youbloom - Terms & Conditions

Terms & Conditions

youbloom Terms & Conditions

youbloom.com is provided by youbloom (Republic of Ireland company number 469095), 29/31 Glasthule Road Co. Dublin, Ireland and its corporate affiliates and/or subsidiaries (collectively 'We', 'Us', 'Our', 'youbloom', or 'the Company'). The Services offered by youbloom include youbloom.com ("Website"), the youbloom Music Awards, the youbloom Music Awards LIVE program, and youbloom A&R, youbloom @ Dublin (as well as any additional youbloom@ in other cities/locations) and any other features, content, or applications and software offered, from time to time, in connection with that Website, including, but not limited to 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").

Points for Your Immediate Consideration:

You will continue to own your music and your masters, but you are granting Us certain non-exclusive rights to use your music.
At youbloom the Artist owns their data, and as the owner of the data is a Data Controller. Likewise, youbloom has control of data for managing youbloom and your services on youbloom, but treats such data as solely owned and controlled by the Artist. Thus, youbloom and Artists, at times, are joint Data Controllers. (See information on being a Data Controller later in this document.)
This agreement does not affect your ability to sign a record deal since it is non-exclusive and revocable by you.
You may terminate this agreement and cancel your account at any time.

This 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 accepting to use youbloom.com.

Terms of Service

By accessing and using the youbloom.com website or the mobile version thereof ("Services"), you (the "User") signify that you accept and agree to be legally bound by the following terms and conditions ("Agreement") and by all applicable local, national and international laws and regulations. This legally binding Agreement applies to a "Member" (meaning that you have registered with youbloom) or a "Visitor"(meaning that you have not yet registered). Both "Member" and "Visitor" are collectively referred to by the term "User".

Please read this document carefully and save it as it contains important information with respect to your legal rights, remedies and obligations which incorporate limitations and exclusions together with a dispute resolution clause outlining how disputes will be resolved.

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 Services. Your continued use of the 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.

Registration and Eligibility

You must be at least 14 years of age to use our Services. Care should be taken in choosing the information you post on the Website 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 14 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 will 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 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

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.com 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 User name 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 Contact us at the bottom of any youbloom page.

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. 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. Should an account be deleted, any funds due to the User at time of deletion will be refunded by youbloom to the User. Any funds due to youbloom at time of deletion will be invoiced to the User and User may be subject to collection should the invoice not be paid within 30 days of billing. If we terminate your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.

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.

Fees

You acknowledge that youbloom reserves the right to charge for the Services and to change its fees from time to time in its discretion [and such revised fees will be posted on the youbloom.com website]. If we terminate your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.

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.

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 sublicensees) 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 sublicensees 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, 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 Photo, Video and Film Release

In consideration of youbloom accepting Contestants/Participants in the youbloom Music Awards and/or youbloom LIVE events and/or any youbloom events of any kind and any other good and valuable considerations, receipt of which is hereby acknowledged, Contestant/Participant, being of legal age, hereby gives youbloom, their licensees, successors, legal representatives, and assigns the absolute and irrevocable right and permission to use Contestant’s/Participant’s name and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photography images and/or moving pictures and/or videotaped images of Contestant/Participant with or without Contestant’s/Participant’s voice, or in which Contestant/Participant may be included in whole or in part, photographed, taped, videotaped, and/or recorded during the youbloom Music Awards and/or youbloom LIVE events and thereafter, and to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. Contestants/Participants also consent to the use of any printed matter in conjunction therewith.

Contestant/Participant hereby waives any right (including moral rights where applicable) that Contestant/Participant may have to inspect and/or approve the finished product or products or the editorial, advertising, or printed copy or soundtrack that may be used in connection therewith and any right that Contestant/Participant may have to control the use to which said product, products, copy and/or soundtrack may be applied.

Contestant/Participant hereby releases, discharges and agrees to save youbloom, their licensees, successors, legal representatives and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise that may occur or be produced in the making, processing, duplication, projecting or displaying of said picture or images, and from liability for violation of any personal or proprietary right that Contestant/Participant may have in conjunction with said pictures or images and with the use thereof.

