Get Ready to “Dig in the Dirt”
uBloom Terms of Service
J Schwanke Production runs a Flower Community web site called uBloom.com that’s EVERYTHING FLOWERS! We would love to share our passion for Flowers with YOU! Many of our Service are free and we offer a Paid Subscription (Club uBloom) that offers advanced features and benefits.
uBloom.com is designed to help you share in the Passion for Everything Flowers. We ask that you act responsibly in your participation in our Flower Community! We have one Overarching rule at uBloom: “Be NICE! (or you will be asked to leave!) This simple premise has served us well since our inception.
We ask that you make sure all items you share, post or publish do not include things like spam, viruses, pornography or hate content.
We welcome anyone that loves Flowers. Flower Fans, Gardeners, Hobbyists, Enthusiasts, Florists, Wedding and Event Designers… if you LOVE Flowers… uBloom is the Place for U to Bloom!
Terms of Service:
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 J Schwanke Productions, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
The uBloom Website takes every reasonable precaution to insure that visitors and Club uBloom Members have continual access to the website and the features and benefits, however in the case of disruption of service caused by acts of God, computer system failure, power outages, system overload, malicious activity or events out of the control of uBloom and J Schwanke productions, the website and/or features may become unavailable for short periods of time. No Refunds or partial refunds will be available for disruption of service.
1. Your uBloom Profile and Site. If you create a profile on the Website, you are responsible for maintaining the security of your profile and posts, and you are fully responsible for all activities that occur under the profile and any other actions taken in connection with your posts. You must not describe or assign keywords to your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and J Schwanke Productions may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause J Schwanke Productions liability. You must immediately notify J Schwanke Productions of any unauthorized uses of your posts, your profile or any other breaches of security. J Schwanke Productions 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.
2. Responsibility of Contributors. If you operate a profile, comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
o the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; Downloaded Videos are for PRIVATE Use ONLY and may not be broadcast to the public. Downloaded videos cannot be placed on websites, displayed in Retail Settings, or distributed to the public at any time. Use of any J Schwanke Productions or uBloom content for these purposes is Expressly Forbidden by Law and in the event of Illegal Use or Distribution, violators will be prosecuted to the fullest extent of the law.
o if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
o you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
o the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
o the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
o the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
o your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
o your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or name is not the name of a person other than yourself or company other than your own; and
o you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by J Schwanke Productions or otherwise.
By submitting Content to uBloom for inclusion on your profile, you grant J Schwanke Productions 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 profile. If you delete Content, uBloom 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, J Schwanke Productions has the right (though not the obligation) to, in uBloom’s sole discretion (i) refuse or remove any content that, in J Schwanke Productions’s reasonable opinion, violates any uBloom 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 J Schwanke Production’s sole discretion. J Schwanke Productions/uBloom will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
Optional paid services such as Club uBloom Memberships are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay uBloom the annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for an annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify uBloom/J Schwanke Productions 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 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 by contacting email@example.com Upgrade fees on cancelled memberships are not refundable.
4. Club uBloom Memberships: Individual/Business
By signing up for a Club uBloom Membership you agree to pay uBloom the annual subscription fee ($30 Individual or $50 Business USD) in exchange for the services listed at www. ubloom.com NEED LINK HERE) You Club uBloom Membership begins immediately upon purchase and extends for a total of 365 days. uBloom/JSchwanke Productions reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Club uBloom memberships can be canceled by you at anytime on 30 days written notice to uBloom/J Schwanke Productions. Cancelled Memberships are not refundable.
5. Responsibility of Website Visitors. uBloom/J Schwanke Productions has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, uBloom/J Schwanke Productions does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. uBloom/J Schwanke Productions 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.
6. 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 uBloom.com links, and that link to uBloom.com. J Schwanke Productions does not have any control over those non-uBloom websites and webpages, and is not responsible for their contents or their use. By linking to a non-uBloom website or webpage, J Schwanke Productions 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. uBloom/J Schwanke Productions disclaims any responsibility for any harm resulting from your use of non-uBloom websites and webpages.
7. Copyright Infringement and DMCA Policy. As J Schwanke Productions/uBloom 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 uBloom.com violates your copyright, you are encouraged to notify uBloom/J Schwanke Productions at firstname.lastname@example.org or email@example.com uBloom will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. uBloom 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 uBloom/J Schwanke Productions or others. In the case of such termination, uBloom/J Schwanke Productions will have no obligation to provide a refund of any amounts previously paid to uBloom.
