might be a subject of mislead or fraud.
The Company is waived any responsibility or liability for Users’ interaction with fake or false Users of the Services.
BY USING THE APP AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
10.2. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BLOOMY AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLOOMY RECORDS, PROGRAMS OR SERVICES.
10.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. USERS’ CONTENT
When the User is using our Services, the is obliged no post, send or upload any Content which:
a) contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
b) is obscene, pornographic or otherwise may offend human dignity;
c) is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
d) encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
e) is defamatory;
f) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
g) involves the transmission of “junk” mail or “spam”;
h) impersonates a person, company or brand with the intent to deceive or confuse others;
i) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Bloomy or otherwise;
j) itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
k) shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
l) contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on, upload or send via our Services because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Bloomy and we may disable your account or block you from further use of Bloomy. We may remove any Content you submit to Bloomy if we believe it violates the Terms or we are required to do so by applicable law.
12. NO MARRIAGE AGENCY
12.1. Bloomy does not have status of marriage agency and does not provide with the services that the marriage agencies usually render in any jurisdiction.
12.2. Bloomy is not subject of regulation by the US International Marriage Broker Regulation Act of 2005 (IMBRA).
13. UNCLAIMED PROPERTY
We reserve the right to expire any unused credits expire 6 months (unless the credits are purchased through iTunes). If you delete your Account or if your Account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Bloomy or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Bloomy. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our APP if, in our opinion, your post does not comply with the content standards set out in this section.
15. IP RIGHTS
15.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on APP or provided in connection with the Services, including, without limitation, the Services and its entire contents, features, and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files, other files and the selection and arrangement thereof (collectively, " Materials") are the proprietary property of the Company or our Affiliates, licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
15.2. "Bloomy", the Company’s logo and any other Company’s product or service names, logos or slogans that may appear on our Services are trademark and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Services without our prior written permission, including without limitation any messages or other "hidden text" utilizing any trademark, product or service name of the Services. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
16.2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
17. SUSPENSION. TERMINATION
In the event of any Force Majeure Event (as defined in "Miscellaneous" Section 18), breach of this Terms, or any other event that would make provision of the Services commercially unreasonable for Bloomy, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and Content in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
Entire Agreement. Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Bloomy for the Services or for any other Bloomy product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Bloomy, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
APP’s Language. The official language of Bloomy and its appropriate Services is English. Bloomy has the right to add additional languages for some purposes. Despite this fact, English language remains official.
Terms’ Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications. In the course of such translation or communication some of the information contained herein may be lost, corrupted, or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
Third-Party Beneficiary. Bloomy and the User acknowledge and agree that Apple and Google Play, as well their subsidiaries, are third party beneficiaries of these Terms, and Apple and Google Play will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.
Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the law of the Czech Republic.
Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London (UK). The language to be used in the arbitral proceedings shall be English.