Introduction

These TERMS AND CONDITIONS OF USE as amended from time to time by BLOOM.BA (the “Terms of Use”) provide for a set of rules that govern the relationship between BLOOM.BA (hereinafter referred to as the “BLOOM.BA”) operated by Bloom d.o.o Sarajevo and usage of any and all content, services and products available at or through the BLOOM.BA website (the “WEBSITE”), including, but not limited to data collection, data processing, data mining, statistics and reporting services or products (the “Content”) by users of WEBSITE (hereinafter the “User”).

General Terms

  1. By accessing the WEBSITE, User agrees to be bound by the Terms of Use.
  2. The Content is offered subject to your acceptance of the Terms of Use and conditions contained herein that may be published from time to time on the WEBSITE by BLOOM.BA.
  3. BLOOM.BA may and reserves the right at its sole discretion to revise these Terms of Use for its WEBSITE at any time without notice. By using this WEBSITE User agrees to be bound by the then current version of the Terms of Use.
  4. It is User’s responsibility to check these Terms of Use periodically for changes. In any case, User’s continued use of or access to the WEBSITE following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
  5. BLOOM.BA 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 be subject to these Terms of Use.
  6. Notwithstanding the above, User/s and BLOOM.BA may agree in writing on other conditions than those stipulated in these Terms of Use. In this case, terms agreed directly between BLOOM.BA and User/s shall supersede these Terms of Use.
  7. Application of the Terms of Use does not exclude User’s obligation to comply with all applicable laws and regulations, and User agrees that it is responsible for compliance with any applicable laws and regulations.
  8. Where applicable, the Content and other relevant materials contained in the WEBSITE are protected by applicable copyright and intellectual property laws.
  9. Exclusively through the WEBSITE, Users shall have the possibility to obtain a license for usage of the Content (the “License”).
  10. Once obtained, License shall authorize the User to download one copy of the materials (information or software) from the WEBSITE for transitory viewing only.
  11. The grant of the License, does not represent a transfer of title over the Content or any intellectual property rights (such as all current and future copyright, moral rights, patent rights, trademarks, design right, rights in or relating to databases, rights in or relating to confidential information, rights in relation to domain names, and any other intellectual property rights (registered or unregistered) throughout the world- the “IP Rights”) related to the Content.
  12. Under the License you may not:
  • Modify or copy the Content;
  • Sell, lease or otherwise make the Content available to third parties (with or without remuneration);
  • Use Content or the Raw Data as (defined below) for completion of its own location or business databases and/or listings;
  • Public display the Content (for commercial or non-commercial purposes) or “mirror” the materials on any other server/web site;
  • Attempt to decompile or reverse engineer any software contained on WEBSITE; and
  • Remove any copyright or other proprietary notations from the materials.
  1. The License shall automatically terminate if you violate any of these restrictions and may be terminated by BLOOM.BA at any time.
  2. Upon terminating of the License for any reason whatsoever, upon your download of the Content, you must destroy any downloaded Content you have in your possession whether in electronic or printed format.
  3. BLOOM.BA respects the IP Rights of others, and therefore requests from the User to respect its and any third parties IP rights.
  4. If a User believes that material located on or linked to by the WEBSITE violates any IP Rights, the User shall to notify BLOOM.BA about such potential infringement of IP Rights. BLOOM.BA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  5. BLOOM.BA is entitled to terminate the License or User’s access to the WEBSITE if, under appropriate circumstances, the User is determined to be a repeat infringer of the IP Rights of BLOOM.BA or others.
  6. The WEBSITE or the Content may contain third-party IP Rights. However, the use of the WEBSITE or the License does not grant a User right or license to reproduce or otherwise use any third-party IP Rights.

