youbloom Terms and Conditions
Thanks for visiting youbloom’s Terms of Service. Last updated July 25th, 2022.
WELCOME TO YOUBLOOM: Provided by youbloom, plc., 13 Classon House, Dundrum Business Park, Dublin D14 X9F9, Ireland (collectively ‘We”, ‘Us,” “Our” “youbloom” or ‘the Company”) VAT number, IE9712710G where CityReps (Online and offline show promoters/providers) Artists, Hosts (venues of all types) Fans and Guests, connect and take part in offline and online Shows. This agreement supercedes any previous agreement between you, CityRep, Artists, Hosts, Fans and Guests and youbloom. The Services offered by youbloom include (“Service, Website and App”) and any other features, content, or applications and software offered, from time to time, in connection with youbloom, including, but not limited to Shows, chat rooms, classifieds, designs, graphics, information, journals and weblogs (blogs), message boards, music, pictures, public forums, points affiliation and accumulation, sound and video (collectively, the “Services”). Please note that youbloom (US) Inc., a California Corporation, US company and subsidiary of youbloom plc., is NOT a party to these terms and conditions.
POINTS FOR YOUR IMMEDIATE CONSIDERATION: These terms are in addition to and include the terms in any youbloom forms which the User has completed and submitted. You will continue to own your photos, videos, music and your masters, but you are granting Us certain non-exclusive rights to use your content. At youbloom the User owns their data and as the owner of the data is a Data Controller. Likewise, youbloom has control of data for managing youbloom and its services on youbloom, but treats such data as solely owned and controlled by the User. Thus, youbloom and Users, at times, are joint Data Controllers. (See information on being a Data Controller later in this document.) You may terminate this agreement and cancel your account at any time. By attending and/or performing at a youbloom Show, you acknowledge and agree to grant youbloom the right at the Show to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to youbloom includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media. The above section is provided to answer some immediate questions you may have, but you must still read the Terms and Conditions to fully understand what you are bound by and accept to use youbloom and any or all of our services.
REGISTRATION AND ELIGIBILITY: You must be at least 18 years of age to use our Services. By accessing the Website, setting up an account, using the Services, or by viewing, accessing, streaming, uploading or downloading any information or Content to/from the Website you represent and warrant that you have read and understood these Terms of Use, will abide by them, and that you are either 18 years of age or more, or if you are under the age of 16 that you have your parent(s)’ or legal guardian’s permission to use the Website. Care should be taken in choosing the information you post on the Website and in forms and also that which you choose to make available to other Users. In order to make use of the Services, become a Member, connect and interact with other Members, you must initially read this Agreement and register your acceptance at the end of this document. By registering for our Services you represent and warrant that you are 18 years of age or older and that you have the capacity to understand, agree to and comply with these Terms and Conditions. You should provide true, accurate and complete registration information to be a youbloom member (“Member”). As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and keeping your password secure. You are solely responsible for any and all use of your account. Your youbloom Account may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older.
MEMBERSHIP: In order to make use of the Services, become a Member, connect and communicate with other Members, you must initially read this Agreement and register your acceptance. Visitors are also bound by the terms of this Agreement through their use of the site, even though they have not registered to become Members. Use of the Website, Services, and Membership, are also subject to our Privacy Policy, which is incorporated into this Agreement, by reference. In order to participate in certain Services, it may be that you are required to download software or content and/or agree to additional terms and conditions for which you may be notified. Should you choose to participate in those Services and unless otherwise provided to the contrary those additional terms and conditions are considered incorporated into this Agreement.
