youbloom

youbloom Terms and Conditions

Thanks for visiting youbloom’s Terms and Conditions. We’re updating our Policy as of March 7, 2020.

Welcome to youbloom, provided by youbloom, plc., 13 Classon House, Dundrum Business Park, Dublin D14 X9F9, Ireland (collectively ‘We”, ‘Us,” “Our” “youbloom” or ‘the Company”) VAT number, IE9712710G , where artists, fans and hosts connect and take part in offline and online events. The Services offered by youbloom include (“Service and Website”) and any other features, content, or applications and software offered, from time to time, in connection with youbloom, including, but not limited to events, chat rooms, classifieds, designs, graphics, information, journals and weblogs (blogs), message boards, music, pictures, public forums, points affiliation and accumulation, sound and video (collectively, the “Services”). Please note that youbloom (US) Inc., a California Corporation, US company and subsidiary of youbloom plc., is NOT a party to these terms and conditions.

Points for Your Immediate Consideration:

  • These terms are in addition to and include the terms in any youbloom forms which the User has completed and submitted.
  • You will continue to own your photos, videos, music and your masters, but you are granting Us certain non-exclusive rights to use your content.
  • At youbloom the User own their data and as the owner of the data is a Data Controller. Likewise, youbloom has control of data for managing youbloom and its services on youbloom, but treats such data as solely owned and controlled by the User. Thus, youbloom and Users, at times, are joint Data Controllers.  (See information on being a Data Controller later in this document.)
  • You may terminate this agreement and cancel your account at any time.
  • By attending and/or performing at a youbloom event, you acknowledge and agree to grant youbloom the right at the event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to youbloom includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

The above section is provided to answer some immediate questions you may have, but you must still read the Terms and Conditions to fully understand what you are bound by and accepting to use youbloom and any or all of our services.

Terms of Service

By accessing and using any youbloom website or the mobile version thereof (“Services”), you (the “User”) signify that you accept and agree to be legally bound by the following terms and conditions (“Agreement”) and by all applicable local, national and international laws and regulations. This legally binding Agreement applies to a “Member” (meaning that you have registered with youbloom) or a “Visitor”(meaning that you have not yet registered). Both “Member” and “Visitor” are collectively referred to by the term “User”.

Please read this document carefully and save it as it contains important information with respect to your legal rights, remedies and obligations which incorporate limitations and exclusions together with a dispute resolution clause outlining how disputes will be resolved.

Membership

In order to make use of the Services, become a Member, connect and communicate with other Members, you must initially read this Agreement and register your acceptance. Visitors are also bound by the terms of this Agreement through their use of the site, even though they have not registered to become Members.

Use of the Website, Services, and Membership, are also subject to our Privacy Policy, which is incorporated into this Agreement, by reference. In order to participate in certain Services, it may be that you are required to download software or content and/or agree to additional terms and conditions for which you may be notified. Should you choose to participate in those Services and unless otherwise provided to the contrary those additional terms and conditions are considered incorporated into this Agreement.

Modifications

We may make modifications to this Agreement from time to time which shall be effective when we have them posted on the youbloom website. If any modification is unaccepable to you, stop using youbloom’s Services. Your continued use of youbloom Services after youbloom posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Registration and Eligibility

You must be at least 18 years of age to use our Services.

2.2 By accessing the Website, setting up an account, using the Services, or by viewing, accessing, streaming, uploading or downloading any information or Content to/from the Website you represent and warrant that you have read and understood these Terms of Use, will abide by them, and that you are either 18 years of age or more, or if you are under the age of 16 that you have your parent(s)’ or legal guardian’s permission to use the Website.

 

Care should be taken in choosing the information you post on the Website and in forms and also that which you choose to make available to other Users. In order to make use of the Services, become a Member, connect and interact with other Members, you must initially read this Agreement and register your acceptance at the end of this document. By registering for our Services you represent and warrant that you are 18 years of age or older and that you have the capacity to understand, agree to and comply with these Terms and Conditions. You should provide true, accurate and complete registration information to be a youbloom member (“Member”). As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and keeping your password secure. You are solely responsible for any and all use of your account.

