August 5, 2022
By accessing our app, Blossm - Social Plant Market, you agree to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Blossm - Social Plant Market. The materials contained in Blossm - Social Plant Market are protected by applicable copyright and trademark law.
Permission has been granted to temporarily download one copy of Blossm - Social Plant Market per device for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained in Blossm - Social Plant Market; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Blossm at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials within Blossm are provided on an 'as is' basis. Blossm makes no warranties, expressed or implied, and hereby disclaims and negates 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. Further, Blossm does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Blossm - Social Plant Market.
In no event shall Blossm or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Blossm - Social Plant Market, even if Blossm or a Blossm authorized representative has been notified orally or in writing of the possibility of such damage. 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.
The materials appearing in Blossm - Social Plant Market could include technical, typographical, or photographic errors. Blossm does not warrant that any of the materials on Blossm - Social Plant Market are accurate, complete or current. Blossm may make changes to the materials contained in Blossm - Plant & Produce Swap at any time without notice. However Blossm does not make any commitment to update the materials.
Blossm has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blossm of the site. Use of any such linked website is at the user's own risk.
Blossm may revise these terms of service for its app at any time without notice. By using Blossm - Social Plant Market you are agreeing to be bound by the then current version of these terms of service.
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority) , you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Blossm LLC Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Blossm LLC Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
When accessing or using the Blossm Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
Alcohol, drugs, tobacco, and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can't enforce these laws and regulations, we don't allow these items for sale, including:
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale, including but not limited to:
The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. Because we can't enforce these restrictions, prepared food is not allowed. Examples:
Exceptions to this policy include:
Blossm Inventory is intended for the sale of individual, tangible items. Items must exist and be available. Examples of things that are not allowed include:
The shipment of plants, herbs, seeds, and soil often comes with additional requirements for both buyers and sellers in order to mitigate risks to personal safety and the health of the environment. Accordingly, some items in this category are prohibited on Blossm, while others may be geographically restricted.
Herbal Drugs Blossm prohibits certain plants, herbs and seeds based on various laws and regulations that ban or restrict the sale of particular drug-like substances. This list is not exhaustive and is subject to change at any time. Blossm currently prohibits the sale of the following substances:
Hazardous Plant Materials - Some plant materials present an unreasonable risk of harm due to their toxic, caustic, or poisonous properties. These hazardous materials are prohibited from sale on Blossm. Examples of prohibited toxic plants include, but are not limited to:
Invasive species are organisms which, when introduced into a non-native environment, out-compete other existing species to the detriment of the surrounding ecosystem. By their nature, they may be more harmful to some environments than others, so rules about these species vary greatly by region. Before shipping any living material, ensure that it is not restricted or prohibited as an invasive species in the area where it is being delivered. Please also be aware that the transport process may require additional checks to ensure that the item is not harboring any invasive pests. Additional regional guidance can be found below:
Endangered Species - It is prohibited to sell any endangered plant species identified as endangered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Regionally-specific restrictions for endangered species also apply, and violations are subject to removal.
Unidentified Species Listings for plants and seeds intended for planting must be identified in the listing by a common name and/or scientific name. Sellers may not list “grab bags” or “mystery listings” where the item being offered is not identified.
Regional Requirements and Restrictions Both buyers and sellers must follow any applicable laws or shipping restrictions around plants, plant materials and seeds. This includes any state and local laws that may be applicable to the sale or shipping of such items. Regulations for plants and seeds vary depending on genus and country of origin. Also, regulations for a particular plant or seed may change depending on the pest or disease status of the originating country. In addition to these requirements, all shipments of plants, plant materials or seed products sold on Blossm must prominently display the following information on the outside of the package:
You should check with your local government agency, such as the US Department of Agriculture (USDA) or the International Plant Protection Convention (IPPC), for specific guidance on what is allowed to be sold across state and national borders. For example, many U.S. states have specific legal requirements for labeling and shipping plant and seed products. Note that certain countries may also have importation requirements such as a phytosanitary certificate, or require other licenses and/or permits to sell or import plants and seed products. Should you run afoul of any of these requirements, you are responsible for any penalties resulting from non-compliance.
Because laws vary from place to place, it is a good idea to consult an attorney or qualified legal expert if you have any further questions. While Blossm is unable to provide you legal advice, and cannot verify that all third-party resources are up to date or accurate, the following resources may be helpful if you plan to sell plants, plant materials or seeds.
USA: Blossm restriction on sales to the United States: Blossm sellers located outside of the United States are restricted from selling the following to buyers located in the United States: Live plants, seeds, cuttings, and bulbs that can be planted Soil with organic substances. This does not include non-organic potting material such as pumice, gravel, and sand. Organic fertilizers and soil conditioners, such as manure, compost, worm castings, worm/compost tea, sphagnum peat, grass clippings, straw, wood chips, and guano. US State-level restrictions: Even sales within the United States may be subject to additional restrictions. Some examples of plants regulated by the USDA include bamboo seeds and plants, citrus plants, cotton seeds and plants, sandalwood, wheat, and noxious weeds. Find out more at the USDA’s website. You may also wish to consult the National Plant Board’s Federal & State Quarantine Summaries for further information on plant and seed product restrictions in U.S. states and territories.
Canada: For information regarding Canada’s rules and regulations, please refer to the Canadian Food Inspection Agency’s website.
Shipping Carriers: Be sure also to consult the USPS or your local shipping carrier for specific restrictions regarding shipment of plants or seeds.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at firstname.lastname@example.org or report it within the app. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations. Thus, if you are not sure that material located on or linked to by the app infringes your copyright, you should consider first contacting an attorney.
You may terminate your Account, this Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting us at email@example.com.
You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other users in person. We do not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information users may submit to the services. You are solely responsible for taking all necessary precautions when interacting with other users, particularly when meeting a stranger in person for the first time. It is possible that other users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, swapping, selling, and buying through Blossm’s services (including all online and offline interactions with other users).
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.