Terms Of Service
Last Updated: January 1 2024
If you do not agree to the Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by Australian, US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission.
License, and Use
BlueBloomMedia grants you a non-exclusive, non-transferable license to use information contained in this site subject to these Terms and Conditions.
You agree to use information obtained from this site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the information (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only.
Liability
The information on this site are provided “as is” and without warranties of any kind either express or implied. BlueBloomMedia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BlueBloomMedia does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BlueBloomMedia does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BlueBloomMedia assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall BlueBloomMedia be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BlueBloomMedia or a BlueBloomMedia authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BlueBloomMedia’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to BlueBloomMedia and such information should not be relied upon as all-inclusive or accurate.
Purchases
If you wish to purchase any product or service made available through this site or third party site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
BlueBloomMedia may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on this or a third party site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on this site or a third party site linked to from this site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subscriptions
Our services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. BlueBloomMedia or its associates will not fulfil any service where payment has not been received.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BlueBloomMedia cancels it. Non-payment by You can constitute cancellation at the sole discretion of BlueBloomMedia. You may also cancel your Subscription renewal contacting BlueBloomMedia’s customer support team or its authorized agent.
A valid payment method is required to process the payment for your Subscription. You shall provide BlueBloomMedia or its authorized agent with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BlueBloomMedia or its authorized agent to charge all Subscription fees incurred through your account to any such payment instruments.
Where automatic billing has been set up, should it fail to occur for any reason, BlueBloomMedia or its authorized agent will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
BlueBloomMedia may also cancel your subscription at any time where it is unable to perform the required service. In this situation, BlueBloomMedia will refund the customer for any amounts paid in respect to the service which has not been fulfilled. The customer agrees it will not have any further claim against BlueBloomMedia.
Fee Changes
BlueBloomMedia, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
BlueBloomMedia will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
BlueBloomMedia customers are not entitled to refunds as the general rule. However, occasional refunds may be awarded as a gesture of good-will or where BlueBloomMedia is unable to fulfil the service.
Each request will be assessed by the BlueBloomMedia team, and the decision to refund depends exclusively on BlueBloomMedia.
Where a refund has been agreed, the refund period may take up to 2 -3 weeks.
Customers must refrain from raising disputes or Charge-backs while an internal refund process is ongoing.
If the customer were to raise a dispute or a charge-back while the refund assessment process is ongoing, it will result in a failed attempt to refund, as it will be automatically blocked by the billing platform.
Requesting a refund and raising a dispute or charge-back at the same time could be considered as a fraud attempt, as there is an intent to be refunded twice. Customers may only be refunded for the same amount once. Additionally, payment processors might flag the customer's account as fraudulent and restrict access to it.
Customers that file credit card or PayPal disputes untruthfully or incorrectly may have their right of service revoked at BlueBloomMedia’s discretion.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of BlueBloomMedia and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by BlueBloomMedia or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of BlueBloomMedia or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
General Disclaimer
BlueBloomMedia’s products and services evolve over time to adapt to changing market conditions. As such, we cannot guarantee marketing claims or availability of specific content brands, but we do guarantee best efforts in replacing any with equivalent alternatives.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from BlueBloomMedia, and all information to which you have access through password-protected areas of BlueBloomMedia’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal
These Terms of Use will apply to every access to BlueBloomMedia.com. BlueBloomMedia reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from BlueBloomMedia will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without BlueBloomMedia’s written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the new South Wales, Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate BlueBloomMedia and/or its affiliates’ intellectual property rights, BlueBloomMedia and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New South Wales, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: City of Sydney, Australia. Any costs and fees other than solicitor fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: City of Sydney, Australia, under the rules of the Australian Centre for International Commerical Arbitration Rules. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all BlueBloomMedia.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise and cancellation of all ongoing services or Subscriptions. This agreement will terminate immediately without notice at BlueBloomMedia’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other BlueBloomMedia.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Contact Us
If you have any questions or concerns about these Terms, please contact us at bluebloommedia@gmail.com.
