T E R M S + P R I V A C Y
B L O O M A I R E ® T E R M S O F U S E
Effective as of February 25, 2019
Right to Use
Your use of the Site and any services offered thereon is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion.
By visiting and/or using the Site, you agree that you are a resident of an Authorized Jurisdiction and be at least 18 years of age. By using the Site, you hereby affirmatively represent that you are at least 18 years of age and that you have read, understood, and agree to be bound by this Agreement. If you are not at least 18 years of age or you do not agree to all the terms and conditions of this Agreement, you may not use the Services. Anyone under the age of 13 is not permitted to use the Site. If we determine that any user is under the age of 13, and we will immediately suspend that user’s account or if possible, access to the Site, and it will be the user’s responsibility to provide proof of age to continue use of the Service. You agree to indemnify, release, and hold harmless BLOOMAIRE® if your Minor Child breaches or disaffirms any term or condition of these Terms. Any Minor Child who uses the Service as authorized by you is considered “you” or “your” as defined under these Terms.
Site and Services Availability
Though we strive to bring you a seamless experience, BLOOMAIRE® does not have control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While we take every reasonable action to make sure that the Site remains fully functional and up to date, there may come a time where the Site or its services are unavailable, for any reason or no reason, including for routine maintenance. There may or may not be any prior notice of such unavailability or scheduled maintenance. Due to circumstances either in our control or not in our control, access to the Site and its services may be interrupted, suspended, or terminated. We retain the right, in our sole discretion, to deny access to part or all of the Site to anyone, at any time and for any reason.
You acknowledge that BLOOMAIRE® owns all of the content that appears on the Site, including all graphics, text, audio and video, subject to copyright protections and/or other intellectual property rights or licenses held by us. This includes all right title and interest in any works of authorship, designations, designs, know-how, ideas, information made or conceived, including any patent rights, whether or not patentable. We also own certain rights in and to our product designs and advertising materials, and their reproductions, further versions, revisions, and/or derivative works (all of the preceding collectively, “Intellectual Property”). Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to BLOOMAIRE®, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
You are not permitted to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not so intended to be read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Intellectual Property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. You agree not to create a false identity or provide any false information to BLOOMAIRE®.
Terms of Subscription
Communication Preferences and Consent
BLOOMAIRE® and its services are available to you over the Internet, and we may communicate with you or provide you with important information by electronic mail or other electronic form using the contact information you have provided to us, as well as postal mail and via general site notifications. You hereby consent to receiving such notifications in electronic form, and agree that all terms, conditions, agreements, notices, disclosures and other communications provided to you by electronic means satisfy any legal requirement that such communications would satisfy if they were in hard copy. You may always opt out of our communications with you by choosing to unsubscribe or by cessation of use of the Site.
Availability of Product and Customer Satisfaction
BLOOMAIRE® provides quality, beautiful products that are affordable to our customers. We will use our best efforts to accurately represent all of our products that are available for purchase. However, as a natural consequence of photo angling, lighting or product popularity, variations in color, size, shape and look may occur, and certain styles may not be available until further notice. Due to the handmade nature of the product, there may be size variance in by a plus or minus variance of up to 1/2 an inch in width or height. The fabrics and patterns are dyed or printed so they may slightly vary from what is shown on the site. We reserve the right to discontinue or edit the product without notice at any time. You will be charged at the time of your purchase. Product availability on the Site is not guaranteed. If you are not satisfied your purchase, please review our Returns section for additional information. We reserve the right to refuse service to anyone for any reason at any time.
BLOOMAIRE® is a young and growing company, and part of providing the best service to our customers includes receiving, responding to, and/or implementing user feedback. We welcome your comments, feedback, suggestions, ideas, and other submissions (collectively, “Feedback”); however, any Feedback disclosed, submitted or offered to us on or by this Site shall be and remain the property of BLOOMAIRE®. You agree to assign any and all property rights and interests to us and agree to allow our company unlimited use, commercial or otherwise, of any Feedback. Please note, there is no expectation of privacy in any Feedback submitted to us, and we shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate you or any user for any Feedback, whether or not implemented; or (3) to respond to any of your Feedback. Without limiting any of the foregoing, in the enforcement of this policy, we will maintain the standard levels of data privacy protection as required by any applicable laws.
Additionally, BLOOMAIRE® shall have no liability to you or any other user in connection with any content submitted to, transmitted via, displayed or posted on this Site, regardless of whether provided by you or any other party. If you believe that information about you has been incorrectly submitted or submitted without your authorization, please contact us at firstname.lastname@example.org.
Third Party Links
BLOOMAIRE® is all about its community, and sometimes that may mean we will include or promote our trusted partners and their services through our Site; those services are provided by outside third parties. BLOOMAIRE® does not have any control over the other websites or services that we may link to, their security, or any of the networks that you use to access those third-party providers. BLOOMAIRE® is not, and cannot, be responsible for the content, privacy practices, or usage policies of such websites or the companies that own them. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties or any problems in their services. Links to third-party content located on our Site are provided only for your education and convenience and you access them at your own risk. You expressly relieve us of any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Site or any of our services.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. We do not make any warranty or guarantee for products of any third party.
