Terms and Conditions
What you should know before starting

Project Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE WWW.BloomVC.COM WEBSITE (“SITE”) OR THE SERVICE IT PROVIDES.  BY USING THE SITE YOU ACKNOWLEGE THAT YOU

Please read these Terms carefully. By using BloomVC.com or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Bloom VC Limited is a company Registered in Scotland No SC395742.  The registered office is 5th Floor, 125 Princes Street Edinburgh EH2 4AD

We’ll start with the basics, including a few definitions that should help you understand this agreement. BloomVC.com (“BloomVC.com” or the “Service”) is an online fundraising service offered through the URL www.BloomVC.com (we’ll refer to it as the “Website”) that allows you to create, publish, and manage projects (each message is called an “Project”) for the purposes of crowdfunding. BloomVC.com is owned and operated by Bloom VC Limited, a company incorporated in Scotland (“Bloom”, “we,” or “us”). BloomVC.com has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, and Brand Guidelines) define the terms and conditions under which you’re allowed to use BloomVC.com and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to use BloomVC.com, you must:

  1. be at least fifteen (15) years old;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

 

By using BloomVC.com, you represent and warrant that you meet all the requirements listed above, and that you won’t use BloomVC.com in a way that violates any laws or regulations. BloomVC.com may refuse service, close accounts of any users, and change eligibility requirements at any time.

Represent and Warrant

“Representing and warranting” is like making a legally enforceable promise.

2. Term

The Term begins when you sign up for BloomVC.com and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for BloomVC.com on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or BloomVC.com may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Projects from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

In the event that a Project Owner wants to end the Project before the end of the Project it may do so on submission of 30 days notice, by emailing Eva{at}BloomVC.com with their clear instructions. The Project will be terminated and no more promises can be raised for it. However, Bloom reserves continuing rights to the Project information provided.

Project Owners who have reached their Project Targets in respect are committed to completing the Project as set out on the Site and to carry out those acts as promised to the Supporters. If for any reason this is not possible the Project Owner must immediately inform Bloom of in writing, and cooperate fully and in good faith with Bloom to address this situation in a way that is consistent with the interests of Bloom, the Project Owner, and involved Backers.
In the event that the Project Owner does not intend to complete the Project it shall remunerate Bloom the total Project funds.  For the avoidance of doubt, in no way is Bloom liable for any loss suffered by either Backers or Project Owners for the actions, omissions, or errors of the other.

Acceptable Use Policy

Our Acceptable Use Policy sets some rules that you have to follow as a BloomVC.com user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience delivering the Service.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of BloomVC.com. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the Projects in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

FEES & FINANCIAL TRANSACTIONS

7.  Payment of Promises

When, and only when, the Project Target has been reached or exceeded within the timeframe, PayPal shall transmit the money Promised by each Backer directly into that Paypal account elected by the Project Owner and specified on the Registration Form.

8. Fees & Charges

Paypal will deduct 5% from the total amount promised and transmit this to Bloom (the “Fee”) via the Project Owner's account. PayPal’s fees are paid by the Project Owner, including the fixed and transaction fee at the rate currently published by PayPal. Should the Project fail to reach the Promise Target, or if the date in which to raise funds for the Project expires without the Project Target being met, Bloom will neither deduct nor accept any payment previously Promised from any Backer. Each Promise and Project is a unique transaction. AT NO POINT WILL FUNDS IN EXCESS OF THE 5% FEE PASS INTO BLOOM'S ACCOUNT.

9.  Additional services

Where additional services are provided in support of a project we may levy additional fees, which must be paid in full in advance of delivery. 

10. Refunds

Bloom shall not be responsible for the nature or quality of the performance or any other obligations offered by the Project Owner, and the Project Owner will be wholly responsible for meeting any obligation or Reward as stated or implied on the Site in respect of the Project they create.

If the project target is met and PayPal has deducted funds from each of the backers’ accounts, the backers are not entitled to any refunds for non-delivery of any rewards.

11. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

12. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide BloomVC.com (proprietary rights include patents, trademarks, service marks, design rights and copyrights). You may only use our brand assets according to our Brand Guidelines.

