Terms of Use

 

Welcome to Blossomville.org, an online community that connects family members, caregivers, therapists and service providers. This community (“Site") is operated by Blossomville, Inc. By using this Site, you agree to be bound by these Terms and Conditions which governs our relationship with users and others who interact with Blossomville, as well as Blossomville products and services (“Service” or “Services”). These Terms and Conditions of Use apply to the use of the Site and do not extend to any linked third party sites. Please carefully read these Terms and Conditions and indicate your acceptance of them by following the instructions on the registration page. If you do not agree to them, do not use the Site, provide any materials to the Site or download any materials from them.

 

Blossomville reserves the right to update or modify these Terms and Conditions at any time without prior notice to user. Such modifications are effective upon posting by Blossomville on this Site. Your continued use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Site.

These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and Blossomville with respect to the Site. Any rights not expressly granted herein are reserved.

YOU MAY NOT USE THIS SITE AND THE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON, YOUR ACCESS TO ANY BLOSSOMVILLE SERVICES MAY BE TERMINATED IMMEDIATELY IN BLOSSOMVILLE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE.

 

1.    Disclaimer

 

Blossomville provides the Services to promote a community connecting family members, caregivers, therapists and service providers. These Services do not provide medical advice and Blossomville is not licensed to provide medical diagnoses, treatments, or other medical services that are provided by doctors, pharmacists, nurses, or other medical professionals. Content appearing on this Site does not constitute medical advice and is not the practice of medicine.

 

2.    Eligibility

 

By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

 

3.    Registration and Account Security


While you can view some features of this Site without registering, you must register to use all of the features of the Services, including to post a profile, to post other content, or to communicate with other Members. When you register for this Service you are required to provide your name, email address and select a user screen name and password.  Screen names are subject to Blossomville’s approval and may not contain misleading or objectionable material. We will send you an e-mail at the address you provide to confirm your Membership, after which your Membership will be activated. You will be provided an opportunity to create a profile containing additional information when you log into your account.

 

You must provide us with current, complete, and accurate information as requested by the registration and profile form. Updating this information is your responsibility. Here are some commitments you make to Blossomville relating to registering and maintaining the security of your account:

a)    You will not use Blossomville if you are under 13.

b)    You will not use Blossomville if you are a convicted sex offender.

c)    You will not provide any false personal information, or create an account for anyone other than yourself without permission.

d)    You will keep your contact information accurate and up-to-date.

e)    You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

f)     If we disable your account, you will not create another one without our permission.

 

You are responsible for any and all activities that occur under your account. You agree to notify Blossomville immediately of any unauthorized use of your account. Blossomville is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

 

4.    Sharing Content and Information

 

After you have registered and your Membership is confirmed, you will be able to post content on the Site and communicate with other Members. You are solely responsible for the Content that you publish, display or transmit to other Members via the Services.

 

You own all of the content and information you post on Blossomville, and you can control how it is shared through your account settings.

a)    When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Blossomville, to access and use that information, and to associate it with you (i.e., your screen name and profile picture).

b)    By posting Content, including Content that is covered by intellectual property rights like photos and videos (IP content), to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Blossomville an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

c)    When you delete content in your individual space using the Private setting, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time but will not be available to others), unless your content has been shared with others, and they have not deleted it.

d)    We always appreciate and encourage Members to contribute suggestions, reviews and feedback in different areas of the Services as it is a member-driven and co-creation Site, but you understand that we may use your suggestions and contributions without any obligation to compensate you for them (just as you have no obligation to offer them).

e)    The number of postings by any Member is subject to reasonable limits at the discretion of Blossomville.

 

Blossomville does not control and is not responsible for any blogs, notes, messages, billboard postings, photographs, profiles or other materials posted or delivered to the Services by you or other Members. Blossomville is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Blossomville reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice. You agree that you have no recourse against Blossomville if we refuse to post, or if we delete or refuse to delete, any post by you or other members.

 

5.    Safety

 

We do our best to keep Blossomville safe, but we cannot guarantee it. We need your help to keep Blossomville safe, which includes the following commitments by you:

 

a)    You will not post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as "spam"), without our prior written consent.

b)    You will not post or deliver any unauthorized commercial communications, chain letters, surveys or contests, solicitation via the Services to buy or sell any products or services, or engage in commercial activities and/or sales, without our express prior written consent.

c)    You will not collect users' content or information such as e-mail addresses, or otherwise access Blossomville, using any means not intentionally made available through this Service (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

d)    You will not engage in or solicit participation in any multi-level marketing, such as a pyramid scheme, on Blossomville.

e)    You will not upload viruses or other malicious code.

f)     You will not solicit login information or access an account belonging to someone else.

g)    You will not bully, intimidate, or harass any user.

