1. Services Offered by Blossom
Blossom provides you a ten-digit phone number (the "Blossom Phone Number") from which you can manage your text message communication with your audience. More specifically, Blossom allows you to add the name, telephone number, and other defining information ("Contact Information") of a person or entity (each, a "Contact")into your Blossom Contact database, and then exchange messages with those Contacts on an individual or group basis. The Service can be accessed via internet or a mobile device and will work in the 48 contiguous states. The Service is not a replacement for any phone line of any kind. In fact, you must have a valid cellular or other phone service to register with and use the Service. You can also not use the Service to place all calls of any kind.
2. Blossom Accounts
3. Account Usage and Safety
In addition to other rules and regulations contained in these Terms, you (and those using your Account) are solely responsible for any and all use of the Service through your Account. You acknowledge that it is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use or breach of your Account or User Information. You also acknowledge that your Account and User Information is personal to you, and agree not to allow any other person to access your Account using your User Information. We have the right to disable any Account and/or User Information at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms. Blossom will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard your User Information. Additionally, to the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard the Contact Information of Contacts contained in your Account.
Actual or attempted unauthorized use of the Service may result in criminal and/or civil prosecution. To the extent allowed by law, we reserve the right to view, monitor, and record activity on the Service without notice or obtaining further permission from you; this means we may review message content and details pertaining to claimed violations of our Terms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Service.
4. Legal and Regulatory Compliance
Please be aware that text messaging is heavily regulated by the Federal Government and by many state governments. As such, it is your responsibility to ensure that you are complying with any and all laws and regulations to which you are, and your use of the Service is, subject. If you have any questions or concerns about law or regulation, please contact a qualified attorney. As such, you should be aware of, among other laws and regulations, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Blossom allows you to add Contact Information of your Contacts into your Account. HOWEVER, you may not add any Contact or Contact Information into Blossom unless you have the Prior Express Written Consent of the Contact to do so. Furthermore, you may not send, cause to be sent or facilitate the sending of ("Send") any message using the Service if the Contact to receive such message has not given you Prior Express Written Consent to Send such messages. For avoidance of doubt, "Prior Express Written Consent" means: An agreement in writing, signed by the party who consents to receiving text messages (which may include text messages of a commercial nature) at a specific telephone number owned by such party.
6. Spam Policy
Blossom will not tolerate your use of the Service to send messages that constitute Spam (as defined below). Notwithstanding anything else in these Terms, you agree to not Send Spam using the Service. Accounts which Send Spam may be suspended and terminated, and Blossom may participate in the prosecution of those who send Spam. For the avoidance of doubt, we consider "Spam" to mean any text message that (i) is for the principal purpose of promoting the sale of goods or services, including the content of a website which is operated on a commercial basis, or (ii) is for the principal purpose of promoting a political purpose or objective, or (iii) contains advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or any other item (tangible or intangible) of a commercial purpose.
7. Limited License
Blossom grants you a limited, revocable, non-exclusive, non-transferable license to use and access the Service in accordance with these Terms. Unless you have obtained the prior written consent of Blossom, you agree to not:
- Resell the Service;
- Modify, reverse engineer, decompile or disassemble the Service;
- Copy, adapt, alter, modify, translate, or create derivative works of the Service;
- Use the Service for illegal purposes or in any way that violates law or regulation;
- Use the Service to transmit material that is unlawful, harassing, libelous, abusive, threatening, obscene or that infringes the rights or intellectual property of others;
- Use the Service in a manner that would violate a third party's rights (including intellectual property rights);
- Permit other individuals or entities (excepting those individuals or entities for whom your Blossom account was established) to use the Service;
- Rent lease, loan, sublicense, distribute, or otherwise transfer rights to the Service;
- Circumvent or disable any technological features or measures of the Service;
- Use the Service in any way not authorized by these Terms;
- Enter any incomplete or inaccurate information into the Service or your Account;
- Violate these Terms; and
- Seek to circumvent these Terms in any manner.
Any use of the Service in violation of these Terms is forbidden, and may result in the immediate termination of the license granted to you hereunder. Additionally, Blossom may terminate your right to use the Service, including the license hereunder, with or without cause at any time, for any reason or no reason.
You agree to pay for any and all charges in relation to your use of the Service. Blossom will never charge you to use its Service, unless you sign up for a paid plan, which requires you to affirmatively select a plan listed on the Blossom pricing page (blossom.im/pricing) ("Plan"), and pay for such Plan by entering your credit card information. Once you create an Account and select a Plan, you authorize Blossom and/or its billing agent to:
- Charge you (including the credit card or payment method that you have provided) for payment of the Plan charges;
- Charge you (including the credit card or payment method that you have provided) on a recurring monthly basis on the monthly anniversary of your initial registration for a paid plan;
- Place a hold on your credit card with respect to any unpaid charges related to the Service;
- Continue to attempt to charge and/or place holds with respect to all sums described herein in accordance with the Plan which you select;
Furthermore, once you create an Account and select a Plan, you:
- Authorize the issuer of the credit card or payment method that you have provided to pay any amounts described herein without requiring a signed receipt, and agree that your acceptance of these Terms is authorization to the issuer of the credit card to pay all such amounts;
- Agree provide Blossom with updated credit card information upon Blossom's request and any time the information you previously provided is no longer valid;
- Acknowledge that you are solely responsible for maintaining and updating your credit card and payment information;
- Agree and acknowledge that Blossom is not and shall not be liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card or payment method;
- Agree that if you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number; and
- Agree that for amounts not paid by the due date, we may charge a late payment fee of 10% or the maximum allowed by law.
Monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of your billing cycle.
IT IS YOUR RESPONSIBILITY TO CANCEL YOUR BLOSSOM PAID PLAN, AND BLOSSOM WILL NOT REIMBURSE YOU FOR ANY AMOUNTS CHARGED WITH RESPECT TO A PAID PLAN THAT YOU DID NOT USE.
Any unused messages provided in the Plan that you purchase will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. You also remain responsible for paying your monthly Plan payment even if your Service is suspended for nonpayment. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
No charges to your personal voice plan (cellular or otherwise) will be incurred when using Blossom unless (1) a person texts your Blossom number and you have enabled the text forwarding option in the account settings page; and (2) you send a text message using Blossom to your cellular phone. In each of the mentioned cases, normal data and messaging rates may apply. Recipients of your text messages sent using the Service will be charged in accordance with the messaging rates established by their carriers.
9. Portability and Reclaiming Numbers
If you want an existing phone number that you own to be transferred into Blossom to be used as your Blossom Phone Number, then you may authorize us or our agents to contact your existing provider to initiate the transfer of your personal phone number to your Account for usage as your Blossom Phone Number; in such cases, you will be required to complete a porting form that we will provide. Not all telephone numbers are eligible for porting to Blossom. Blossom may charge you a fee to export your Blossom number to another service. If your Account remains inactive for thirty (30) days or more, we have the right to deactivate your Account and reclaim the Blossom Phone Number that was assigned to you when you signed up to use the Service. IS THIS SECTIONAPPLICABLE TO BLOSSOM?
10. Proprietary Rights and Content License
The Service and any content contained herein (including any trademarks, trade names, service marks and logos) is exclusive owned by Blossom, unless otherwise stated. The Service is for your use in accordance with these Terms, and you may not print, copy and download any information related to the Service for use otherwise. If you copy or download any information from this Service, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Furthermore,you grant Blossom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.
11. Assumption of Risk
You use the Service solely at your own risk and subject to all applicable laws and regulations. While Blossom has done its best to create a secure and reliable Service, please be aware that any communication or material transmitted to or from a service over the Internet may not be completely secure and confidential. Accordingly, Blossom is not responsible for the security of any information transmitted using the Service, nor the reliability of the Service. Blossom shall have no liability for issues concerning reliability of the Internet, your network or hosting services. You assume the sole and complete risk of using the Service.
12. Disclaimer of Warranties
THE SERVICE AND MATERIALS OR CONTENT FOUND THEREIN ARE PROVIDED "AS IS", AND BLOSSOM MAKES NO WARRANTIES CONCERNING SUCH, WHETHER EXPRESSED OR IMPLIED, AND BLOSSOM HEREBY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. BLOSSOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE, INCLUDING THE MATERIALS OR CONTENT FOUND THEREIN.
13. Limitation of Liability
BLOSSOM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING LOSS OF DATA OR PROFIT, OR BUSINESS INTERRUPTION, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF BLOSSOM HAS RECEIVED NOTIFICATION ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL BLOSSOM BE LIABLE TO YOU FOR AN AMOUNT EXCEEDING THE AMOUNT THAT YOU HAVE PAID TO BLOSSOM FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEEDING THE ACT GIVING RISE TO LIABILITY. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BLOSSOM HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF ANY LAW, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY.
The Service may include links to certain website, materials, or content developed by third parties. Blossom has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blossom of the Service. Use of any such linked website is at your own risk. Blossom reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
16. Governing Law
ANY CLAIM RELATING TO THE SERVICE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF GEORGIA, AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL CONCERNING ANY AND ALL CLAIMSE ARISING OUT OF THE USE OF THE SERVICE OR HEREUNDER THESE TERMS. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE TERMS, OR A PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THESE TERMS, AND THE REMAINDER OF THESE TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT. A PRINTED VERSION OF THESE TERMS SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.
17. Class-Action Waiver
All claims between the parties related to these Terms will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Service. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
18. Waiver of Compliance of these Terms
Even if we do not require strict compliance with the Terms in each instance, you will be obligated to comply with the Terms. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Terms, or the failure to require, at any time, performance by you of any of the provisions of the Terms, will in no way waive your obligation to comply with any of the provisions of the Terms or our ability to enforce each and every such provision as written.
19. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service.
20. Contacting Users
21. Entire Agreement & Severability
22. DMCA Takedown Notice
All content that you use with regards to the Service must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Service's designated copyright agent at firstname.lastname@example.org.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit Blossom to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed