February 7, 2020
By accessing our app, Blossm - Plant Swap, 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 - Plant Swap. The materials contained in Blossm - Plant Swap are protected by applicable copyright and trademark law.
2. Use License
Permission has been granted to temporarily download one copy of Blossm - Plant Swap 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 - Plant Swap; 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 - Plant Swap.
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 - Plant Swap, 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.
5. Accuracy of materials
The materials appearing in Blossm - Plant Swap could include technical, typographical, or photographic errors. Blossm does not warrant that any of the materials on Blossm - Plant Swap 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 - Plant Swap you are agreeing to be bound by the then current version of these terms of service.
8. Acceptable Use
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:
- Engage in any unauthorized use of the Blossm Service (including, without limitation, political campaigning, advertising, or marketing);
- Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Blossm Service, (2) may expose Blossm or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
- Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our prohibited items.
- Your postings should not contain offensive profanity, or abusive, racist, offensive, or hate language
- You are not under the age of 13
- Your postings should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
- Your postings should not contain references to illegal activity
- You should not be affiliated with competitors if posting negative reviews
- You should not make any conclusions as to the legality of conduct
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Blossm Service;
- Copy any portion of the Blossm Service or any underlying content or source code;
- Reverse engineer, disassemble or decompile any portion of the Blossm Service or otherwise attempt to discover or re-create the source code to any software;
- Distribute the software or source code behind the Blossm Service to any third party;
- Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Blossm Service;
- Remove, alter, or obscure any copyright or other proprietary notices of Blossm or its affiliates or licensors in any portion of the Blossm Service;
- Obscure or disable any advertisements that appear on or through the Blossm Service;
- Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Blossm, to utilize the Blossm Service or to collect or extract data;
- Access without authorization any networks, systems, or databases used in providing the Blossm Service or any accounts associated with Blossm Service, or to access or use any information therein for any purpose;
- Attempt to probe, test, hack, or otherwise circumvent any security measures;
- Violate any requirements, policies, procedures or regulations of any network connected to the Blossm Service;
- Use the Blossm Service in any manner that could damage, disable, overburden, or otherwise impair the Blossm Service (or the networks connected to the Blossm Service);
- Interfere with or disrupt the use and enjoyment by others of the Blossm Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
- Falsely state, impersonate, or otherwise misrepresent your identity;
- Provide false information during Account creation, or otherwise provide false, inaccurate or misleading information;
- Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
- Use or attempt to use another user’s Account without authorization;
- Use the Blossm Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Use the Blossm Service in any manner that exposes Blossm to any harm or liability of any nature;
- Use the Blossm Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Blossm);
- Develop any third-party applications that interact with the Blossm Service without Blossm’s prior written consent;
- Use the Blossm Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
- Transfer any rights granted to you under these Terms; or
- Encourage or induce any third party to engage in any of the activities prohibited under this section.
- If you violate any of the foregoing, Blossm reserves the right to suspend or terminate your right to access and use the Blossm Service immediately without notice, and you will have infringed Blossm’s intellectual property and other rights, which may subject you to prosecution and damages. Blossm also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 7. Blossm reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Blossm Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Blossm is not responsible or liable for the conduct of, or your interactions with, any users of the Blossm Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Blossm Service will not contain any content that is prohibited by these Terms.
9. Prohibited Items
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:
- Prescription drugs
- Drugs, narcotics, or controlled substances (even those that are legal in some states)
- Items marketed for the purpose of intoxication
- Drug paraphernalia such as bongs, vaporizers, and pipes
- Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories
- Cannabis and cannabis-derived products, such as CBD
- Growing or cultivation equipment for cannabis and cannabis-derived products
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale, including but not limited to:
- Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
- Listings that claim the item can diagnose, cure, mitigate, treat, or prevent a disease or viruses, including COVID-19
- Ventilators and other respiratory equipment
- Cannabis and cannabis-derived products, such as CBD
- Pills, vitamins, and supplements
- Contact lenses
- Used cosmetics
- Used makeup sponges and applicators
- Needles and items containing needles (such as syringes or tattoo equipment)
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:
- Most perishable goods, including meat, seafood, dairy, and cut fruits or vegetables
- Homemade shelf products, such as jams, jellies, and pickles
- Homemade meals or baked goods
- Eggs sold outside of the seller’s farm
Exceptions to this policy include:
- Whole, uncut fruits and vegetables
- Eggs sold directly on the seller’s farm
- Unopened and packaged commercially sold food goods (canned soup, packages of cookies, etc.) as long as the packaging has not been tampered with and the items are sold before their expiration date
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:
- Services for intangible items such as dog walking, babysitting, and IT support
- Links to or information about flea markets, yard sales, and garage sales
- URLs, links, or redirecting to other websites
- Rentals and timeshares
- Multi-level marketing schemes and related promotional materials
- Job postings
- Lost pet ads
- Wanted ads (Add this to your profile or community forums)
- Digital account transfers
- Items planned for future purchase from another retailer, wholesaler, distributor, or manufacturer
- Items of unknown contents such as “mystery boxes” or “grab bags”
- Items where the photo does not match the title or description
10. Copyright infringements
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 email@example.com 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.
11. Termination of Account
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 firstname.lastname@example.org.
12. Assumption of Risk
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).
13. Governing Law
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.