Disclaimer of Warranties and No Guarantee
All content and services on this site are provided on an "as is" basis with no warranty of any kind. To the maximum extent permitted by law, BLOOMAIRE® disclaims all representations and warranties, express or implied, with respect to such content, whether provided or owned BLOOMAIRE® or by any third party, including but not limited to: warranties of merchantability, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, BLOOMAIRE® does not represent or warrant that the content accessible via this site is accurate, complete, or current, and you may not rely on the content accessible via this site.
Indemnity and Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall intimates online, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the site, including but not limited to any: (i) errors, mistakes, or inaccuracies with regard to the content contained on this site; (ii) any unauthorized access to or use of the site or our secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the site, regardless of the cause of the interruption or cessation; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not any party was advised of the possibility of such damages.
Jurisdiction/Disputes/Choice of Law
This agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the state of California, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the state of California for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this agreement shall be with any federal, state, or county court located in the greater Los Angeles county, California. In the event of a dispute between you and BLOOMAIRE®, each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
Modification and Termination
Affirmation of Agreement
Thank you for thoroughly reading this Agreement. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Terms herein.
Effective as of February 25, 2019
The Information We Collect
“Personal Information” is information that can be used to identify, locate, or contact an individual. It also includes other data that may be associated with Personal Information. When you sign up for our mailing lists or make purchases through our Site, we may collect the following types of Personal Information:
“Personally Identifying Information,” such as: Contact information that allows us to communicate with you, such as your name, email address(es), telephone numbers, or other addresses at which you receive communications from, on behalf of or through BLOOMAIRE®.
“Non-Identifying Information,” such as: Information that helps us to understand who you are and what types of offers you might like. This includes location information related to your state/province, city, or neighborhood; items of interest, the types of third-party services you use, and targeted recommendations; and demographic information (e.g., birth date, age). All of this information will be aggregated for data analysis and separated from any of your Identifying Information.
Transaction information about how you interact with our Site, such as the pages or items sections you view, how long and when you view them, the type of browser that you view them from, and how you interact with the Site generally.
These are only examples of information that we may collect, not an exhaustive list.
How We Use the Information About You
We will never display or sell your Personally Identifying Information to any third parties.
In order to provide certain site functions through BLOOMAIRE®, such as connectivity to your payment provider of choice, we may use third-party agents to process, route or store your information, or to communicate with you. These third-party agents will act on your behalf in order to access and transmit your personal financial information when making purchases through our Site.
BLOOMAIRE® may collect, in the aggregate, Non-Identifying Information that we may provide to certain third-party companies as part of market research. We will never share any Personally Identifying Information as part of that data, nor will we share it with any other users, companies, or advertisers. All aggregate data provided to these third-party companies will contain only gender information, age ranges, and the collective activity data of those groups.
Use of Your Email Address
Please note that we will never ask for any Personally Identifying Information by email. You should immediately report any emails you may receive that ask for any Personal Information, whether or not it is Personally Identifying Information, and appear as though they are coming from or promote BLOOMAIRE®.
Information You Provide to Third Parties
Cookies and Related Technologies
To provide a smooth and easy experience when you use our Site, we may use technologies such as cookies, pixel tags, server logs, and other similar technologies to automatically collect and store information. As you use our Site and the services therein, your devices communicate with servers operated by us and by our service providers to coordinate the interactivity and fulfill your requests for services and information.
For example, when you make purchases on our Site, we may place cookies on your device. Cookies allow us to recognize when you return so that we can customize and create a more pleasant user experience for you, and make it easier to check out for your following purchases.
Most of the time, the information we collect using cookies and other tools only provides us with Non-Identifying Information. It often helps us understand what our users are accessing most often and to provide better services or make better offerings. You may always choose not to allow cookies through your device settings, but please note that some of our Site offerings may then no longer work for you.
You can choose how much information to share with us, but please do note, there may be a minimum amount of information required to obtain an account or to make purchases with BLOOMAIRE®, and by limiting how much information you provide may limit the functionality of our services for your purposes.
You can manage your notification preferences by logging into your account and changing those preferences. You can also unsubscribe from any mailings by clicking the “unsubscribe” link at the bottom of emails you receive.
Control Over Your Personal Information
If you want to close your account or have other questions or requests, please contact us at email@example.com. While we can assist you in many ways, we may not always be able to delete records of past interactions and transactions as required by applicable law. We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for your order history. Once your account has been deleted, we may no longer retain any of your personal information unless required by applicable law. Such personal information may be removed or destroyed from our servers where possible, and it will never be sold or distributed without your permission.
BLOOMAIRE® protects your information by taking reasonable steps to secure it against unauthorized access. We do this through both physical administration by our staff members and electronic measures. However, no security system or method is guaranteed to be safe from hackers or human error. We will immediately contact you if we find any breaches in our security methods.
Changes in Ownership
Modifications and Contact
If you have any questions or concerns, please contact us by email at firstname.lastname@example.org, or by mail at 552 E. Carson St Suite 104 Carson CA 90745.