Terms of Use

Terms and Conditions of Use 

Copyrights and Trademarks of KaBloom
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of KaBloom.com, LTD Copyright © 2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of KaBloom or our respective content providers. The content and software on our Site is the property of KaBloom and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at info@KaBloom.com. All rights not expressly granted herein are reserved.

We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove this notice or these credits or any additional information accompanying the notices and credits.

The following is a list of registered trademarks, trademarks, trade names and service marks owned by KaBloom:

KABLOOM ®
KABLOOM ® with design
KABLOOM THE POWER OF FRESH FLOWERS ® with design

The absence of a trademark, trade name and service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of KaBloom. All other trade names, trademarks or service marks are property of their respective owners. The use of any KaBloom trade name, trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@KaBloom.com.

Ownership and Use of Marks
Except as otherwise permitted in these Terms of Use, you may not use, modify, or delete any copyright, trademark, service mark, logo, proprietary notice, or other intellectual property that is found on the Site, or is affixed to, or placed on, any KaBloom Materials. You agree that all copyrights, trademarks, service marks, logos, proprietary notices, and other intellectual property found on the Site, or affixed to, or placed on, any KaBloom Materials are the sole and exclusive property of KaBloom or its licensors. Notwithstanding anything to the contrary in these Terms of Use, you agree that your permitted access to, and use of, the Site, and the Materials do not grant to you any right, title, or interest in or to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.

Typographical Errors
In the event a product (including, but not limited to, flowers, plants and floral arrangements) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Links and Search Results
Our Site may link to other sites. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to another site. However, if you have a problem with a link from our Site, please notify us at info@KaBloom.com. We will investigate the link and take appropriate action.

Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any User Content you have provided if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of KaBloom or another user.

Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or of our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the privacy policy could be subject to criminal or civil penalties.

Export
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy
We respect and make efforts to protect the privacy of all users of our Site. Our current privacy policy is available online and is incorporated herein by reference and made a part of the Terms and Conditions.

Feedback
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of KaBloom. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

Restrictions
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

Disclaimer and Limitation of Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT KABLOOM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE.

Applicable Law
You agree that any legal action brought against us shall be governed by the laws of Massachusetts , without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Massachusetts. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity
By using our Site, you agree to indemnify and hold KaBloom, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.

Miscellaneous
All rights not expressly granted are reserved to KaBloom. The headings used in these Terms of Use and the privacy policy are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party's failure to insist upon or enforce strict performance of any provision of the Terms of Use or the privacy policy shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use or the privacy policy is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use or the privacy policy , which shall remain in full force and effect. These Terms of Use and the privacy policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof. You may not publicly use KaBloom's name, trademarks, service marks, logos, images, or any other intellectual property owned or used by KaBloom without the prior written consent of KaBloom.

How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at info@KaBloom.com or at 1-800-KaBloom, or write us at:

KaBloom.com, LTD
305 Harvard Street
Brookline, MA 02446