Last updated: October 12, 2024
Welcome to Bloom Music, Inc. ("OTHR", "we," "us," "our"), a Delaware corporation. Our operations include the website www.othr.io (the "Site") and any related offerings that reference these Terms of Use (collectively, the "Services"). Should you wish to connect with us, we invite you to email info@othr.io.
By accessing or utilizing the Services, you, whether acting individually or on behalf of an entity ("you"), enter into a binding contract with Bloom Music, Inc. based on these Terms of Use. Your use of the Services signifies your comprehensive understanding and unequivocal acceptance of these terms. Should these Terms of Use not reflect your agreement, we must insist that you refrain from using the Services.
We may occasionally amend these Terms of Use, which will be indicated by an updated "Last updated" date. By continuing to use the Services after revisions are made, you accept and agree to the changes. Please review these terms regularly to ensure you are informed of any updates.
The Services are designed for individuals who are at least 18 years of age. If you are under 18, please do not use or register for the Services. For your convenience, we suggest keeping a printed copy of these Terms of Use for your records.
Our Services are not crafted for dissemination or engagement by individuals or entities in any jurisdiction or country where such distribution or engagement would conflict with law or regulation, or impose on us any registration obligation within such jurisdiction or country. Those choosing to access the Services from other locales are doing so of their own volition and are solely responsible for adherence to applicable local laws.
In alignment with these Terms of Use, which include the forthcoming "PROHIBITED ACTIVITIES" section, we extend to you a limited, non-exclusive, non-transferable, revocable license to make use of the Services for your private, non-commercial endeavors, or for purposes internal to your business.
Apart from stipulations explicitly mentioned in these Terms of Use or detailed elsewhere within them, you may not duplicate, replicate, compile, republish, upload, display, encode, translate, broadcast, distribute, sell, license, or otherwise exploit any aspect of the Services or any content or marks for commercial ends without our explicit and prior written consent. We retain all rights not explicitly granted to you pertaining to the Services, their content, and marks. Violating these Intellectual Property Rights is considered a fundamental breach of our Terms of Use, which will result in an immediate cessation of your right to use our Services.
In engaging with our Services, you affirm and pledge that: (1) you possess the legal standing and agree to abide by these Terms of Use; (2) you are not under the legal age in your place of residence; (3) your access to the Services will be direct and not via any form of automated agent like scripts or bots; (4) you will not engage in any unlawful activities or misuse the Services; and (5) your usage will be in full compliance with all relevant laws and regulations. Should any information you provide prove false, incomplete, or outdated, we reserve the right to halt or terminate your access and refuse future use of our Services, entirely or partially.
The Services are made available for purposes explicitly sanctioned by us, and you must not use them in any manner that we have not expressly authorized, especially for commercial gains unless we have specifically sanctioned such activities. As a Service user, you must refrain from:
Unauthorized Access and Use:
Misuse of Content and Data:
Disruption of Services and Networks:
Violation of Laws and Regulations:
Abuse of Support and Staff:
General Misconduct:
Our Services may provide you with access to, or present you with, links to websites owned by third parties ("Third-Party Websites") as well as content such as articles, images, text, graphics, and multimedia from outside sources ("Third-Party Content"). We do not conduct in-depth reviews or monitor Third-Party Websites or Third-Party Content for precision, suitability, or completeness, and our provision of such links does not signify our endorsement. We accept no responsibility for the content or policies of these Third-Party Websites or Third-Party Content, nor for their accuracy, offense, views, dependability, or any aspect of their privacy practices. Should you elect to exit our Services to use or install Third-Party Content, or to access Third-Party Websites, you do so at your own discretion and should note that our Terms of Use no longer apply. We encourage you to carefully review the terms and privacy policies of any Third-Party Websites or content providers. We bear no liability for any transactions or interactions made with Third-Party Websites, which are solely between you and the respective third party. You acknowledge that we do not sanction the offerings on Third-Party Websites, and you agree to release us from any damage that arises from your purchase of such products or services, as well as any loss or harm that may result from your interaction with Third-Party Content or Websites.
While we retain the right, we are not obligated to: (1) oversee the Services for breaches of these Terms of Use; (2) pursue legal action against individuals who, as determined by us, violate these Terms of Use or the law, including reporting such individuals to law enforcement; (3) at our discretion, decline, limit, or withdraw access to any user contributions; (4) remove or disable, as technology allows, any content that imposes an undue burden on our systems; and (5) manage the Services in a manner that secures our rights and property while ensuring the Services function smoothly.
For details on our practices regarding the collection, utilization, sharing, and processing of your personal data, refer to our Privacy Notice.
These Legal Terms are effective and binding upon your use of the Services. We reserve the right to deny service and access to the Services to anyone at our discretion, without notice or liability, for any reason including but not limited to violations of these Legal Terms, warranties, or any relevant laws or regulations. We can end your access or participation in the Services or remove your content anytime, without prior notice, at our sole discretion.
Should your account be terminated or suspended, you are forbidden from creating a new account under your name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. We also reserve the right to take legal action, including civil, criminal, and injunctive remedies.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We have the authority to alter, modify, or delete the contents of the Services without notice and at our sole discretion, although we are not obligated to maintain or update any information. We will not be held accountable for any changes, pricing modifications, suspensions, or discontinuation of the Services.