MODIFICATIONS: We may make modifications to this Agreement from time to time which shall be effective when we have them posted on the youbloom website. If any modification is unacceptable to you, stop using youbloom’s Services. Your continued use of youbloom Services after youbloom posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
MEMBER CONDUCT AND CONTENT: You may not use our Services for any illegal or unauthorized purpose. Regardless of location, all users agree to comply with all local rules regarding online conduct and acceptable content including laws regulating the exportation of data from your country of residence. Your profile on youbloom may not include items such as the following: street addresses, telephone numbers, and/or any photographs containing nudity, sexually explicit, lewd, obscene, harassing, excessively violent or otherwise objectionable subject matter. You may not choose a Username or Profile name that is defamatory, the name of a celebrity or a trademark and/or copyright. However, despite these prohibitions, it may be that information provided by other Members, such as their profile, may contain inaccurate, inappropriate, obscene, offensive, and/or sexually explicit material, products and/or services, and We assume no responsibility or liability for any such content (“Materials”) On being made aware of any misuse of the services, please contact youbloom at abuse@youbloom.com or click, at the bottom of any youbloom page, on the “Abuse” link. We reserve the discretionary right, without liability, to reject, refuse to post, or remove any Materials and any posting to include email by you and/or to restrict, suspend, terminate your access to all or any portion of the Services at any time, for any or no reason, with or without prior notice.
MEMBER DISPUTES: You are solely responsible for your interactions with other youbloom Members on any of our sites and/or Connect platforms. We reserve the right, but have no obligation, to intervene in any way in disputes between you and other Members.
TERM AND TERMINATION: This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, which will remove your profile and other personal information from view. We may terminate your Membership at any time, without warning. After your Membership is terminated, this Agreement will remain in effect. Where possible, youbloom will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Services. You agree that We shall not be liable to you or any third party for any termination or suspension of access, or modification, to our Services. Furthermore, youbloom reserves the right to delete a User’s account that has been inactive for a period of 6 months.
CONNECT PLATFORM: youbloom Connect is a platform that connects CityReps, Hosts, Artists and Guests for the arrangement of agreements for live and online Shows between CityReps, Artists, Hosts and Guests. youbloom is not a party to any agreements or contracts between CityReps, Artists and Hosts for live and online Shows. Where youbloom provides the Connect Platform related to live and online Shows, it does so as a designated intermediary subject to agreements that may be formed between CityReps, Hosts, Artists and Guests. Where Guests purchase tickets to live and online Shows through the youbloom Connect platform, this is an agreement between CityReps and Guests. youbloom accepts no liability for the conduct of CityReps, Hosts, Artists and Guests while using the Connect platform or while attending Live Shows.
TICKETS: CityReps may use the Connect Platform to sell tickets to live and online Shows. Guests may use the Connect platform to search for live and online Shows and purchase Tickets from CityReps. Tickets are non-refundable. You may be asked to supply certain information including debit or credit card or other payment information and personal details when purchasing services. By providing such information you represent and warrant that it is accurate, complete and up to date. Orders may be delayed or cancelled if you have not given complete and accurate information.The agreement for the purchase of a ticket is completed when youbloom sends a Guest a confirmation email stating that their purchase has been accepted by youbloom which will be sent to the confirmation email with which the Guest signed up to youbloom. When a Guest makes a purchase, the Guest agrees that the full amount of the Ticket, including applicable taxes and/or fees, will be charged to the credit card using the billing information provided.
CURRENCY: Shows are priced in the local currency where the show is taking place. Guests shall be responsible for any additional charges to which may be subject to currency exchange rate fluctuations and or charges by credit or debit card companies.
ROYALTIES: Shows may require CityReps to collect and remit royalties or license fees. CityReps agree to jointly and severally indemnify youbloom, and each of its officers, directors, employees and agents and hold them harmless against any and all losses, taxes, damages, liabilities, and claims arising out of the calculation, remittance or withholding of any applicable royalties or license fees.
VAT/SALES TAXES. Ticket prices are subject to applicable taxes. CityReps are solely responsible for calculating, withholding and/or remitting any taxes related to Ticket sales (excluding youbloom Service Charges). youbloom is responsible for calculating and remitting taxes on any of its Service Charges. CityReps, Artists and Hosts agree to jointly and severally indemnify youbloom, and all of its officers, directors, employees and hold them harmless against any and all losses, taxes, damages, liabilities, and claims arising out of the calculation, remittance or withholding of any applicable taxes, except as it relates to the youbloom Service Charge.
