Terms of Service

The gist: We (the folks at Blossom) run a product management service called blossom.io and would love for you to use it. Our service is designed to give you a great set of tools to manage the lifecycle of products like web and mobile applications.

(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link to WordPress.com somewhere on your site. We spent a lot of money and time on the below, and other people shouldn’t need to do the same.

Terms of Service

The following terms and conditions govern all use of the blossom.io website and all content, services and products available at or through the website, including, but not limited to, the blossom.io, (taken together, the Website). The Website is owned and operated by Blossom IO Inc. (“Blossom”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Blossom’s Privacy Policy) and procedures that may be published from time to time on this Site by Blossom (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Blossom, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Blossom.io Account and Site

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Blossom of any unauthorized uses of your account or any other breaches of security. Blossom will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

By submitting Content to Blossom for inclusion on your account, you grant Blossom a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Blossom will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Blossom has the right (though not the obligation) to, in Blossom’s sole discretion (i) refuse or remove any content that, in Blossom’s reasonable opinion, violates any Blossom policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Blossom’s sole discretion. Blossom will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

Automatic Renewal. Unless you notify Blossom before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your dashboard.

Restricted Use

You may not use blossom.io to substantially replicate products or services offered by Blossom. If Blossom believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access blossom.io may be temporarily or permanently revoked, with or without notice.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Blossom disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which blossom.io links, and that link to blossom.io. Blossom does not have any control over those non-Blossom websites and webpages, and is not responsible for their contents or their use. By linking to a non-Blossom website or webpage, Blossom does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Blossom disclaims any responsibility for any harm resulting from your use of non-Blossom websites and webpages.

Copyright Infringement and DMCA Policy

As Blossom asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by blossom.io violates your copyright, you are encouraged to notify Blossom in accordance with blossom’s Digital Millennium Copyright Act (“DMCA”) Policy. Blossom will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Blossom will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blossom or others. In the case of such termination, Blossom will have no obligation to provide a refund of any amounts previously paid to Blossom.

Intellectual Property

This Agreement does not transfer from Blossom to you any Blossom or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Blossom. Blossom, blossom.io, the blossom.io logo, and all other trademarks, service marks, graphics and logos used in connection with blossom.io, or the Website are trademarks or registered trademarks of Blossom or Blossom’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any blossom or third-party trademarks. Advertisements.

Changes

Blossom reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Blossom may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Blossom may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Blossom.io account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Blossom if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Blossom’s notice to you thereof; provided that, Blossom can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Blossom and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blossom nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Blossom, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blossom under this agreement during the twelve (12) month period prior to the cause of action. Blossom shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Blossom Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Blossom, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Blossom and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blossom, or by the posting by Blossom of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blossom may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These Terms of Service are an adapted version of automattic.com/privacy/ which is generously availabe under a Creative Commons Sharealike license.