8. Intellectual Property. This Agreement does not transfer from J Schwanke Productions/uBloom to you any J Schwanke Productions/uBloom or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with J Schwanke Productions. J Schwanke Productions, uBloom, uBloom.com, the uBloom.com logo, and all other trademarks, service marks, graphics and logos used in connection with uBloom.com, or the Website are trademarks or registered trademarks of J Schwanke Productions or J Schwanke Productions 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 J Schwanke Productions, uBloom or third-party trademarks.
9. Advertisements. J Schwanke Productions reserves the right to display advertisements on your uBloom Profile page.
10. Changes. J Schwanke Productions 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. J Schwanke Productions/uBloom 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.
11. Termination. J Schwanke Productions/uBloom 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 uBloom.com membership (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from uBloom’s notice to you thereof; provided that, uBloom can terminate your profile and membership immediately by removing it from the uBloom.com website. 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.
12. Disclaimer of Warranties. The Website is provided “as is”. J Schwanke Productions/uBloom 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 uBloom/J Schwanke Productions nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will J Schwanke Productions/uBloom, 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 uBloom/J Schwanke Productions under this agreement during the twelve (12) month period prior to the cause of action. J Schwanke Productions/uBloom 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.
15. Indemnification. You agree to indemnify and hold harmless J Schwanke Productions/uBloom, 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.
16. uBloom Image Gallery Downloads: Product License and Disclaimer
The uBloom™ Image Gallery has been created to offer the Professional Florist images that can assist in selling Flower Arrangements to customers. The arrangements created for the uBloom Image Galley were designed to be appealing to consumers as well as accessible and profitable for florists. However, there is no guarantee of sale, implied or otherwise for the florist that purchases the images and recipes of any uBloom Image Gallery.
Images: The Images purchased from the uBloom Image Gallery are for the express use of the purchaser and for single business operation use only. Sharing of or piracy of uBloom copyrighted images is strictly forbidden by law. Violators will be prosecuted to the fullest extent of the law.
Recipes and Information: The uBloom Image Gallery contains accurate color images of flower arrangements, and lists the specific flower/foliage content and supplies needed to create similar arrangements. The image and recipe are merely a guide to creating the arrangement in the image. There is no guarantee of sale, implied or otherwise with use or posting of images.
Pricing: Professional Florists use many formulas to achieve a retail price for their flower arrangements. A suggested retail price is listed for each arrangement, however the suggested price is in no way a guarantee for sale. The following formulas were used to create the suggested retail price:
Hard Goods 2.5 Markup from Wholesale Price
Fresh Flowers, Foliage and Plants 3.5 Markup from Wholesale Price
Labor (Average between) 40% of Hard Goods and Fresh Product and $2.50 per Minute
Purchasers should determine their mark up based on their individual market, seasonal availability and cost of goods sold. The retail price should support your business practices and expected profit margins. The suggested retail price for each arrangement should only be used as a guideline. The Purchaser of any uBloom Image Gallery should review each recipe and calculate their individual retail price based on those calculations.
Suggested Retail Prices have been rounded to the nearest dollar. Pricing on individual items may vary based on the purchase price from Wholesale Florists, Manufacturers or Brokers. Please consider these prices and your business model before selecting a final price for solicitation.
Flowers, Foliage and Plants are affected by seasonal demand, weather conditions and popularity of products. Please consider reviewing your pricing structure frequently to keep your prices up to date.
Final Purchase: All sales are final, no refunds returns or exchanges are available on any uBloom Image Gallery. uBloom Image Galleries are only available as sets of images, single images are not available.
Image File Size and License: Images are provided in square format, and web-ready size (600 pixels by 600 pixels). Images files are provided for web-use and intended for web use only. Purchase of a uBloom Image Gallery grants the purchaser license to utilize image on their website. License is not granted for use of images in print. Files provided are not intended for use in print.
17. Miscellaneous. This Agreement constitutes the entire agreement between uBloom/J Schwanke Productions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of J Schwanke Productions, or by the posting by J Schwanke Productions 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 Michigan, 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 Kent County, Michigan. 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 Grand Rapids, Michigan, 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; J Schwanke Productions 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.