SHOW CANCELLATION AND REFUNDS: A CityRep may change or alter the start and end time of a show and its programme due to circumstances beyond their reasonable control without being obliged to refund monies or exchange tickets, provided that such changes are not material. If changes are material then Guests will be entitled to a refund of the price paid for Tickets.
youbloom is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase of Tickets or fail to attend the Show. Should any Show be canceled or rescheduled, the CityRep and or youbloom will inform you prior to such cancellation and you will be entitled to a full refund of the price paid for Tickets.
ASSIGNMENT: You shall not assign this Agreement, in whole or in part, or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
NON-COMMERCIAL USE BY MEMBERS: The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by youbloom. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
THIRD PARTY WEBSITES LINKING: Some pages on youbloom.com contain hypertext links to unrelated websites. You are reminded that when you enter other web sites via such hypertext links, you will not be subject to these terms and conditions and you will not benefit from the protections afforded to you in using youbloom.com. We are not liable in any way for the content, availability or use of such linked web sites and you use such links entirely at your own risk. No third party is permitted to deep-link any other web site with youbloom.com without obtaining prior written consent. Third parties are welcome to link to youbloom.com’s home page (and no deeper within the website). Any links from another website must be presented in such a manner that the viewing of this site is not impaired in any way youbloom reserves the right to refuse consent to such links without giving any reasons.
OWNERSHIP: As between you and Us, and except as subject to any rights and licenses you grant to Us (whether pre-existing or under this Agreement or any other applicable agreement), all right, title, and interest in and to the Submitted Content shall remain your property, provided that under no circumstances shall we have any lesser rights than we would have as a member of the general public. If you believe that material in which you hold an ownership interest has been posted on the Website or otherwise submitted to Us without your permission, you must, and hereby agree to, notify our Copyright Agent immediately via copyrightagent@youbloom.com
PROPRIETARY RIGHTS IN CONTENT ON YOUBLOOM
CONTENT FROM USERS: By displaying or publishing (“posting”) any messages, text, files, images, photos, video, sounds, music, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, you hereby grant to Us, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on our servers or those of sub-licensees after you have removed the Content from the Services, and We retain nonexclusive rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
You further represent and warrant that:
You have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Us the nonexclusive licenses set forth herein.
No other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Us the nonexclusive licenses set forth herein
Your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any new arrangements in cover versions of “samples” or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials.
Your Materials do not otherwise infringe on the intellectual property rights of any person or entity.
Neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
You have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
You agree to sign and deliver to youbloom any additional documents that may be requested to confirm youbloom’s rights and your warranties and representations under this Agreement. Moreover, you acknowledge that youbloom is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify youbloom, youbloom plc., its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein. All representations, warranties or covenants made herein by you shall survive termination of this Agreement. All warranties and representations made by you herein are made for the benefit of youbloom and its sub-licensees and may be enforced separately by youbloom and/or by any contractually designated sub-licensee of youbloom.
YOUBLOOM CONTENT: The Services contain Our Content (“youbloom” Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws. We own the rights and retain all rights in the youbloom Content and the Services. We hereby grant you a limited, revocable, non sub-licensable license to reproduce and display youbloom Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. The Services also contain Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
youbloom shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your Materials without any payment to you or any other Persons, entities, groups or associations, in accordance with the provisions of this section. All rights and licenses you grant to youbloom pursuant to this Section shall terminate when, in accordance with this Agreement, you exercise your right to request removal of any or all Materials.