Buying and Selling on youbloom

youbloom will charge for services and merchandise on line, such as youbloom@Dublin (a music conference event) and youbloom merchandise (e.g., t-shirts, cups).

Artists may choose to make their physical and/or digital work/products available for purchase by youbloom Registered Members and/or Registered Users, hereinafter referred to as “Buyers”. The relationship between Buyers and Sellers is directly between them as facilitated by youbloom. In no case does youbloom become the legal representative of either Buyer or Seller in the transaction. However, youbloom may accept payment from buyers on behalf of sellers, withhold and pay any appropriate sales taxes as legally required, withhold youbloom fees, credit card and/or PayPal fees and distribute net proceeds to seller. Refer to “Notices for International Use” below for sales to or in other countries.

youbloom permits individuals or entities that are youbloom “Buyers” to purchase songs or physical products that other youbloom Members have chosen to make available for sale on youbloom. Members may sell songs/videos or other digital/physical products via permanent digital download, streams or burns, as individual tracks or as whole albums or by posting digital/physical products for sale on youbloom. BUYERS MAY ONLY PURCHASE PRODUCTS FOR INDIVIDUAL USE, UNLESS OTHERWISE NEGOTIATED DIRECTLY WITH THE ARTIST FOR APPROPRIATE RIGHTS AND LICENSES.

You will need to have Internet access to use these services. In addition, you’ll need to have appropriate equipment to download and listen to music/video/digital files. To purchase from Artists, you are encouraged to sign up as a youbloom Registered Member. However, Membership is not required to purchase digital and/or physical goods from “Artists”. All “Registered Users” and/or Registered Members are governed by this agreement and are required to accept the terms of this agreement prior to purchasing any digital and/or physical products, goods or services through youbloom. Members may make purchases utilizing by direct payment to the Artist as required by the Artist.

Payment For Services

To purchase digital and/or physical goods or services from youbloom or youbloom Artists you may pay using PayPal, credit cards or in such other form as required by youbloom. You may be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Such information will be treated by youbloom in the manner described in our Privacy Policy. You represent that all information that you provide to youbloom or our Artists/Merchants will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You are solely responsible for paying any duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of youbloom for the purchase (or sale) of digital and/or physical goods or services from Artists. However, if required, youbloom will include VAT/sales tax in its calculation of purchases by buyers from sellers, withhold and pay such tax as appropriate to taxing authorities and distribute the net (less youbloom fees, which include credit card/PayPal fees) to you as seller. Your physical products may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient's responsibility.

You will not hold youbloom responsible for other users' actions or inactions, including things they post. You acknowledge that youbloom is a venue to allow anyone to offer, sell, and buy digital and/or physical products offered for sale by Artists, at anytime, from anywhere, in a variety of pricing formats. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of your local law on this subject. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of youbloom. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party will at all times be limited to the amount paid, if any, by you to youbloom for the services during the term of membership.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Buyers Beware and Be Smart

You are responsible for reviewing the Artists terms of sale including price, method of payment, refunds, shipping, warranties and who to contact should your download fail, be incomplete or if your physical product is not received when promised. Remember your relationship is directly with the Seller for the transaction though facilitated by youbloom. Make sure you are correctly selecting the music/product that you want. Please contact the Seller immediately if you have trouble with a download or the delivery of a physical product. Downloads should be immediate upon sale, but physical products may take several weeks for shipment (Check the Artist’s information on shipping times and choices).

youbloom wants to know if a particular Artist/Seller is not serving their customers well. Therefore, if you have made unsuccessful attempts to resolve a download problem or physical product problem please contact youbloom for assistance via customersupport@youbloom.com. We immediately want to know if physical or digital products you order/purchase are not as they were advertised.

If you choose to delay downloading a product, you hereby understand and assume the risk that the Artist may modify the product and you shall have no right to the product in its original form or in any version other than that which is available at the time of download. You also agree to accept the product as modified by the Artist, if the product has been modified by the Artist between the time of rendering payment and the time you attempt to download the product.

