Terms of Use

Terms of Use!

 Welcome to the marketbloomer.com, website. Please review the following terms concerning your use of this site. Your use of other products or services from marketbloomer.com may be governed by different or additional terms and conditions. Entire contents copy right 2012–2016 marketbloomer.com all rights reserved. All text, electronic documents, graphic, audio, video and other content published on this site are protected by United States and International copy right laws. Distribution or publication of any of this site’s content in any form without prior written permission of marketbloomer.com is expressly forbidden. marketbloomer.com, provides a collection of online resources, including banner’s ads, general ads, classified ads and various messaging services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By using the Service or Services in any way, you are agreeing to comply with the Terms. In addition, when using particular marketbloomer.com services, you agree to abide by any applicable guidelines for all marketbloomer.com services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with marketbloomer.com in any way, your only recourse is to immediately discontinue use of marketbloomer.com website. marketbloomer.com has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution. 

Modifications to this Agreement!

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Contents!

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person person’s and/or the entity from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that marketbloomer.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the marketbloomer.com site and Content available through the Service may contain links to other websites, which are completely independent of marketbloomer.com. 

Representation or Warranty!

marketbloomer.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will marketbloomer.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that marketbloomer.com does not pre-screen or approve Content, but that marketbloomer.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. 

Third Party Content, Sites, and Services!

The marketbloomer.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of marketbloomer.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that marketbloomer.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that marketbloomer.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release marketbloomer.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Links to Third Party Sites!

marketbloomer.com website may contain hyperlinks to websites that are not controlled by marketbloomer.com marketbloomer.com is not responsible for and does not endorse or accept any responsibility over the contents or use of these websites, including without limitations, the accuracy or reliability of any information’s, date opinions, advice or statements made on these websites.

 Notification of Claims of Infringement!

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify marketbloomer.com agent for notice of claims of copyright or other intellectual property infringement (“Agent”), Please provide our Agent with the following Notice:

(1) Identify the material on the marketbloomer.com site that you claim is infringing, with enough detail so that we may locate it on the website;

(2) A 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;

(3) A statement by you declaring under penalty of perjury that

(A) the above information in your Notice is accurate, and

(B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

(C) Your address, telephone number, and email address; and

(D) Your physical or electronic signature. marketbloomer.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Privacy and Information Disclosure!

marketbloomer.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at Privacy Policy Section:

Your use of the marketbloomer.com website or the Service signifies acknowledgement of an agreement to our Privacy Policy. You further acknowledge and agree that marketbloomer.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of marketbloomer.com its users or the general public.

Conduct, “You agree not to”!

You agree not to post, email, or otherwise make available Content:

(1) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

(2) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to any kind of sex;

(3) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(4) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

(5) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

(6) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

(7) that impersonates any person or entity, including, but not limited to, a marketbloomer.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

(8) That includes personal or identifying information about another person without that person’s explicit consent;

(9) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;

(10) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(11) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

(12) that constitutes or contains any form of advertising or solicitation if: posted in areas of the marketbloomer.com sites which are not designated for such purposes; or emailed to marketbloomer.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

(13) That includes links to commercial services or websites, except as allowed in “services”;

(14) That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the Advertise with Us.

 

(15) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(16) That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

(17) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

(18) “Stalk” or otherwise harass anyone;

(19) collect personal data about other users for commercial or unlawful purposes;

(20) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by marketbloomer.com;

(21) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(22) Post the same item or service in more than one classified category or in more than one metropolitan area;

(23) attempt to gain unauthorized access to marketbloomer.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the marketbloomer.com website; or

(24) use any form of automated device or computer program that enables the submission of postings on marketbloomer.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by marketbloomer.com or

(25) use any form of automated device or computer program (“flagging tool”) that enables the use of marketbloomer.com “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

Posting Agents!

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on marketbloomer.com resources, you may not use a Posting Agent to post Content to the Service without express permission or license from marketbloomer.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from  marketbloomer.com.

No Spam Policy!

Any unauthorized use of marketbloomer.com computer systems for sending unsolicited email advertisements to marketbloomer.com email addresses or through marketbloomer.com computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

The CAN-SPAM Act of 2003!

CAN SPAM ACT “Controlling the Assault of Non-Solicited Pornography and Marketing Act” establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask mailers to stop spamming them. The above mail is in accordance to the Can Spam act of 2003: There are no deceptive subject lines and is a manual process through our efforts on World Wide Web.

Paid or Unpaid Postings!

We may charge a fee to post Content or Banners in some areas of the website and/or Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.

Limitations on Services!

You acknowledge that marketbloomer.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that marketbloomer.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that marketbloomer.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that marketbloomer.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access to the Services!

marketbloomer.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by marketbloomer.com. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

marketbloomer.com offers various parts of the Service in RSS format (if available) so that users can embed individual feeds into a website, or view postings through third party software news aggregators. marketbloomer.com permits you to display, excerpt from, and link to the RSS feeds on your website, provided that;

(A) Each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,

(B) You provide, adjacent to the RSS feed, proper attribution to ‘marketbloomer.com’ as the source,

(C) your use or display does not suggest that marketbloomer.com promotes or endorses any third party causes, ideas, websites, products or services, and

(D) Your use does not overburden marketbloomer.com systems. marketbloomer.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by marketbloomer.com immediately terminates said permission or license.