 

Disclaimer, limitation of liability

  1. The Content on WEBSITE are provided “as is” and BLOOM.BA does not make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of IP Rights.
  2. Thus, in no event shall BLOOM.BA nor any of its officers, employees, consultants, managers, members, shareholders, directors or suppliers be liable to the User or to any other person or entity for any damages, or lost profits or any other damages (including, without limitation, damages for loss of data or profit, or due to business interruption), costs or losses arising out of your use of the WEBSITE, License and/or the Content, even if BLOOM.BA has been notified orally or in writing of the possibility of such damage.
  3. Having in mind that the Content is prepared by BLOOM.BA on the basis of information and data (the “Raw Data”) provided by third parties, BLOOM.BA does not represent or imply that it endorses the Content, or that it believes such Content to be accurate, useful or non-harmful or that Content will meet Users requirements or that use of the WEBSITE/Content will be uninterrupted or error free.
  4. THE USER DOES NOT HAVE A RIGHT TO REVIEW THE RAW DATA.
  5. User agrees to indemnify and hold BLOOM.BA, its officers, employees, shareholders, directors, managers, members and suppliers harmless against any damages or liability of any kind arising from any use of the License, WEBSITE or the Content.
  6. The User is responsible for taking precautions as necessary to protect itself and its computer systems free from viruses, worms, Trojan horses, and other harmful or destructive content.
  7. The WEBSITE may contain Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
  8. BLOOM.BA disclaims any responsibility for any harm resulting from the use by visitors of the WEBSITE, or from any downloading by those visitors of Content there posted.
  9. Furthermore, BLOOM.BA has undertaken all reasonable measures to ensure that the Content is only used in accordance with these Terms of Use. Any actions of the User to circumvent these measures will be considered as breach of these Terms of Use, and gives a right to BLOOM.BA to cancel User’s access to all or any part of the WEBSITE at any time, effective immediately.

Revisions and update of the content

  1. The BLOOM.BA does not have any liability to update or revise (with the updated Raw Data) any Content already acquired or obtained by the User.
  2. Moreover, the BLOOM.BA disclaims any responsibility for any harm resulting to the User from the use of not updated and un-revised Content.

Links

  1. BLOOM.BA has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WEBSITE links, and that link to WEBSITE. Thus, BLOOM.BA is not responsible for the contents of any such linked site.
  2. BLOOM.BA does not have any control over those non-WEBSITE webpages, and is not responsible for their contents or their use. By linking to a non-WEBSITE webpage, BLOOM.BA does not represent or imply that it endorses such website or webpage.
  3. Use of any such linked web site is at the User’s own risk.

Termination

  1. BLOOM.BA may terminate User’s access to all or any part of the WEBSITE at any time, with cause, with prior written notice sent by e-mail and with a 7 days notice period.
  2. In addition, due to the breach of these Terms of Use BLOOM.BA may cancel User’s access to all or any part of the WEBSITE at any time, effective immediately.
  3. In case of such cancelation, the BLOOM.BA reserves the right to undertake actions or use other rights granted by the law.
  4. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing law and jurisdiction

  1. Except to the extent applicable law, these Terms of Use, any access to or use of the WEBSITE and/or the Content, and all disputes arising out of or in connection with the use of the WEBSITE and/or the Content shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of Federation of Bosnia and Herzegovina/Bosnia and Herzegovina excluding its conflict of law provisions.
  2. In case of any dispute, controversy or claim arises out of or in relation to these Terms of Use, or use of the License, WEBSITE and/or the Content, the User and BLOOM.BA shall seek to resolve the matter amicably through discussions between them.
  3. If such dispute cannot be resolved amicably, the aggrieved party may file a claim with the Municipal Court in Sarajevo.

Miscellaneous

  1. At it sole discretion the BLOOM.BA shall provide notices to the User by posting them on the WEBSITE, or by sending them to an email address that the Users have previously provided to the BLOOM.BA.
  2. Notices shall be considered received by the User within 24 hours of the time posted or sent.
  3. Users must send their notices to BLOOM.BA to the following email address: admin@bloom.ba.
  4. Notices sent by the Users to BLOOM.BA shall be considered received within 72 hours of the time sent.
  5. By accepting of these Terms of Use User and BLOOM.BA acknowledge that these Terms of Use are not construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.
  6. If a User is unsure of your rights under these Terms of Use, or wish to use WEBSITE and/or Content in a manner not expressly permitted under this Terms of Use, User shall immediately contact BLOOM.BA in accordance with paragraph of this Article.
  7. A waiver by BLOOM.BA of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.