CONTENT POSTED: We may delete any Content that in the sole judgment of youbloom violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. However, We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time youbloom chooses, in its sole discretion, to monitor the Services, youbloom nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and have no control over the Content. Content is not necessarily reviewed by youbloom prior to posting and does not necessarily reflect the opinions or policies of youbloom. youbloom makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
CONTENT/ACTIVITY PROHIBITED: The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in the sole discretion of youbloom, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of youbloom:
Is patently offensive and promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Is defamatory or libelous of any person or group;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter;
Solicits personal information from anyone under 18;
Provides any telephone numbers, street addresses, URLs or email addresses (Excluding information provided to one User by another User with their permission);
Provides information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection devices, providing pirated music or links to pirated music files, or providing lyrics, guitar tablature (tabs) or sheet music;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, worms, spyware or other harmful files (“Viruses”);
Transmits or constitutes a Virus or Worm; or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Involves commercial activities and/or sales without youbloom’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person that you have posted without that person’s consent; or
For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of Viruses, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any Member to buy or sell any products or services through the Services without the members’ consent. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation,
Any automated use of the system, such as using scripts to add friends;
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
Attempting to impersonate another Member or person;
Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the Services in order to harass, stalk, abuse, or harm another person; or
Using the Services in a manner inconsistent with any and all applicable laws and regulations, local, national and international.
COPYRIGHT POLICY: We respect the intellectual property rights of others. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of youbloom to terminate the Membership of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to youbloom by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: youbloom, plc, 13 Classon House, Dundrum Business Park, Dundrum Dublin D14 X9F9, Ireland and email: copyrightagent@youbloom.com
DISCLAIMERS: We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. If a profile created and posted by a Member on youbloom links to other websites, We are not responsible for the Content, accuracy or opinions expressed on that website, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any links to other websites on the Website or in the Services does not imply approval or endorsement of the linked website by youbloom. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this Website or through the Services, nor take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. The Website or Services may permit you to purchase goods and services from various online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The Web pages from which you conduct such transactions may bear the logos, names, trademarks or service marks, or brand identity of youbloom. We, nonetheless, have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants. We assume 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, any User or Member communication. We are 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. The Website and Services may permit you to send or receive communications (such as email, chat, newsgroups and the like) and to store information, files and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, information, files and settings. We shall not be responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at any Show, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Website and Services are provided “AS-IS” and as available and youbloom expressly disclaims warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
LIABILITY AND INDEMNIFICATION
INDEMNIFICATION: You hereby agree to indemnify and hold harmless youbloom and any of its respective officers, directors, controlling persons, agents and consultants collectively referred to as youbloom, who is or may be a party or is or may be threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of or arising from any misrepresentation or misstatement of facts or omission to represent or state facts made by you and the owners to youbloom or any claim, demand, government investigation, or legal proceeding arising directly or indirectly from, as a result of, or in connection with (a) any allegation that youbloom is the employer, co-employer, or joint employer of you or any staff employed by you (b) your alleged failure to comply with any statutory or regulatory obligation or your alleged negligence or intentional acts; (c) your alleged infringement of any Intellectual Property of any third party or (d) your offering, advertising, or conducting any Show (including but not limited to any contracts with third parties related to any Show) (collectively, “Claims” ) and any and all liability, obligations, costs, expenses, damages, (collectively, “Expenses” ) that youbloom incurs as a result of such Claims, including but not limited to reasonable accountants’, legal, arbitrators’ and expert witness fees, damages awards, settlement costs, fines, penalties, and interest charges; reasonable costs of investigation and proof of facts; court costs; and reasonable travel and living expenses and other costs and expenses associated with litigation, investigative hearings, or alternative dispute resolution, whether or not a proceeding is formally commenced. This indemnity will survive the termination of this Agreement and is not limited to the policy limits of any applicable insurance coverage. youbloom and its directors, officers, members, managers, employees, and agents will not be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, arising out of this agreement or the performance thereof, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if you have advised youbloom of the possibility of such damages. Furthermore, notwithstanding any of the terms of this Agreement, under no circumstances will youbloom’s monetary liability for any cause of action exceed an amount equal to one-half of the total of all payment(s) made to you by youbloom under this agreement during the one year period before the occurrence of the action or inaction that gave rise to the cause of action. Nothing in this clause shall limit youbloom’s liability for death or personal injury arising from its negligence. You agree to reimburse all expenses reasonably incurred by youbloom (including legal fees) to enforce the terms of this Agreement and to defend any claim asserted by you on which youbloom substantially prevails, as determined by the court.
