SUPERBLOOM STYLE, LLC

TERMS OF USE:

WEBSITE, OTHER CONTENT, AND SOCIAL MEDIA PROPERTIES

Last Updated: 02.19.23

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY.

WHEN YOU USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE OR SOCIAL MEDIA PROPERTIES OR USE OR PURCHASE OUR CONTENT OR PRODUCTS, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY (TOGETHER, “AGREEMENT”). IF YOU DO NOT AGREE WITH ALL PROVISIONS IN THE AGREEMENT, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE OR SOCIAL MEDIA PROPERTIES OR USE OR PURCHASE OUR CONTENT OR PRODUCTS.

Superbloom Style, LLC, provides proprietary content as well as information about and suggestions for third-party products. When you use our website or interact with us on our social media properties, intellectual property laws protect the proprietary content produced by Superbloom Style, LLC, on this website or shared on our social media properties (“Content”).  We either own or have permission to use all the intellectual property rights to all protectable elements in the proprietary Content created by Superbloom Style, LLC, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphic, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.

Not Intended for Children

Content is intended for individuals at least 18 years of age and legally able to enter into a contract, and when you use or engage with our Content, you represent and warrant that you meet both requirements. We disclaim all liability for use or purchase of any Content by individuals under 18 years of age. Children under 13 years of age may not use our Content, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing or using our Content.

Content and Products for Personal Use Only

While we love it when you share about us, please keep in mind that our Content is protected by copyright laws. As it pertains to the proprietary Content created by Superbloom Style, LLC, you may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution to Superbloom, and, where possible, a link back to our website (www.superbloomstyle.com) and tags/links for our social media properties (see www.superbloomstyle.com for information about Superbloom social media accounts and handles). Selling, sharing, redistributing, licensing, or sublicensing our Content to an individual, business, or third party is prohibited. In the event you breach these Terms, you will pay us $5,000 USD, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content outside of these permitted and expressly limited usage Terms.

No Warranty

While we use reasonable efforts to include accurate and up-to-date information in our Content, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the content available in the Content.

You Are Responsible for Content You Submit or Post

Please be mindful when you choose to submit, post, or otherwise share any content on our website or social media properties, as that content is public and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on this website or our social media properties, you do so at your own risk.

Content Guidelines

We require that any content you submit, post, or otherwise share on this website or our social media properties be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third-party content. We do not make any representations regarding the accuracy of any third-party content.

To access certain Content we provide, you may need a username and password, which you agree to keep confidential. To the extent you provide information about yourself during the registration for our Content, you agree to provide accurate, complete, up-to-date information about yourself, and that information will be used and protected under our Privacy Policy. If we believe you have provided false information or otherwise violated our content guidelines, we may terminate or suspend your account and refuse to grant access to our Content.

Permission to Use Content You Submit or Post

In the event you choose to submit or post any content on our website or social media properties or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Content and other commercial purposes.

Disclaimers

THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND WE DO NOT WARRANT THAT THE CONTENT OR ANY OF ITS FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES WE HAVE MADE AVAILABLE TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

WE ARE NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR ANY OTHER MATERIALS WE HAVE PROVIDED. IF YOUR USE OF THE CONTENT OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES WE HAVE MADE AVAILABLE TO YOU, RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify, and hold harmless our company and its owners, directors, officers, shareholders, managers, members, past and present employees, contractors, contributors, vendors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, use, or participation in the Content; (ii) any content you submit to our website or social media properties or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.

Content Availability; Delivery; Force Majeure

We do our best to ensure uninterrupted, error-free availability and delivery of the Content. However, we cannot guarantee your access will never be suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, website, or social media properties.

We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any obligation under these Terms.

Third-Party Links

The Content may contain links to other sites on the internet that are owned and operated by third parties (“External Sites”). We have no control over those External Sites and are not responsible for the availability of or the products and materials provided on or through those External Sites. We recommend you research independently all third-party materials, content, products, services, and recommended resources available on or through those External Sites, and complete your own due diligence if you have questions about whether they are appropriate for your needs and lifestyle. Superbloom Style, LLC, makes no warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose, and assumes no legal liability for materials, content, products, and services from third parties. We are not liable for any user engagement, purchases, or other relationship with those third parties. You agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.

Protecting Personal Information

Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store. However, no website, internet transmission, method of electronic storage, or security system is completely secure. Any transmission of personal information is at  your own risk. Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Content or those of any other website on a shared device or unsecured network. Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

Prohibited Actions

Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our website any Harmful Code or use or misappropriate the data on our website or in our Content for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our website and Content without notice if you fail to comply with these Terms.

Content Intended for Use Within United States

We control and provide the Content from the State of California within the United States, and we do not represent or warrant that the Content will be available in locations outside the United States. If you choose to access or use the Content from outside the State of California within the United States, you agree to assume full liability for compliance with any applicable local laws.

Governing Law; Location for Disputes

These Terms and any disputes arising out of or in connection with these Terms or the Content shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Marin County, California. By using, viewing, or participating in the Content, our website, and social media properties, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover our attorneys’ fees and costs in enforcing our rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.

Notices

Any notices to you regarding these Terms will be provided by email using the contact information provided by you when you submitted it to our email database. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law.

If you have any questions about our Content or any of our terms or policies, including these Terms, please email operations@superbloomstyle.com and include the name of the Content, terms, policy, or services in the subject line.

Waiver

Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.

Updates to Terms of Use

We will update these Terms occasionally to reflect changes in the law, our Content, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, our website, or social media properties by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content and contact us to request deletion of your personal information.

Severability; Entire Agreement

In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms. The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.

Tell Us How We’re Doing

Please send any questions or feedback about our Content or anything in these Terms via email to:

Superbloom Style, LLC
PO Box 6813
San Rafael, CA 94903
operations@superbloomstyle.com