The availability of the Services is not guaranteed to be uninterrupted or error-free. We may need to perform maintenance or experience issues that could result in delays, interruptions, or errors. We may modify, suspend, or discontinue the Services without notice at any time for any reason. We are not liable for any loss, damage, or inconvenience caused by any service downtime. These Legal Terms do not commit us to maintain, support, provide updates, or release new versions of the Services.
These Terms and any related actions are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, excluding conflict of law principles
Binding Arbitration
Should informal negotiations fail, any disputes, with certain exceptions, will be resolved exclusively by binding arbitration. This clause means that you waive the right to sue in court and have a jury trial. Arbitrations are to be conducted according to the Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), accessible on their website. Arbitration costs and fees will be determined by the AAA Consumer Rules. Arbitrations may occur in person, through document submission, by phone, or online, and the arbitrator's written decision is final unless it deviates from applicable law, in which case it can be contested. Arbitrations will generally be held in Delaware, USA, unless the law requires otherwise. The parties can go to court to force arbitration, stay pending arbitration, or to confirm, modify, or vacate an arbitrator's award.
If a dispute goes to court rather than arbitration, it will be brought in state and federal courts in Delaware, USA, and both parties waive any objections to such jurisdictions. The United Nations Convention on Contracts for the International Sale of Goods and UCITA do not apply to these Terms. Should any part of this arbitration agreement be deemed illegal or unenforceable, that part will not be subject to arbitration, and the dispute will be decided in the courts of Delaware, to which the parties consent to personal jurisdiction.
Arbitrations must be conducted between the parties themselves without any others; there is no provision for any class-action or representative arbitration or litigation.
Disputes concerning a party's intellectual property, theft, piracy, invasion of privacy, unauthorized use, or claims for injunctive relief are not subject to arbitration. If this exception clause is deemed unenforceable or illegal, then those disputes will also be resolved in the courts of Delaware, with the parties submitting to that jurisdiction.
It's acknowledged that there may be typographical mistakes, inaccuracies, or missing information in the Services, including but not limited to product descriptions, pricing, and availability. We reserve the right to amend any errors, inaccuracies, or omissions and to update information at any given time without prior notification.
The services are provided "As is" and "As available." you agree that your use of the services is at your sole risk. To the greatest extent permitted by law, all warranties, whether express or implied, are disclaimed, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy or completeness of the content provided as part of the services or any content of websites linked to the services. We shall not be liable for (1) any errors, mistakes, or content inaccuracies, (2) any personal injury or property damage resulting from your access to and use of our services, (3) any unauthorized
Access to or use of our servers and/or any personal or financial information stored on them, (4) any interruption or cessation of transmission to or from our services, (5) any bugs, viruses, or the like transmitted to or through our service by any third party, and/or (6) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the services. We do not endorse or guarantee any products or services advertised or offered by a third party through the services or any linked website and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. You should use your judgment and exercise caution where appropriate when purchasing any product or service.
We, including our directors, employees, or agents, will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for lost profits, lost revenues, loss of data, or other losses arising from the use of the services, regardless of whether we were advised of the possibility of such damages. Our liability to you for any reason and under any legal theory will be limited to the amount you have paid to us, if any. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you, and you may have additional rights.
As a user of our Services, you agree to safeguard us, encompassing our subsidiaries, affiliates, officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including the costs of legal representation and associated expenses, which might be asserted by a third party as a consequence of your actions. This includes, but is not limited to, your utilization of the Services, any failure to adhere to these Terms, any violation of the promises you make under these Terms, infringement on third-party rights, especially intellectual property rights, or any intentional misconduct towards another user of the Services. Should we find ourselves in a position to defend against any such claims, we reserve the right to take over the defense at your expense. We ask for your cooperation with our defense efforts, and we pledge to inform you promptly of such occurrences when we are made aware.
We hold onto certain information that you send through the Services in order to optimize their functionality, as well as data regarding your interaction with the Services. Despite our regular backup routines, the onus of safeguarding your transmitted data or data associated with your activities lies with you. We bear no responsibility for any potential data loss or corruption, and by using our Services, you relinquish the right to pursue legal action against us for any related data loss or corruption.
Your interactions with the Services, whether it be through visiting, emailing, or filling out online forms, are recognized as electronic communications. By engaging in these actions, you consent to receive corresponding electronic responses from us and acknowledge that any contracts, notices, disclosures, and other dialogues provided electronically satisfy legal written requirements. You also embrace the use of electronic records and signatures for any transactions, orders, or agreements initiated or completed with us or through the Services. This constitutes a waiver of any legal entitlements that necessitate non-electronic signatures, the retention of physical records, or any other non-electronic transactional methods.
The Terms laid out here, along with any supplementary guidelines we provide concerning the Services, forge the comprehensive agreement between you and us. Our decision not to enforce any aspect of these Terms does not imply a waiver of our rights. These Terms are executed within the permissible scope of relevant law. We hold the discretion to transfer our rights and obligations to others. We are not accountable for any failures or delays caused by events outside of our reasonable control. Should any part of these Terms be deemed unlawful or unenforceable, that portion shall be considered separate from the remainder, which remains valid and enforceable. Our relationship is purely that of independent entities; no joint venture, partnership, employment, or agency relationship is established by these Terms or your use of the Services. The drafting of these Terms shall not be construed unfavorably against us. You forfeit any defenses that may arise from the electronic nature of these Terms and the lack of signatures by the parties to formalize these Terms.
For any inquiries or feedback regarding the Services, or to address a complaint, please reach out to us at:
The OTHR Team
info@othr.io