LIVE SHOWS. youbloom provides the Connect platform to connect CityReps, Artists, Hosts and Guests for the purposes of facilitating Ticket sales and the delivery of Show services and is in no way affiliated with participating CityReps, Artists, Hosts or Guests. You acknowledge that youbloom shall not have any responsibility or liability for any losses or damages that you may incur as a result of your visit to or attendance at a Show. You hereby agree to release youbloom, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third-parties (including other Users) in connection with the Services or any Show listed on the Services.
NOTICES FOR INTERNATIONAL USE: We make no representation that products or services available on or through youbloom or any Service are appropriate or available in all locations. Those who choose to access the youbloom website or App or any service from their location do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
YOUBLOOM AND USERS AS DATA CONTROLLERS: The EU Data Protection Directive 95/46/EC (DPD) defines a “data controller” broadly to refer to the ‘natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law.’
Note: The Country in which you live and work may classify you as a Data Controller. If you are so classified, you may need to pay a fee and register as a Data Controller. youbloom suggests that you become familiar with this issue in your Country and take appropriate action based on your Country’s laws and regulations. youbloom will not register any of its users as Data Controllers as this is your individual responsibility. There is usually only one official Data Registrar in each Country, so make sure you are registering with the official agency for your Country. Assuming that the DPD applies to youbloom and Artists using youbloom, youbloom and Artists can be considered joint Data Controllers. youbloom controls data it receives and stores from Users. Likewise, Artists are Data Controllers in that they receive and have control over data received from Friends and/or Users through their use of youbloom’s services. Artists retain ownership of their Data on youbloom, but youbloom and the Artist jointly control Data for youbloom services, email, advertising etc. youbloom has made significant efforts to safeguard the data and privacy of all Users of youbloom and to require the safeguarding of data by Users including the following:
Individual User data is protected and never released without the User’s authorization.
youbloom’s Terms and Conditions require that Users agree to the following:
You represent and warrant that: (i) you own the Content posted by you on or through the services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the services.
You further represent and warrant that:
You have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Us the nonexclusive licenses set forth herein.
No other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Us the nonexclusive licenses set forth herein
Your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any new arrangements in cover versions of “samples” or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials.
Your Materials do not otherwise infringe on the intellectual property rights of any person or entity.
Neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
You have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers. You agree to sign and deliver to youbloom any additional documents that may be requested to confirm youbloom’s rights and your warranties and representations under this Agreement. Moreover, you acknowledge that youbloom is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify youbloom, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
All representations, warranties or covenants made herein by you shall survive termination of this Agreement. All warranties and representations made by you herein are made for the benefit of youbloom and its sub-licensees and may be enforced separately by youbloom and/or by any contractually designated sub-licensee of youbloom.”
youbloom takes the safeguarding of User data very seriously and makes every attempt to comply with all laws and regulations regarding the safeguarding of data. We likewise encourage Artists to take the safeguarding of Friend’s data seriously and to exercise every available caution to protect the confidentiality of such data.
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to youbloom or any content on it, whether express or implied.
Subject to the preceding sections above, we are not responsible for any user’s losses or damages, even if foreseeable, arising under or regarding to:
1. Use of, or inability to use, the youbloom platform.
2. Any changes that youbloom may make to the youbloom platform or any part thereof.
3. Any action taken against you by a third party with respect to any alleged infringement of such third party’s rights relating to the Content or your use of youbloom.
