Terms and conditions
Bloom 3000 KG
Geblergasse 28, Vienna
Last updated: 30.05.2018
Welcome to Bloom App!
These terms and conditions (hereinafter referred to as "Terms") apply to the use of the Bloom services and additional services offered through the Bloom-Services. The Terms available at Bloom at the exact time of usage of the Bloom services will be applied. By using Bloom services the user accepts the Terms. If the user does not accept the Terms, the use of any Bloom services is prohibited.
The Terms are translated from the original German version. Please note that if the Terms are inconsistent with the terms and conditions in German, the German terms and conditions will prevail.
2 Offered Services
Bloom is a community, creating and exchanging information regarding all kind of events happening right now. This is permitted as long as information does not violate statutory prepositions, good morals and/or the Terms.
The Bloom app can be downloaded free of charge from the Google play store and the Apple app store.
The use of the Bloom basic service version is free of charge. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. The Operator reserves the right to offer varying premium features in the Android App and the iOS App, due to different stages of development.
The operator is not responsible for content generated by users. However, there is no right for publication of content. Participation on Bloom is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation of Bloom temporarily or permanently even without further reasons. A new registration under a different name and/or other e-Mail address following having been blocked is not allowed. If a user has been blocked, he/she may contact the Operator via E-Mail to email@example.com and request for clarification regarding this matter.
3 Contractual conditions
The Operator only provides information as well as a technical framework for users. Claims of contracts between users cannot be claimed from the Operator. The Operator is not a contracting party. The Operator therefore only provides the technical framework for users to conclude such contracts as creating “Blooms” by publishing events (title, description, location, time).
The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic read-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.
The Bloom app is compatible with Android and iOS devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Google play store and the Apple app store may apply.
4 Eligibility, registration, and deletion of the account
Users have to register to use most of the features. Registration is free of charge for users. The use of the Bloom service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. Furthermore, users between the age of 14 and 18 years are allowed to enter contracts whereby the approval of the respective parent or legal guardian has been given.
Individuals can make use of the Bloom services by registering via a Facebook-Account. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.
The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access Bloom. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.
By registering, the user agrees to receive the recurring Bloom newsletter and therefore receives information at irregular intervals from Bloom. The user may unsubscribe from the newsletter, by simply disabling the subscription of the newsletter in the user profile or by directly clicking on the unsubscribe link in the newsletter.
5 Posts by users, copyright of third parties
Each post (Bloom) must be written or created personally by the respective user.
It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content so called “Blooms”, the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the Bloom service, the database and the network of the Operator or on individual users, as well as the spread of viruses etc. are strictly prohibited and are reported to the respective authority.. Violations lead to the deletion of the Bloom or blocking of the user account. In addition, the Operator reserves the right to move, remove, edit Blooms, disable or to delete user accounts.
The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the Bloom services. Exceptions are such contents that have been released for further use by the copyright holder.
The user may not use Bloom for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (eg. as a result of regulations) as well as for the distribution, offering or sale of living creatures.
6 Granting of rights and liability for users
By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with Bloom or any other product or service of the Operator or the promotion thereof.
This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with Bloom.
Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defense and legal representation.
The Operator cannot be held liable for the correctness of the information of a Bloom.
The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Bloom, unless they are caused intentionally or grossly negligently by the Operator or the damage concerns the injury of life, body or health. The Operator is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensor of the Operator and its licensees. Bloom services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.
Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.
The Bloom services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the Bloom services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the Bloom services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.
7 Data protection
8 Violations of the Terms
In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts and any other content provided by this user, and/or to partly or fully prevent the publication of Blooms and profiles of the user and/or to block his access to the Bloom services totally or in part. In case a user has been blocked, he can write to firstname.lastname@example.org and ask for clarifications regarding his restriction.
If users violate the rights of third parties or the Terms, we ask for notification with a brief description via E-Mail at email@example.com. Furthermore, it is possible to use the “report”-function on the respective Bloom or user profile.
9 Amendment of the Terms
As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes he remains free to request the deletion of his account.
10 Final provisions
The Terms shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in Vienna, Austria.
If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.
Terms and conditions version: 2016-03-17
Bloom 3000 KG, Vienna, Austria