Your youbloom Account may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older.

Member Conduct and Content

You may not use our Services for any illegal or unauthorized purpose. Regardless of location, all users agree to comply with all local rules regarding online conduct and acceptable content including laws regulating the exportation of data from your country of residence. Your profile on youbloom may not include items such as the following: street addresses, telephone numbers, and/or any photographs containing nudity, sexually explicit, lewd, obscene, harassing, excessively violent or otherwise objectionable subject matter. You may not choose a User name or Profile name that is defamatory, the name of a celebrity or a trademark and/or copyright.

However, despite these prohibitions, it may be that information provided by other Members, such as their profile, may contain inaccurate, inappropriate, obscene, offensive, and/or sexually explicit material, products and/or services, and We assume no responsibility or liability for any such content (“Materials”)

On being made aware of any misuse of the services, please contact youbloom at abuse@youbloom.com or click, at the bottom of any youbloom page, on the “Abuse” link.

We reserve the discretionary right, without liability, to reject, refuse to post, or remove any Materials and any posting to include email by you and/or to restrict, suspend, terminate your access to all or any portion of the Services at any time, for any or no reason, with or without prior notice.

Member Disputes

You are solely responsible for your interactions with other youbloom Members on any of our sites and/or platforms. We reserve the right, but have no obligation, to intervene in any way in disputes between you and other Members.

Term and Termination

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, which will remove your profile and other personal information from view. We may terminate your Membership at any time, without warning. After your Membership is terminated, this Agreement will remain in effect. Where possible, youbloom will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Services. You agree that We shall not be liable to you or any third party for any termination or suspension of access, or modification, to our Services. Furthermore, youbloom reserves the right to delete a User’s account that has been inactive for a period of 6 months.

Assignment

You shall not assign this Agreement, in whole or in part, or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Non-Commercial Use by Members

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by youbloom. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Ownership

As between you and Us, and except as subject to any rights and licenses you grant to Us (whether pre-existing or under this Agreement or any other applicable agreement), all right, title, and interest in and to the Submitted Content shall remain your property, provided that under no circumstances shall we have any lesser rights than we would have as a member of the general public. If you believe that material in which you hold an ownership interest has been posted on the Website or otherwise submitted to Us without your permission, you must, and hereby agree to, notify our Copyright Agent immediately via copyrightagent@youbloom.com

Proprietary Rights in Content on youbloom

Content from Users

By displaying or publishing (“posting”) any messages, text, files, images, photos, video, sounds, music, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, you hereby grant to Us, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on our servers or those of sub-licensees after you have removed the Content from the Services, and We retain nonexclusive rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

You further represent and warrant that:

  • You have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Us the nonexclusive licenses set forth herein.
  • No other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Us the nonexclusive licenses set forth herein
  • Your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any new arrangements in cover versions of “samples” or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials.
  • Your Materials do not otherwise infringe on the intellectual property rights of any person or entity.
  • Neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
  • You have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.

You agree to sign and deliver to youbloom any additional documents that may be requested to confirm youbloom’s rights and your warranties and representations under this Agreement. Moreover, you acknowledge that youbloom is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify youbloom, youbloom plc., its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

All representations, warranties or covenants made herein by you shall survive termination of this Agreement.

All warranties and representations made by you herein are made for the benefit of youbloom and its sub-licensees and may be enforced separately by youbloom and/or by any contractually designated sub-licensee of youbloom.

youbloom Content

The Services contain Our Content (“youbloom” Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws. We own the rights and retain all rights in the youbloom Content and the Services. We hereby grant you a limited, revocable, non sub-licensable license to reproduce and display youbloom Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. The Services also contain Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.

youbloom shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your Materials without any payment to you or any other Persons, entities, groups or associations, in accordance with the provisions of this section. All rights and licenses you grant to youbloom pursuant to this Section shall terminate when, in accordance with this Agreement, you exercise your right to request removal of any or all Materials.