13. Grant of Licenses

You represent and warrant that you either own or have permission to use all of the material in your Projects. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

When Project Owner submits Content to Bloom the Project Owner grants to Bloom:

(a)  a non-exclusive, worldwide, royalty free transferable license (with rights to sublicense) to use, reproduce, digitally distribute, display, and publicly perform the Contents (as well as any underlying musical compositions) created or contributed by the Project Owner as part of the Project via any means developed, owned, or controlled by Bloom or its partners solely for the purposes of promoting the Project Owner’s Project or Bloom, part or all of the Service.

(b)  a non-exclusive, worldwide license to:

(i)     to reproduce, display and distribute any artwork, photographs supplied by the Project Owner, liner notes, metadata, track data lyrics and editorial content relating to the Project, and

(ii)    to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each artist, performer, producer, and songwriter featured on a recording or in a Project, in connection with promoting the Project or Bloom.
Notwithstanding the foregoing, Project Owner acknowledges and agrees that Bloom’s business model may involve free promotional downloads and/or streams of recordings.
Bloom also grants to each user of the Service, a worldwide, non-exclusive, royalty-free license to access Project Owner’s Content through the Service.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

15. Right to Review Project Campaigns

We may view, copy, and internally distribute content from your Projects and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

We study data internally to make our service smarter and create better experiences for project owners and backers.

RULES AND ABUSE

16. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
  2. You won’t use third party assets without permission and / or attribution.
  3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.

If you violate any of these rules, then we may suspend or terminate your account.

Spam

In short, spam means “unsolicited bulk Project.” If you send people mass Project without their permission, you’re spamming.

17. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a BloomVC.com user, we want to hear about it. Please report it to our Abuse  Report. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.

18. Bandwidth Abuse/Throttling

You may only use our bandwidth for your BloomVC.com Projects. We provide image hosting only for your Project campaigns, so you may not host images on our servers for anything other than your Project campaigns (like a website). We may throttle your sending or connection through our service at our discretion.

19. Compliance with Laws

You represent and warrant that your use of BloomVC.com will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Project distribution list, sending Projects via BloomVC.com, and collecting information as a result of sending Projects, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of BloomVC.com. You’ll get express consent to transfer data to BloomVC.com as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication through BloomVC.com.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow BloomVC.com to receive and process data and send communications to that individual on your behalf.

European Economic Area

This applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.

20. Import Controls

Rewards may be subject to import controls at the country of destintion. Import laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. You are responsible for determining whether or not your rewards are suitable for distribution. 

LIABILITY

21. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

22. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Warranties of Merchantability

Since people use BloomVC.com for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!

23. Indemnity

As a Member you hereby warrant and represent that:

(a)   You have the right and power to enter into and fully perform all of its obligations under this Agreement and has the authority and right to provide Bloom with the rights granted herein;

(b)   Bloom’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world;

(c)    No content provided to Bloom by the Project Owner will breach any applicable laws or regulations, including, without limitation, defamation and obscenity laws;

(d)   You have (and will continue to have during use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Bloom to use the Content for the purposes of the provision of the Service by Bloom, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

(e)   No agreement of any kind entered into by Project Owner does or will interfere in any manner with Bloom’s complete performance of this Agreement, or with the rights granted to Bloom herein;

(f)    Bloom shall not be required to make any payments to third parties in connection with exploitation of the Content hereunder.

You agree to indemnify and hold us and our Team harmless from any losses (including legal fees) that result from any with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including legal fees.

You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims to the extent that any such claim is based upon or arises out of a breach of any of project owner’s representations, warranties, covenants, or obligations.

24. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

25. Liquidated Damages

For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.

28. Disclaimers

We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.

FINE PRINT

30. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

31. Choice of Law

Scots Law will apply to any dispute related to these Terms or the Service. Each party will be subject to the jurisdiction of those courts.

32. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, locust plagues, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

33. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

34. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

35. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

36. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

37. Tax or other financial obligations

The Project Owner is fully responsible for any taxation or other financial obligations arising out of its participation in the service. If, for any reason, Bloom is required to pay any monies relating either directly or indirectly to a Project Owner’s Project, Project Owner shall fully reimburse Bloom for those amounts within 21 days of being informed of these payments.

38. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

39. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Project distribution lists we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.

40. Notices

Any notice to you will be effective when we send it to the last Project or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Bloom VC Limited, 5th Floor, 125 Princes Street Edinburgh EH2 4AD or any addresses as we may later post on the Website.

41. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

You’ve reached the end! Thank you for taking the time to learn about BloomVC.com's policies.