Acceptance of these Terms is a Condition of Your Participation in BEAR’S BLOOMS’ Services and Products. Please read these Terms of Service (the “Terms”) carefully before you create an account. “BEAR’S BLOOMS” means the website located at www.bearsblooms.com and offerings described therein from time to time. Your BEAR’S BLOOMS’ account, and any associated services, events, products or content made available for free or for a fee by BEAR’S BLOOMS.
This is a Binding Agreement. These Terms are a binding agreement between you and BEAR’S BLOOMS. By opening an account with BEAR’S BLOOMS, you agree to these Terms.
Revisions to Terms. We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. If you object to any changes to these Terms you may discontinue using BEAR’S BLOOMS’ Services.
Payments and Refunds. You agree to pay for all BEAR’S BLOOMS’ Services and Products that you purchase. You agree and authorize BEAR’S BLOOMS to charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments, which may include recurring payments. Payments are subject to any applicable sales, value-added, or other taxes. Charges will occur within a reasonable time of the transaction or shortly thereafter. Disputed charges must be disputed in writing within thirty days of the charge.
BEAR’S BLOOMS’ Accounts, Passwords, Security. You are responsible for any activity that results from use of your password or log in credentials. You represent and warrant that all information provided by you to BEAR’S BLOOMS will be true, accurate, current and complete. You agree and waive any claim against BEAR’S BLOOMS for any loss or damage related to unauthorized access to your account or unauthorized use of your password or log in credentials.
Information and Data. BEAR’S BLOOMS may ask for information, such as your street address, telephone number and e-mail address to help facilitate delivery of BEAR’S BLOOMS’ Services and Products. BEAR’S BLOOMS will only use this information to communicate with you about BEAR’S BLOOMS’ Services and Products and only in a professional and responsible way. Any other material You give to BEAR’S BLOOMS, such as photos, feedback, ideas, or content you create can be used by BEAR’S BLOOMS in its sole discretion in order to promote or improve BEAR’S BLOOMS’ Services and Products and you grant BEAR’S BLOOMS a free, perpetual, worldwide unlimited license to use that content for such purposes without attribution or compensation to you.
Ownership and Use of BEAR’S BLOOMS’ Services and Content. You acknowledge that BEAR’S BLOOMS owns all content, information and data that we create or make available to you as part of BEAR’S BLOOMS Services and you agree that you are authorized to access and use BEAR’S BLOOMS’ Services and Products only in association with buying or using BEAR’S BLOOMS’ Services and Products and subject to these Terms. This right is personal to You and not transferable. Other than as specifically authorized herein you are not licensed or permitted to use the Services or the Content for any purpose except as expressly permitted herein.
BEAR’S BLOOMS Trade Marks. You cannot use or display the BEAR’S BLOOMS’ Trademark in connection with any business or offering without our advance written approval.
You Represent You Have Rights to the Content You Post. You represent and warrant to BEAR’S BLOOMS that: (i) you own or are authorized to use any content (Your User Content) delivered to BEAR’S BLOOMS by you and posted on BEAR’S BLOOMS’ Website; (ii) the posting and use of Your User Content on or through BEAR’S BLOOMS’ Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on BEAR’S BLOOMS’ Website does not result in a breach of contract between you and a third party. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Electronic Communications. By using BEAR’S BLOOMS’ Services and Products or providing Your User Content to BEAR’S BLOOMS, You agree and consent that BEAR’S BLOOMS may communicate with you electronically regarding your use of BEAR’S BLOOMS’ Services and Products including promoting or making you aware of BEAR’S BLOOMS offerings, new services and new products. To withdraw your consent to receiving electronic communications from BEAR’S BLOOMS you may e-mail BEAR’S BLOOMS at firstname.lastname@example.org.
Suggestions and Submissions. BEAR’S BLOOMS appreciates your comments, feedback and input. However, if you send us ideas or content, BEAR’S BLOOMS can use it without compensating you and by submitting such content you grant BEAR’S BLOOMS the unrestricted right to use such content for any purpose or use, including commercial uses, without compensation to you.
Breach or Violation of These Terms. A breach or violation of these Terms may Result in Suspension of your use of BEAR’S BLOOMS’ Services or Products. BEAR’S BLOOMS reserves the right in BEAR’S BLOOMS’ sole discretion to suspend or terminate your account and access to BEAR’S BLOOMS’ Services and Products for any reason, at any time. We reserve the right to refuse to provide BEAR’S BLOOMS’ Services and Products to you in the future for any reason.
Limitation of Liability. BEAR’S BLOOMS and its owners and affiliates, and their officers, directors, employees, agents, contractors, service providers, partners, and licensors are not liable for anything that happens to you that may be connected to your use of BEAR’S BLOOMS’ Services or Products.
Publicity. You consent to the use of your name, image, and likeness by BEAR’S BLOOMS for marketing and promotional purposes associated with BEAR’S BLOOMS’ Services and Products in any format without any compensation to you. If you are an enterprise or corporate client of BEAR’S BLOOMS, this shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless BEAR’S BLOOMS are notified otherwise in writing in advance of your use of BEAR’S BLOOMS’ Services.
General. These Terms and any additional written agreements or terms agreed between BEAR’S BLOOMS and you regarding your purchase and use of BEAR’S BLOOMS’ Services and Products constitutes the entire agreement between you and BEAR’S BLOOMS concerning your use of BEAR’S BLOOMS’ Services and Products.
Applicable Law, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws. These Terms and the legal and contractual relationship between you and BEAR’S BLOOMS shall be exclusively governed by the laws of the Province of British Columbia. BEAR’S BLOOMS may, upon written notice to you and in BEAR’S BLOOMS’ sole discretion, elect to have any dispute arising from the Terms or your relationship with BEAR’S BLOOMS resolved by arbitration under the Arbitration Act of British Columbia, with the place of such arbitration to be Vancouver, British Columbia. These Terms or portions thereof may vary based on local policies, regulations or laws.