Content Posted

We may delete any Content that in the sole judgment of youbloom violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. However, We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time youbloom chooses, in its sole discretion, to monitor the Services, youbloom nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and have no control over the Content. Content is not necessarily reviewed by youbloom prior to posting and does not necessarily reflect the opinions or policies of youbloom. youbloom makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in the sole discretion of youbloom, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of youbloom:

  • Is patently offensive and promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Is defamatory or libelous of any person or group;
  • Exploits people in a sexual or violent manner;
  • Contains nudity, violence, or offensive subject matter;
  • Solicits personal information from anyone under 18;
  • Provides any telephone numbers, street addresses, URLs or email addresses (Excluding information provided to one User by another User with their permission);
  • Provides information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection devices, providing pirated music or links to pirated music files, or providing lyrics, guitar tablature (tabs) or sheet music;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, worms, spyware or other harmful files (“Viruses”);
  • Transmits or constitutes a Virus or Worm; or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • Involves commercial activities and/or sales without youbloom’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Includes a photograph of another person that you have posted without that person’s consent; or
  • For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  • Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of Viruses, copyright infringement, patent infringement, or theft of trade secrets;
  • Advertising to, or solicitation of, any Member to buy or sell any products or services through the Services without the members’ consent. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation,
  • Any automated use of the system, such as using scripts to add friends;
  • Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • Attempting to impersonate another Member or person;
  • Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • Selling or otherwise transferring your profile;
  • Using any information obtained from the Services in order to harass, stalk, abuse, or harm another person; or
  • Using the Services in a manner inconsistent with any and all applicable laws and regulations, local, national and international.

Copyright Policy

We respect the intellectual property rights of others. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of youbloom to terminate the Membership of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to youbloom by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: youbloom, plc, 13 Classon House, Dundrum Business Park, Dundrum Dublin D14 X9F9, Ireland and email: copyrightagent@youbloom.com

Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. If a profile created and posted by a Member on youbloom links to other websites, We are not responsible for the Content, accuracy or opinions expressed on that website, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any links to other websites on the Website or in the Services does not imply approval or endorsement of the linked website by youbloom. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this Website or through the Services, nor take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. The Website or Services may permit you to purchase goods and services from various online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The Web pages from which you conduct such transactions may bear the logos, names, trademarks or service marks, or brand identity of youbloom. We, nonetheless, have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. The Website and Services may permit you to send or receive communications (such as email, chat, newsgroups and the like) and to store information, files and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, information, files and settings. We shall not be responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at any event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Website and Services are provided “AS-IS” and as available and youbloom expressly disclaims warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

Limitation of Liability

IN NO EVENT SHALL YOUBLOOM AND AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUBLOOM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold youbloom and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes liability to another.

Notices for International Use

We make no representation that products or services available on or through youbloom or any Service are appropriate or available in all locations. Those who choose to access the Site or any Service from their location do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

youbloom and Users as Data Controllers

The EU Data Protection Directive 95/46/EC (DPD) defines a “data controller” broadly to refer to the ‘natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law.’

Note: The Country in which you live and work may classify you as a Data Controller. If you are so classified, you may need to pay a fee and register as a Data Controller. youbloom suggests that you become familiar with this issue in your Country and take appropriate action based on your Country’s laws and regulations. youbloom will not register any of its users as Data Controllers as this is your individual responsibility. There is usually only one official Data Registrar in each Country, so make sure you are registering with the official agency for your Country.