Cookies!

marketbloomer.com.com website’s server, or the servers of companies that are used to operate this site, may place a “cookie” on your computer in order to allow you to use the website and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies allow marketbloomer.com.com to recognize your computer while you are on its website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website. The advertisers and/or other content providers that may appear on this website may also use cookies that are not sent by marketbloomer.com.com website. Such ads or content may contain cookies that help track and target the interests of users of this website in order to present “personalized” advertisements or other messages that the user might find interesting. marketbloomer.com.com is not responsible for any such cookies. Most web browser applications have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.

DMCA Notice; (Digital Millennium Copyright Act)!

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel. This website (see our website’s Terms & Conditions of use for including all text, HTML, scripts, and images are copyrighted and owned by marketbloomer.com.com. The owner (Company) of this website and the ISP are committed to complying with International Trade Law, International Trade Practices, all United States Laws, including United States Copyright Law. Upon receipt of a properly field complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP of this website will forward a copy of the notification of claimed copy write infringement to the alleged infringer. Anyone who believes in good faith that a notice of copy write infringement has wrongfully been filed against them may submit a counter notice to the website owner and/or the ISP.

Termination of Services!

You agree that marketbloomer.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service or services (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if marketbloomer.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that marketbloomer.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. 

Proprietary Rights!

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of marketbloomer.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of marketbloomer.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although marketbloomer.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to marketbloomer.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses “through multiple tiers” of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant marketbloomer.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Intellectual Property and Trade Marks!

We own, or are the licensee to, all right, title and interest in and to this application, including all rights under patent, copy right, trade secret trade mark, or and any and all other proprietary rights. All other trademarks, products, trade names and logos used within this site are the property of their respective owners or holders.

Disclaimer of Warranties, Limitation of Liability!

While every effort is made to ensure the accuracy of content offered on this website marketbloomer.com shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. You agree that use of the marketbloomer.com site and the service is entirely at your own risk. The marketbloomer.com site and the service are provided on an “AS IS” or AS AVAILABL” Basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchant ability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, marketbloomer.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the marketbloomer.com site and service or services, to the fullest extent permitted by law, marketbloomer.com disclaims any warranties for other services or goods received through or advertised on the marketbloomer.com site or the sites or service, or accessed through any links on the marketbloomer.com site. To the fullest extent permitted by law, marketbloomer.com disclaims any warranties for viruses or other harmful components in connection with the marketbloomer.com site or the service. This website could include in accuracies or outdated content and is subject to change at any time without notice. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they related to implied warranties. Under no circumstances shall marketbloomer.com be liable for direct, indirect, incidental, special, consequential or exemplary damages “even if marketbloomer.com has been advised of the possibility of such damages”, resulting from any aspect of your use of the marketbloomer.com or the services, whether the damages arise from use or misuse of the marketbloomer.com site or service or services, from in ability to use the marketbloomer.com site or  the interruption, suspension, modification, alternation, or termination of the marketbloomer.com site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the marketbloomer.com site or the service or any links on the marketbloomer.com site, as well as by reason of any information or advice received through or advertised in connection with the marketbloomer.com site or the service or any links on the marketbloomer.com site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity!

You agree to indemnify and hold marketbloomer.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General Information!

The Terms constitute the entire agreement between you and marketbloomer.com and govern your use of the Service, superseding any prior agreements between you and marketbloomer.com. The Terms and the relationship between you and marketbloomer.com shall be governed by the laws of the State of New York, NY, United States of America without regard to its conflict of law provisions. You and marketbloomer.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Manhattan, New York, USA. The failure of marketbloomer.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation of Terms and Liability!

Please report any violations of the Terms by flagging the posting(s) for review, or by Contacting Us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for marketbloomer.com to pursue legal action to enforce these Terms, you will be liable to pay marketbloomer.com damages for the specified breaches of these Terms:

  1. violate any laws or the marketbloomer.com policies;
  2. be false or misleading or otherwise misrepresents your affiliation with a person or entity;
  3. infringe any third-party right;
  4. if you post a listing ad and/or a message that impersonates any person or entity;
  5. distribute or contain spam, chain letters, or pyramid schemes;
  6. Distribute viruses or any other technologies that may harm linktic.com site or interests, property of marketbloomer.com and/or third party sites;
  7. Impose an unreasonable load on our infrastructure or interfere with the proper working of marketbloomer.com site;
  8. Copy, modify, or distribute any other person’s and/or entities content without their consent;
  9. Use any robot, spider, scraper or other automated means to access marketbloomer.com and collect content for any purpose without our express written permission;
  10. Harvest or otherwise collect information about others, including email addresses, without their consent;
  11. Bypass measures used to prevent or restrict access to marketbloomer.com site.
  12. If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these Terms without marketbloomer.com express written permission,

Export Control – “Local Laws for Global Users”!

marketbloomer.com controls and operates from its headquarters in United States of America (USA) and the contents or Martials may not be appropriate or available for use in other countries or locations. If you use this website outside the United States, you are solely responsible for compliance with all the applicable local, State/Province or Federal Laws.

Submissions!

All comments, Feedback, information or materials submitted to marketbloomer.com through or as a result of this website (“Submissions”) to marketbloomer.com property. By providing such submissions to marketbloomer.com you agree to assign to marketbloomer.com at no charge, all worldwide rights, title and interest in copy rights and other intellectual property rights to the submissions. marketbloomer.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, and that you have full responsibility for the submissions, including their legality, reliability, appropriateness, originality and copy right.

Feedback or Suggestions!

We welcome your questions, opinion, comments, concern or suggestions at feedback@marketbloomer.com.