Returns and Exchanges

I want you to be satisfied with your purchase. Unfortunately, I cannot offer returns or exchanges on most purchases. I run a small operation and all of my products are custom imprints made on demand. 

However, if you have a problem with your order, please fill out the contact form and I’ll work with you to figure out a solution where possible.  

Damaged/Defective Item? 

If something arrives damaged, misprinted, or defective, notify me here and I'll gladly send a replacement at no cost to you, though I may ask you to send me photos and you must notify me within 10 days after you receive your product. The 10-day time frame allows me time to work with my supplier to exchange the item for a replacement. If the item cannot be replaced because it is permanently out of stock or for a similar reason, I will issue a store credit to you.

Where’s My Stuff?

Package Lost in Transit

Please notify me no later than 10 days after the estimated delivery date. If I made an error, I’ll cover the cost of replacing and reshipping your item. 

If I am notified that a shipment has been returned, I will notify you via the email address I have on file for you. If you do not claim your item within four (4) weeks of delivery, it will be donated and you will be responsible for the cost of a replacement, if you desire one. 

Wrong Address on Package

If you provide an address that is considered insufficient by the courier, the shipment will be returned to my supplier. You will be liable for reshipment costs once I have confirmed an updated address with you.

Gift Cards

I will try to make gift cards available soon. (As you might expect, if in the unhappy event Bloomtown Graphics closes down, declares bankruptcy, or otherwise ceases operations before a gift card is used, it will render the card useless regardless of the expiration date.)

More Questions? 

Check out my FAQs, or feel free to contact me here and I’ll be happy to answer your questions.

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Order Processing Time

Remember, all items carried by Bloomtown Graphics are custom imprints and are made to order for you. Some items take longer to print and prepare than others. Items in your order should be ready for shipping within 7-15 days after you receive an email confirming your order. You will receive another notification when your order has shipped. 

Because of worldwide disruptions in supply chain and worker shortages related to the pandemic, there may be additional delays to delivery that are outside of my control. 

Shipping Rates and Estimates

Shipping charges and delivery estimates for your order will be calculated and displayed at checkout. Some products may be offered with free shipping. 

PLEASE NOTE: Currently, I only offer shipping to the United States. I am not able to ship to other countries at this time.

How do I check the status of my order?

When your order has shipped, you will receive an email notification that will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available. 

If you haven’t received your order within 3 business days of receiving your shipping confirmation email, please complete the contact form with your name and order number, and I will look into it for you.

Shipping to P.O. Boxes

I am unable to ship to P.O. Boxes at this time. 

Refunds, Returns, and Exchanges

Unfortunately, I cannot offer returns or exchanges on most purchases. I run a small operation and all of my products are custom imprints made on demand. I will gladly work with you if your item is lost in transit, or to replace it if it arrives misprinted, defective, or damaged.

For more information see my full return policy here.

If you have any further questions, please don't hesitate to contact me using my contact form.

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Privacy Policy

This Privacy Policy describes how bloomtowngraphics.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site. 

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with Shopify, Printful, and Printify - services we use to fulfill orders.

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and provide you with information or advertising relating to our products or services when in line with the preferences you have shared with us.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with Shopify, Printful, and Printify - services we use to fulfill orders.

Customer support information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number, or other information needed to identify your orders and address concerns or issues with service. 
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared as needed with Shopify, Printful, and Printify or shipping couriers - services we use to fulfill orders -- to provide support services to you.  

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy; you can read more about how Printful uses your Personal Information here: https://www.printful.com/policies/download/privacy; and you can read more about how Printify uses your personal information here: https://printify.com/privacy-policy/.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• INSTAGRAM - Options can be found in Settings on the app. 
• PINTEREST - https://help.pinterest.com/en/article/edit-personalization-settings
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Third Parties Who Process Your Data

Summary: To effectively run Bloomtown Graphics, we need to partner with various third parties around the world. These include our print providers that work with us to offer and fulfill products and services, shipping couriers, and also tools like Google Apps and ActiveCampaign that allow us to communicate and deliver our service to you. This section outlines who we work with, for what purposes and where you can find more information about their privacy policies.

To deliver the best possible Bloomtown Graphics experience we often have to partner with third parties to deliver services that we cannot. These include our print partners that we work with to offer products and fulfill orders, services that support our communications, both internal for our team and external when we communicate with you, tools that keep our web platform and API running, as well as services that allow us to study the use of our platform and learn how best to develop and design new features, messages and offers.

When we do this, sometimes it is necessary for us to share your data with them in order to get these services to work well. Your data is shared only when strictly necessary and according to the safeguards and good practices detailed in this Privacy Policy.

Here are the details of our main third-party service providers, the data being collected or shared and the reason sharing is necessary.

Analytics and Marketing

Google Analytics Privacy policy

• How you use Bloomtown Graphics
• Data that identifies you
• Cookies

Google Analytics is a web analytics service: we use it to track your use of the service, and prepare reports on user activity.

Google Adwords Privacy policy

• Data that identifies you
• Cookies

Google Adwords is a marketing tool that allows us to reach potential users and grow the Bloomtown Graphics audience.