Assuming that the DPD applies to youbloom and Artists using youbloom, youbloom and Artists can be considered joint Data Controllers. youbloom controls data it receives and stores from Users. Likewise, Artists are Data Controllers in that they receive and have control over data received from Friends and/or Users through their use of youbloom’s services. Artists retain ownership of their Data on youbloom, but youbloom and the Artist jointly control Data for youbloom services, email, advertising etc.

youbloom has made significant efforts to safeguard the data and privacy of all Users of youbloom and to require the safeguarding of data by Users including the following:

Individual User data is protected and never released without the User’s authorization.

youbloom’s Terms and Conditions require that Users agree to the following:

You represent and warrant that: (i) you own the Content posted by you on or through the services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the services.

You further represent and warrant that:

You have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Us the nonexclusive licenses set forth herein.

No other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Us the nonexclusive licenses set forth herein

Your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any new arrangements in cover versions of “samples” or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials.

Your Materials do not otherwise infringe on the intellectual property rights of any person or entity.

Neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.

You have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.

You agree to sign and deliver to youbloom any additional documents that may be requested to confirm youbloom’s rights and your warranties and representations under this Agreement.

Moreover, you acknowledge that youbloom is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify youbloom, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

All representations, warranties or covenants made herein by you shall survive termination of this Agreement. All warranties and representations made by you herein are made for the benefit of youbloom and its sub-licensees and may be enforced separately by youbloom and/or by any contractually designated sub-licensee of youbloom.”

youbloom takes the safeguarding of User data very seriously and makes every attempt to comply with all laws and regulations regarding the safeguarding of data. We likewise encourage Artists to take the safeguarding of Friend’s data seriously and to exercise every available caution to protect the confidentiality of such data..

youbloomConnect

youbloomConnect is a platform that brings together Gig Hosts and Artist(s) and facilitates the creation of a contract (Gig Agreement) between them for a performance.

All youbloomConnect forms and agreements are hereby incorporated by reference. The forms include but are not limited to:

  • ARTIST SIGNUP
  • HOST SIGNUP
  • FAN SIGNUP
  • STREET TEAM FAN SIGNUP
  • ARTIST MATCHING ACCEPTANCE FORM
  • ARTIST MATCHING RATING
  • PROPOSED GIG INQUIRY FORM COMPLETED BY HOST
  • PROPOSED GIG INQUIRY FORM COMPLETED BY ARTIST
  • ONLINE GIG ACCEPTANCE FORM TO ARTIST
  • ARTIST RATING BY HOST
  • HOST RATING BY ARTIST
  • GIG RATING BY FANS
  • STREET TEAM FAN REDEMPTION FORM
  • STF REWARDS REDEMPTION RATING
  • NEWSBITE FORM
  • CONFIRMED GIG DATA INPUT FROM OPERATIONS
  • APPLY TO PLAY youbloomLA 2017

Show Venues

youbloom, its representatives, employees, owner of the Venue, agents, (collectively the “Promoters”) reserve the right to:

  1. Not allow anybody who they think might post a safety or security risk at or any place close to the Venue during, immediately prior to or immediately following the Show to enter into the Venue.
  2. Require proof of ID and a valid Ticket for the Show, the lack of which might cause refusal to enter to the Venue.

The Promoters and persons authorized by them reserve the right to decide on the of right entry of all persons at all times.

The Promoters reserve the right not to permit in the Venue:

  1. Any items that performing artists/bands requested to prohibit.
  2. Any items that are illegal or possibly illegal. If found, the possessor of such illegal or contraband items might be liable to further prosecution.
  3. Any items that are weapons, ammunition, explosives, horns, whistles, drums, fireworks, large umbrellas or others we believe might cause danger to the Event.

You have the sole responsibility of safeguarding your own property when at the Venue. In the event of any of your property being lost, stolen or damaged at the Venue, the Promoters are not responsible.

