Terms of Use

TERMS OF USE

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (hereinafter – Terms) govern the access or use by you, an individual (also a “Customer”) of website, content, products, and services (the "Services/Service", “Site Services”, “the Company Services”) of Private limited company BLOOMICON Ltd.,registered address: CYPRUS, NICOSIA, 16 PENTELIS STREET, P.C. 240 ( hereinafter “the Company”, “the Bloomicon”, “we”, or “us”). PLEASE READ THIS TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms the words "including" and "include" mean "including, but not limited to".

Your access and use of the Services constitutes your agreement to be bound by these Terms, including License Terms and Privacy and Cookie Policy, which establish a contractual relationship between you and the Company whether or not you are a registered user of the Services. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies, promocodes etc. for a particular event or activity, and such supplemental terms will be disclosed to you in connection with the applicable Service(s) in the specific rules, policies etc. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

The Company may amend these Terms related to the Services from time to time. Amendments will be effective upon Company's posting of such updated Terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in the Company’s Privacy and Cookie Policy.

 

2. YOUR USE OF THE SERVICES

The Bloomicon is an online marketplace where people can buy royalty-free license for using creative content like icons, patterns, illustrations and other graphic assets (hereinafter – “Items”, also can be mentioned as “Goods” or “Products/Product”).

 

LICENSE

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case only as permitted by the feature of the Services and the License Terms. Any rights not expressly granted herein are reserved by the Company and the Company’s licensors.The Company may terminate this license at any time for any reason or no reason.

 

RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third party services and content that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. the Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

 

OWNERSHIP

The Services and all rights therein are and shall remain the Company's property or the property of the Company's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Company's company names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.

 

USER BEHAVIOR ON THE SITE    

You receive access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion without previous registration on the Site.You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to use the Services.The Company reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Services upon discovery that any information you provided on any form or posted on the Site or other conduct otherwise violates these Terms, anybody’s rights, or which is misleading causes or may cause any moral or material damage, or which violates the law or for any other reason or no reason in the Company’s sole discretion.

To purchase license for items through the Services you may be required you to submit to the Company certain personal information, such as your name and email.

You agree to provide accurate, complete and relevant information during the purchase. If you are not able to ensure the accuracy, completeness or relevance of the information in your during the purchase process, it may cause your inability to get access to the Services and to use the Services, or result in the Company’s termination of this Agreement with you. The Company is not responsible for the accuracy and authenticity of User provided data. The Company makes efforts to ensure the security of User provided data storage as provided by these Terms.

You are responsible for all activity that occurs under your name and email during the purchase process through the Service, and you agree to maintain the security and secrecy of your name and email at all times. You must notify the Company immediately of any breach of security or unauthorized use of your email through the Services. The Company will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your email during purchase process through the Services.

By using or accessing the Services, you agree that we can collect and use such information (your name and email) in a harmless way which will not violate anybody’s rights in accordance with the Privacy and Cookie Policy as amended from time to time. You also acknowledge and agree that some information about you can be used by the Company at its own discretion.

Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, or engage in any kind of illegal activity is expressly prohibited. You will not run "spam" on the Services, or any processes that otherwise interfere with the proper working of the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.

 

TEXT MESSAGING

By purchasing license through the Services, you agree that the Services may send you email as part of the normal business operation of your use of the Services. You may opt-out of receiving email from the Bloomicon at any time through Mailchimp service or by contacting Customer Support at support@bloomicon.com.You acknowledge that opting out of receiving email may impact your use of the Services.

 

REFUND POLICY

No refund will be offered for products once sold because they are digital files, non-tangible irrevocable items. We do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product.

We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.

 

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

PURCHASES

If you wish to purchase any license for item made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your PayPal account details.

You represent and warrant that: (i) you have the legal right to use your PayPal payment method in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We are using GETDPD and PayPal to operate the transactions and you can find their policies here (https://getdpd.com/legal/privacy-policy/). By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy and Cookie Policy. As we use such third-party services we HAVE NO CONTROL over these services.

After you click button “BUY”, GETDPD widget will appear and you will be asked to provide your name and email. After that you will be redirected to PayPal web-site to conduct payment.

We do not keep or track sensitive data. The information you submit to purchase the item through the Services is collected by GETDPD and PayPal according to their Privacy and Cookie Policy. We do not collect such information about you.

You acknowledge and agree that all the purchases of Items are not carried through the Site Service but they are operated by GETDPD and PayPal. All the payments goes directly to the Company’s PayPal account.  

The payment transactions are provided on an "as-is" basis. To the fullest extent permitted by applicable law, we disclaim, and make no representations or warranties of any kind, express or implied, that payment transactions will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error or will contain any particular features or functionality.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: item or Services availability, errors in the description or price of the item or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Since you have purchased the item through the Site Services you agree to be bound by the License Terms while using such Item, which determines the ways and the limits of such usage.

 

3. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY GOOD REQUESTED IN CONNECTION THEREWITH REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

ITEMS AND SERVICES PURCHASED ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND FROM THE COMPANY OR OTHER UNLESS, WITH RESPECT TO OTHERS (ONLY), OTHERWISE MADE EXPRESSLY AND UMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT OR SERVICE.

 

LIMITATION OF LIABILITY

THE COMPAPY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION BETWEEN YOU AND THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 3 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

INDEMNITY

You agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or items obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Company’s use of your User Content; or (iv) your violation of the rights of any third party.

 

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Republic of Cyprus, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

DISPUTE RESOLUTION

You acknowledge and agree that all disputes which arise between you and the Company shall be resolved by means of  negotiation between you and the Company. Please, send our claim to our Support at support@bloomicon.com. We will reply as soon as possible. 

In case the dispute will not has been resolved by means of negotiation, such dispute has to be resolved in accordance with legislation and the appropriate dispute resolution procedure of the Republic of Cyprus.

 

CLASS ACTION WAIVER

This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and the Company agree to bring any dispute to the Court on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.

 

4. OTHER PROVISIONS

CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to our Customer Support at: support@bloomicon.com.

 

GENERAL

You may not assign these Terms without the Company's prior written approval. The Company may assign these Terms without your consent to: (i) an acquirer of the Company’s equity, business or assets; or (ii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and the Companyas a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

If you have any questions you can submit your request to our Customer Support at support@bloomicon.com. Our Customer Support operates according to the schedule on the Bloomicon Site.

 

CONTACT US

If you have any questions about these Terms, please contact us at: support@bloomicon.com.