h)    You will not post or deliver, or provide links to, any content containing material that could be considered hateful, harmful, obscene, threatening, pornographic, indecent, lewd, violent, abusive, profane, insulting, tortuous, harassing; or contains nudity or graphic or gratuitous violence.

i)      You will not post or deliver, or provide links to, any content containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability.

j)      You will not post or deliver, or provide links to, any content containing defamatory, false or libelous material.

k)    You will not post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

l)      You will not post or deliver any content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

m)  You will not post or deliver any content that you do not have a right to make available under law or contractual or fiduciary relationships.

n)    You will not post or deliver information that violates our community guidelines

o)    You will not impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

p)    You will not manipulate identifiers, including by forging headers, in order to disguise the origin of any content that you post or deliver.

q)    You will not use Blossomville to do anything unlawful, misleading, malicious, or discriminatory.

r)     You will not do anything that could damage, disable, overburden, or impair the proper working or appearance of Blossomville, such as a denial-of-service attack or otherwise interfere with the use of the Services or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

s)    You will not attempt to gain unauthorized access to this Service, any related website, other accounts, computer system, or networks connected to this Service, through hacking, password mining, or any other means.

t)     You will not facilitate or encourage any violations of this Agreement or our policies.

 

You are solely responsible and liable for contents delivered to the Services using your account. Any violation of these provisions can subject your Blossomville membership to immediate termination and, possibly, further legal action.

 

We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending communication from the Services and terminating the membership of such violators.

 

  1. Protecting Other People's Rights


We respect other people's rights, and expect you to do the same.

 

a)    You will not post content or take any action on Blossomville that infringes or violates someone else's rights or otherwise violates the law.

b)    We can remove any content or information you post on Blossomville if we believe that it violates this Agreement or our policies.

c)    If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

d)    If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

e)    You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.

f)     If you are a paid professional member and intend to collect information from other users, you will obtain their consent, make it clear that you (and not Blossomville) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

g)    You will not post anyone's identification documents or sensitive personal information on Blossomville.

 

7.    Term

 

This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may deactivate your membership at any time by notifying hello@blossomville.org and including "DEACTIVATE" in the subject line. Blossomville may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.

 

8.    Limitations on Liability

 

In no event shall Blossomville, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Services and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Services or any information, software, products, services, and related graphics obtained through the Services; (vi) any transactions entered into through this Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Blossomville has been advised of the possibility of damages.

 

Our Services may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and Blossomville is not liable or responsible for any of the content or services available at these sites.

 

Indemnification. You agree to indemnify and hold harmless Blossomville and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement.

 

9.    Proprietary Rights

 

Blossomville either owns or is licensed to use all proprietary rights in this Service, including all copyrights, trademarks, and patent rights associated with this Service. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

10.  Disputes

 

You are solely responsible for your interactions with other Blossomville Members. Blossomville Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

This Agreement shall be governed by, construed and enforced in accordance with the laws of Province of Ontario, Canada, without regard to conflict of law provisions. Any dispute arising under this Agreement shall be brought to mediation or binding arbitration or courts within Ontario, Canada. 

 

Blossomville makes no representation that this Site is governed by or operated in accordance with the laws of nations other than Canada. By using this site and submitting any personal information, visitors from all over the world acknowledge that this site is subject to the laws of Ontario, Canada, consent to the transfer of personal data to Canada, and waive any claims that may arise under their own national laws.

 

If anyone brings a claim against us related to your actions, content or information on Blossomville, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Blossomville and are not responsible for the content or information users transmit or share on Blossomville. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Blossomville. We are not responsible for the conduct, whether online or offline, of any user of Blossomville.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

11.  Disclaimer of Warranties

 

The information and opinions expressed in postings on this Service are not necessarily those of Blossomville or its content providers, advertisers, business partners, or related entities, or of any health association to which this Service is linked, and Blossomville is not responsible for any incorrect or inaccurate Content posted on the Services, whether by Blossomville, its business partners, Members, or due to equipment or computer programming associated with this Service. Under no circumstances will Blossomville be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this Service, any Content posted on this Service or transmitted to Members, or any interactions between users of the Services, whether online or offline.

 

Blossomville assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Blossomville is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services.

 

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BLOSSOMVILLE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY BLOSSOMVILLE, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT BLOSSOMVILLE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE; OR THAT BLOSSOMVILLE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS; OR THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BLOSSOMVILLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. BLOSSOMVILLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR BLOSSOMVILLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR BLOSSOMVILLE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

 

12.  Assignment

 

This Agreement may be assigned by Blossomville in the event of a transfer of control of Blossomville Inc., without the consent of the Member.

 

13.  Contact Info

 

If you have any questions concerning this Agreement, you may contact us by e-mail to hello@blossomville.org or via postal mail to Blossomville Inc., 7725 Birchmount Rd., Unit 17, Markham, ON, L3R 9X3 Canada.

 

Date of Last Revision: June. 6, 2016.