When attending an Event in the Venue you agree:

  1. Not to disturb others at the Show or cause damage to the Venue. If we reasonably consider that you could pose a safety risk to others and/or might affect others at the Venue and/or the running of the Show, causing injury for example, being drunk, incapable or under the influence of illegal drugs, carrying any prohibited items, we reserve the right to remove you from the Venue.
  2. To pay for any damages or losses to the property and contents caused by you.
  3. You must leave the Venue respectively and quietly. Any failure to do so may cause our refusal to your future entry to future Shows or our refusal to permit you to acquire Tickets for our future Shows.

 

If you are under 18, you have to obtain your parents’ or other legal guardians’ prior authorization, permission and consent to attend the Gig. If you are under 16, you have to be accompanied by an adult.

The Promoters are not responsible for your health and/or wellness. The Show might include audience interaction, lighting, very loud music and visual presentations. Please inform the Promoters and leave the Show, if any of these cause you distress.

You may or may not be allowed to bring your food and beverages into the Venue regarding to the rules of the Promoters.

You are not allowed to smoke inside the Venue at any time.

In acquiring a ticket to a Show and/or attending the Venue, you give your express consent to youbloom and Promoters to digitally record or collect your image, voice likeness, and or any other information you provide, all rights in which will be owned by youbloom, or the relevant third party. You also agree that any such recording may be used by us in all and any media for any purpose at any time anywhere in the world for commercial purposes without compensation or payment to you. Please let the Promoters know if you do not wish that any images of you are included in any recording and they will make their best efforts for your image or likeness to be removed or make you unrecognizable.

Health and safety

  1. In the event of an emergency, please follow the instructions from the Promoter’s team.
  2. You acknowledge that prolonged exposure to loud noise may damage your hearing and that we may use flashing lights during the Show.
  3. If you have any prior or current convictions or court orders that bars you from attending events where large groups of people or children are present, you agree not to attend Shows organized through or by youbloom and/or Promoters. We reserve the right to remove you from any Show or Venue where you are present in violation of a court order or conviction.

youbloom shall not be liable for any cancellation, postponement or material alteration of any Shows. You are responsible to check for any updated status of the Show on the youbloom Website. You understood that our Website may not be updated immediately and the cancellation, postponement or material alteration might arise immediately prior to a Show. youbloom is liable to refund your payment in the event of a cancellation, postponement or material alteration of any Shows if you have paid for such payment to youbloom and/or a Ticket for the Show has been allocated to you.

youbloom’s liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to youbloom or any content on it, whether express or implied.

Subject to the preceding sections above, we are not responsible for any user’s losses or damages, even if foreseeable, arising under or regarding to:

  1. Use of, or inability to use, the youbloom platform.
  2. Any changes that youbloom may make to the youbloom platform or any part thereof.
  3. Any action taken against you by a third party with respect to any alleged infringement of such third party’s rights relating to the Content or your use of youbloom.
  4. Any errors or omissions in youbloom’s technical operation, or from any inaccuracy or defect in any Content or any information relating to the Content.
  5. Your failure to provide youbloom with accurate or complete information, or your failure to keep your email address or password suitably confidential.
  6. Any loss or damage to any computer hardware or software, any loss of data (including the Content), or any loss or damage from any security breach.
  7. Any loss of profits, consequential or special loss; or
  8. Use of or reliance on any content displayed on youbloom.com.

Artist to Artist Matching

  1. youbloom will provide ARTIST(S) with information on other ARTIST(S) to encourage ARTIST(S) to perform together and/or co-market with each other.
  2. If both ARTIST(S) accept the match, ARTIST(S) are committing to promoting their match at least 4 times/week on social media over 4 weeks for a total of 16 times.
  3. At the end of the co-marketing period, ARTIST(S) will be rated based on the quality and creativity of the posts, as well as if the posts were evenly spread out over the week and during peak times.
  4. By completing the ARTIST(S) registration, you agree that all data you provide is about you, and is accurate and up-to-date. You agree to notify us with any changes or additions to data you have previously submitted as soon as practicable. We reserve the right to refuse or lock accounts at our sole discretion.
  5. youbloom will not be liable for any loss or damage suffered because of any delay in completion, errors, damage, or other unexpected events resulting from Artist to Artist Matching.