Facebook Inc. Privacy policy

• Data that identifies you
• Cookies

Facebook business tools  offer a number of services including analytics and advertising that allow us to track your use of the service, prepare reports on user activity and grow BloomTown Graphics’ audience.

Integrations (by your request)

Shopify, Inc. Privacy policy

• Contact details
• Data that identifies you
• Contractual data
• Data from your content and products

This integration allows us to sell our products on Shopify.

Etsy, Inc. Privacy policy

• Contact details
• Data that identifies you
• Contractual data
• Data from your content and products

This integration allows us to sell our products on Etsy.

Google, Inc. Privacy policy

• Data that identifies you
• How you use Bloomtown Graphics
• Contact details
• Data from your content and products
• Cookies

This enables users to connect Google services like Google Drive, where images may be stored.

Communications and Research

ActiveCampaign Privacy policy

• Contact details
• How you use Bloomtown Graphics
• Data that identifies you

We use this service for sending emails, managing mailing lists, and/or delivering newsletters about product updates and changes.

Google, Inc. Privacy policy

• Contact details
• How you use Bloomtown Graphics
• Data from your content and products
• Contractual data
• Data that identifies you
• Cookies

We use Google Suite for business for customer communications, user interaction, User Research, and improving our platform and service.

Payments

Stripe, Inc. Privacy policy

• Contact details
• Financial information
• Cookies
• Contractual data

This service processes payments for us.

Paypal, Inc. Privacy policy

• Contact details
• Financial information
• Cookies
• Contractual data

This service processes payments for us.

Shopify. Privacy policy

• Contact details
• Financial information
• Cookies
• Contractual data

This service processes payments for us.

Our Print Partners

Printful. Privacy Policy 

• Contact details
• Financial information
• Cookies
• Contractual data

This service offers print-on-demand services for us.

Printify. Privacy Policy 

• Contact details
• Financial information
• Cookies
• Contractual data

This service offers print-on-demand services for us.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Selling Personal Information

We do not sell personal information.

For customers ordering from California only: the California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more here.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

How can I block cookies?

You can block cookies by activating a setting on your browser allowing you to refuse the setting of cookies. You can also delete cookies through your browser settings. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

If you use your browser settings to disable, reject, or block cookies (including essential cookies), certain parts of our website will not function fully.You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Also, please note that where third parties use cookies we have no control over how those third parties use those cookies.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Which Specific Cookies Do We Use?

Google, Inc.

Google Analytics uses cookies allows us to see information on the activities of visitors to our website and users of our service, including page views, source and time spent on Bloomtown Graphics. The information is depersonalized and is displayed as numbers, meaning it cannot be tracked back to individuals. This will help to protect your privacy.

To opt out of being tracked by Google Analytics across all websites click here.

Facebook, Inc.

Facebook uses cookies if visitors have a Facebook account, use the Facebook Products, including their website and apps, or visit other websites and apps that use the Facebook Products (including the Like button or other Facebook Technologies). Cookies enable Facebook to offer the Facebook Products to visitors and to understand the information they receive about visitors, including information about their use of other websites and apps, whether or not they are registered or logged in.

To opt out of being tracked by Facebook by following the instructions here.

Your Rights

You can exercise your rights at any time by filling out our contact form here.

You have the right to access information we hold about you

This includes the right to ask us supplementary information about:

• the categories of data we’re processing
• the purposes of data processing
• the categories of third parties to whom the data may be disclosed
• how long the data will be stored (or the criteria used to determine that period)
• your other rights regarding our use of your data

We will provide you with the information within one month of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We’ll tell you if we can’t meet your request for that reason.

You have a right to see what personal information has been shared with third parties

California Civil Code Section § 1798.83 allows users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you would like to make such a request, please contact us here.

You have the right to make us correct any inaccurate personal data about you

If after accessing your information, you believe that we have incorrect or inaccurate data, you can request us to change or correct it.

You can object to us using your data for profiling you or making automated decisions about you

We may use your data to determine whether we should let you know information that might be relevant to you (for example, tailoring emails to you based on your behaviour). Otherwise, the only circumstances in which we will do this is to provide the Bloomtown Graphics service to you.

You have the right to port your data to another service

We will give you a copy of your data in CSV or JSON so that you can provide it to another service. We will not do so to the extent that this involves disclosing data about any other individual.

You have the right to be "forgotten" by us

You can do this by asking us to delete any personal data we hold about you, if it is no longer necessary for us to hold the data for purposes of your use of Bloomtown Graphics or for our compliance with relevant laws, regulations, or recordkeeping for tax purposes.

Your Rights Under the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more here.

Changes to the Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by using our online contact form or by mail using the details provided below:

Bloomtown LLC dba Bloomtown Graphics, P. O Box 13682, Portland OR 97213, United States

Last updated: Nov. 16, 2021.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your state’s attorney general or the Federal Trade Commission (https://www.ftc.gov/).

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Terms of Service

OVERVIEW

This website is operated by Bloomtown Graphics. Throughout the site, the terms “we”, “us” and “our” refer to Bloomtown Graphics. Bloomtown Graphics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Return Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as-is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Bloomtown Graphics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bloomtown Graphics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Bloomtown Graphics or its representatives.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our contact form here.