4. Any errors or omissions in youbloom’s technical operation, or from any inaccuracy or defect in any Content or any information relating to the Content.
5. Your failure to provide youbloom with accurate or complete information, or your failure to keep your email address or password suitably confidential.
6. Any loss or damage to any computer hardware or software, any loss of data (including the Content), or any loss or damage from any security breach.
7. Any loss of profits, consequential or special loss; or
8. Use of or reliance on any content displayed on youbloom.com.
ARTIST TO ARTIST MATCHING
1. youbloom will provide ARTIST(S) with information on other ARTIST(S) to encourage ARTIST(S) to perform together and/or co-market with each other.
2. If both ARTIST(S) accept the match, ARTIST(S) are committing to promoting their match on social media over 4 weeks.
At the end of the co-marketing period, ARTIST(S) will be rated based on the quality and creativity of the posts, as well as if the posts were evenly spread out over the week and during peak times.
3. By completing the ARTIST(S) registration, you agree that all data you provide is about you, and is accurate and up-to-date. You agree to notify us with any changes or additions to data you have previously submitted as soon as practicable. We reserve the right to refuse or lock accounts at our sole discretion.
4. youbloom will not be liable for any loss or damage suffered because of any delay in completion, errors, damage, or other unexpected events resulting from Artist to Artist Matching.
RATINGS:
1. youbloomConnect allows fans, artists, and hosts to rate each other and events.
2. Rating forms should be regarded as survey tools and do not include any further offers, invitations or incentives whatsoever.
3. We reserve the right to adjust, refuse or remove ratings at our sole discretion.
MISCELLANEOUS: This Agreement does not constitute a partnership, franchise, joint venture or employment relationship between the parties. This Agreement may not be amended or modified in any way except by a written amendment to this Agreement duly executed by the parties. Any notice from one party to the other shall be deemed given when delivered to, by first class certified mail, return receipt requested, the Company name and address listed, or to such other person and/or address as may be designated from time to time in writing. If at any time any one or more of the provisions hereof or any part thereof is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. It is agreed by the parties that a court of competent jurisdiction may sever any such invalid, illegal or unenforceable provision. The parties agree that should any provision of the Agreement be invalid or unenforceable, then they shall forthwith enter into good faith negotiations to amend such provision in such a way that, as amended, it is valid, legal and enforceable and to the maximum extent possible carries out the original intent of the parties as to the matter or matters in question. This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument. This Agreement contains all of the terms agreed upon by the parties with respect to the subject matter hereof and there are no representations or understandings between the parties except as provided therein. No waiver of a breach of, or default under, any provision of this Agreement shall be deemed a waiver of any other breach of default under any provision of this agreement.
DISPUTES AND GOVERNING LAW: Any dispute about or involving the Website or Services or arising out of or under or in connection with this Agreement shall first be attempted to be resolved by the parties through mediation, administered by a recognized mediator in Ireland selected by youbloom. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved dispute shall be settled by arbitration in Dublin, Ireland using an arbitrator nominated by youbloom or in the event of any disagreement notified to youbloom within 10 days of such arbitrator being selected, using an arbitrator selected by the President for the time being of the Law Society of Ireland. The Irish Arbitration Acts, 1954-2010 as same may be amended, replaced or restated from time to time shall apply to such arbitration. The number of arbitrators shall be one and the language of the arbitration shall be English. THIS AGREEMENT TO ARBITRATION CONSTITUTES A WAIVER OF YOUR RIGHT TO TAKE CIVIL LEGAL PROCEEDINGS. This Agreement shall be governed by Irish law, without regard to conflict of law provisions. Subject to the preceding arbitration provision, you and youbloom agree to the exclusive jurisdiction of and Venue of the courts of Ireland and agree that these are convenient forums.
CONTACT US
Please email:
customersupport@youbloom.com
Or write to
youbloom
13 Classon House
Dundrum Business Park
Dublin D14 X9F9
Ireland