Artists Be Honest and Customer Service Oriented

Your customers are your fans and fellow Artists. Therefore youbloom expects you to deal fairly in your transactions. Fairness in transactions means that you are advertising/posting digital/physical products that are as advertised to Buyers. Be clear about your policy of accepting forms of payment for purchases. Have information on shipping, warranties and what to do if a download or physical product delivery goes wrong.

Contact youbloom at customersupport@youbloom.com immediately if your customer had problems with a download and you think that the problem lies with youbloom’s Services. We will do our best to resolve any such problems as quickly as possible.

Great customer service builds customer loyalty and is one key to your success!

Review the sections of this agreement that pertain to your promises of content ownership, “Proprietary Rights in Content on youbloom” and particularly the section “Content from Users”. We will hold you responsible for being in compliance with those sections.

youbloom's Services 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, nonsublicensable 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, youbloom reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number that youbloom deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to youbloom, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay youbloom $100 for each such unsolicited email or other unsolicited communication you send through the Services;
Covering or obscuring the banner advertisements on your personal profile page, or any youbloom page via HTML/CSS or any other means;
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;
For band profiles, copying our proprietary code for your profile and embedding it into other profiles or asking other Members to embed it into their profiles;
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, 29/31 Glasthule Road Co. Dublin, Ireland and email:copyrightagent@youbloom.com.

Revenue

You agree not to use automated means to generate revenue from the Website or Services.

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, misdelivery 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 event, 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.

Limitation of Liability

IN NO EVENT SHALL YOUBLOOM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUBLOOM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

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.

Indemnity

You agree to indemnify and hold youbloom, its Parents, all subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes liability to another.

YOUBLOOM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY YOUBLOOM, EFFECTIVE IMMEDIATELY UPON POSTING NOTICE OF SUCH CHANGES ON THE SITE. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR USE OF YOUBLOOM AS PROVIDED ABOVE. YOUR CONTINUED USE OF YOUBLOOM FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of youbloom. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

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 Site 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 Artists 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.

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 email services are controlled to require that email recipients must "Opt-In" to join email lists or to receive email from Artists. youbloom further has stringent Anti-Spam policies in place.

Any release of Data by youbloom or Artists is governed by User decision and requires User agreement for such release.

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.

In the United States

Products, including software, made available through the Site or any Service are further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through youbloom or any Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or any Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such Service or product that we provide.

U.S. Export Controls

Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

youbloom Email Guidelines and Policies

youbloom encourages the free flow of creative ideas between all users of youbloom as long as all users comply with the following follow the following requirements:

youbloom Spam Policy

youbloom has a zero tolerance policy regarding spam. youbloom will actively monitor large import lists and emails going to a large number of contacts. youbloom will immediately terminate access to Services for any user found to be using youbloom for Spam. All users are asked to notify us immediately at emailabuse@youbloom.com. Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, youbloom will terminate the customer's account.

What is Spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Isn't there a law against sending spam in the United States?

The federal anti-spam law went into effect on January 1st, 2004, and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How to protect yourself from spam: Take the Spam Test

1.Are you importing a purchased list of ANY kind?
2.Are you sending to non-specific addresses such as: Sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses?
3.Are you sending to distribution lists or mailing lists, which send indirectly to a variety of email addresses?
4.Are you mailing to anyone who has not explicitly agreed to join your mailing list?
5.Have you falsified your originating address or transmission path information?
6.Have you used a third party email address or domain name without their permission?
7.Does your email's subject line contain false or misleading information?
8.Does your email fail to provide a working link to unsubscribe? youbloom automatically takes care of this issue for Users.
9.Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request? youbloom will automatically process unsubscribe requests that come to Users.

If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact youbloom support via customersupport@youbloom.com

Miscellaneous

This Agreement is accepted upon your use of the Website or any of the services and is further affirmed by you becoming a Registered User. This Agreement does not create any partnership, joint venture or agency relationship, or any fiduciary or confidential relationship between you and youbloom. This Agreement constitutes the entire agreement between you and youbloom regarding the use of the Services. Only youbloom may modify this Agreement; such modification must be in writing (for this purpose writing shall be deemed to include posting on the youbloom.com website) and is deemed accepted by you by your use (after the modification) of the Website or any of the Services or continued Membership after the modification. The failure of youbloom to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.