Ratings

  1. youbloomConnect allows fans, artists, and hosts to rate each other and events.
  2. Rating forms should be regarded as survey tools and do not include any further offers, invitations or incentives whatsoever.
  3. We reserve the right to adjust, refuse or remove ratings at our sole discretion.

Street Team Fan Program

  1. The Street Team Fan program is a loyalty and rewards programs operated by youbloomConnect whereby Street Team Fans have the opportunity to accumulate free tickets, on an individual basis and solely for their own account, by encouraging fans of ARTIST(S) to purchase tickets to ARTIST(S) events.
  2. youbloomConnect will track tickets sold and provide one free ticket to attend ARTIST’(S) youbloomConnect event anywhere in the world for every four tickets sold by a Street team fan for that ARTIST’(S) youbloomConnect event.
  3. ARTIST(S) agree to the Street Team Fan Program upon enrollment in youbloomConnect.
  4. No robotic, software-generated, automated, purchased or incomplete activities will earn free tickets. Gaming, fraud or abuse relating to the earning of free tickets may result in forfeiture of accrued free tickets as well as termination of Member’s enrollment in this Street Team Fan Program.
  5. We reserve the right to cancel, modify, restrict, suspend or terminate this Street Team Fan Program or any aspect or feature of this Street Team Fan Program without notice. If the Street Team Fan Program is cancelled, all free tickets remaining in Members’ Accounts will expire automatically, without notice or compensation. Upon any termination of this Street Team Fan Program, all rights and obligations of the parties shall end.

Artist Rewards Program

Artists can also earn rewards within youbloomConnect as set out in the following page https://www.youbloom.com/connect-artist-rewards/ . youbloom reserves the right to modify the Artist Rewards Program at any time as announced via these Terms and Conditions and/or the youbloom website. youbloom shall not be liable for any compensation for unused rewards points or achievements should the Artist Rewards Program end or eliminate any particular category of rewards. Rewards have no monetary value.

Miscellaneous

This Agreement is accepted upon your use of the Website or any of the services and is further affirmed by you becoming a Registered User. This Agreement does not create any partnership, joint venture or agency relationship, or any fiduciary or confidential relationship between you and youbloom. This Agreement constitutes the entire agreement between you and youbloom regarding the use of the Services. Only youbloom may modify this Agreement; such modification must be in writing (for this purpose writing shall be deemed to include posting on the youbloom website) and is deemed accepted by you by your use (after the modification) of the Website or any of the Services or continued Membership after the modification. The failure of youbloom to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Disputes and Governing Law

Any dispute about or involving the Website or Services or arising out of or under or in connection with this Agreement shall first be attempted to be resolved by the parties through mediation, administered by a recognized mediator in Ireland selected by youbloom.  If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved dispute shall be settled by arbitration in Dublin, Ireland using an arbitrator nominated by youbloom plc  or in the event of any disagreement notified to youbloom plc  within 10 days of such arbitrator being selected, using an arbitrator selected by the President for the time being of the Law Society of Ireland.  The Irish Arbitration Acts, 1954-2010 as same may be amended, replaced or restated from time to time shall apply to such arbitration. The number of arbitrators shall be one and the language of the arbitration shall be English. THIS AGREEMENT TO ARBITRATION CONSTITUTES A WAIVER OF YOUR RIGHT TO TAKE CIVIL LEGAL PROCEEDINGS. This Agreement shall be governed by Irish law, without regard to conflict of law provisions. Subject to the preceding arbitration provision, you and youbloom agree to the exclusive jurisdiction of and Venue of the courts of Ireland and agree that these are convenient forums.

 

Contact us

Please email customersupport@youbloom.com

Or write to youbloom

13 Classon House

Dundrum Business Park

Dublin D14 X9F9

Ireland

Live events your way.

Step into the fan-owned future of music.