By accessing the website at www.Bloomincannabis.com ("the Site") or by otherwise accessing any content found on the site, you are entering into an agreement with Bloomin/Underground Slum LLC and agree to the terms that follow (the "Terms"). This Site is owned and operated soley and only by Underground slum LLC. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the " Content"), is copyright of Underground Slum LLC. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Underground Slum LLC.
All content is strictly for personal, non-commercial use only.
You may retrieve and display Bloomin Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Bloomin Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Bloomin/Underground slum LLC:
• reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Bloomin Content; or
• modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Bloomin Content (including as part of any library, archive or similar service) without the prior written consent of Bloomin; or
• remove the copyright or trade mark notice from any copies of Bloomin Content made under these Terms.
Any use of Bloomin Content not specifically permitted above is expressly prohibited
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to Bloomin Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Bloomin if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Bloomin Content. You will provide Bloomin with accurate, complete registration information and inform Bloomin of any changes to such information. For the purpose of confirming your compliance with these Terms, Bloomin reserves the right to monitor and record activity on the Site and Digital Applications, including access to Bloomin Content.
Each registration and subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. Bloomin does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Subscription and Cancellation
Bloomin may offer subscriptions ("Digital Subscriptions") digital bundles. Bloomin reserves the right to vary the amount of content and types of service and subscriptions that it makes available to different categories of users at any time.
Bloomin will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that if your Subscription includes a digital element, by placing your order you agree that we may start your Digital Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been digitally published before you cancelled.
If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount for each issue delivered before you cancelled.
In this section references to "published" includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers.
If applicable, any reimbursement will be settled as described in the "Fees and Payments" section below.
How to cancel
You may notify us of your wish to cancel your subscription by contacting us.
Contract and Disputes
Bloomin shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). As further detailed above you have legal rights with regards to your subscription including the right to cancel. Should you have any queries please contact us.
Fees and Payments
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by Enjoi. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase a Subscription, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Bloomin Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site or any Subscription is terminated by Bloomin, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by Underground slum LLC). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Bloomin third party partners. In that event, your contract for such products will be with the third party partner and not with Bloomin.
If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.
You are responsible for all content you post.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to bloomin and interaction between users and Bloomin representatives ("Forums"). While bloomin does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Bloomin on a Forum. You may not:
• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Bllomin;
• Post Messages in any language other than English;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including Bloomin employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users' personal data; and/or
• Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Bloomin from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
Bloomin has no control over individuals posting Messages on any Forum. Bloomin cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message or photos to a Forum or bloomin you are granting Bloomin a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. Bloomin reserves the right to contact you by e-mail about your use of the Forums or submission. You waive any moral rights that you may have in regard to the Messages or photos you submit.
It is not possible for Bloomin to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Bloomin immediately.
Bloomin respects your privacy.
Changes to the Site and Digital Applications
Bloomin reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Bloomin Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Bloomin allows Subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the gift Subscription. Apart from that, these Terms will apply to the beneficiary of any gift Subscription, who may therefore use the Site and access any Bloomin Content only in accordance with these Terms, and all references to "your" or "you" (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift Subscription.
Liability and Indemnity
All Bloomin Content and services are provided 'as is'. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, Bloomini/Underground Slum LLC makes no warranty, express or implied concerning Bloomin Content, advertising , or any Digital Application, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". Bloomin/Underground Slum LLC expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Bloomin / Underground Slum LLC, its affiliates, agents, officers, directors,lawyers,accountants, suppliers or licensors be liable for express, indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, physical and/or mental injury or death) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services or use of this website or any advertsiment posted on the website, even if Bloomin has been advised of the possibility that such damages may arise. Furthermore, upon entering this website you agree to waive all liabilities expressed, direct or indirect, any claims and/or damages of any kind whatsoever , including personal injury or damages resulting from any advertisements on this site, against Bloomin/underground slum LLC its agents, lawyers, directors, accountants, officers, employees and agents. Bloomin/underground slum LLC does not guarantee the accuracy, content, or timeliness of the Services or advertisements on this site, or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Bloomin/Underground slum LLC or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Bloomin/underground slum LLC exceed the amount, if any, paid by you to Bloomin for the particular Service to which the claim relates.
Upon Bloomin/underground slum LLC request, you agree to defend, indemnify and hold harmless Bloomin/ underground slum LLC , its affiliates, agents, suppliers, officers, directors, lawyers, accountants and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Bloomin/ Underground Slum LLC will not be held responsible for circumstances beyond its control or for any purchase of items or services listed on this website.
Bloomin, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Bloomin Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Additional Terms apply to your use of Bloomin Content.
Changes to these Terms. Bloomin/ Underground Slum LLC may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Bloomin Content). Whenever the Terms are changed, Bloomin will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Bloomin has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the Bloomin Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Bloomin.underground slum llc, its affiliates, agents, officers, directors,lawyers,accountants, employers, owners, suppliers are not responsible for any third party content, Advertising, or error, or for any omission or inaccuracy in any advertising material. You agree to assume all Liabilty for any use of any product or service advertised on this website. In case of any damages, mental or physical, caused by the use of any product and/or service advertised on this site you waive all liabity against underground slum LLC its affiliates, agents, officers, directors,lawyers,accountants, owners, suppliers and agree not to sue, and not seek civil restitution against Underground slum LLC its affiliates, agents, owners, officers, directors,lawyers,accountants, or suppliers. The Site and/or Digital Applications may also contain links to other web sites. Bloomin/underground slum LLC is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Bloomin/Underground Slum LLC.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in New York New York, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
Bloomin/underground slum LLC may terminate or suspend your access to Bloomin Content at any time.
Bloomin/ Underground Slum LLC, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Bloomin Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Bllomin under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with New York State Law. The parties irrevocably agree that the courts of New York shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of New York courts.
For the exclusive benefit of Underground slum LLc, Underground LLC shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of busines