Lola Bloom : Terms and Conditions

Terms and Conditions

1. General

These terms and conditions (referred to as this "Agreement" or "Terms and Conditions") apply to all products and services supplied by Lola Bloom

Your use of the Lola Bloom Website (as defined below) and/or placing of an Order with Lola Bloom shall constitute your acceptance of these Terms and Conditions.

ACCORDINGLY, YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AND, IF YOU DECIDE TO CONTINUE TO USE THE Lola Bloom DEALS WEBSITE OR DECIDE TO PLACE AN ORDER WITH Lola Bloom , YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

You may only use the Lola Bloom website or place an order if You are 18 years of age or older. If You do not agree with these Terms and Conditions, or if You are under the age of 18, You should immediately refrain from using the Lola Bloom Website and should not place an Order with Lola Bloom .

2. Definitions

The following terms when used in these Lola Bloom Terms and Conditions or any document referred to here in shall have the following meaning:

"Affiliate" means in respect of a party, any company or other business entity controlled by, controlling or under the common control of that party and for the purposes of the definition of "Affiliate" "control", shall mean the direct or indirect power to direct or cause the direction of the management and policies of a company or other business entity, whether through ownership of 50% or more of the voting interest, by contract, or otherwise (and "controlling" and "controlled" shall be construed accordingly).

"Lola Bloom deals Website" means any of the websites operated by Lola Bloom for the provision of the Services, including, but not limited to www. Lola Bloom .co.uk and any websites of business affiliates of Lola Bloom on which Lola Bloom Vouchers are offered or on which goods are offered by Lola Bloom to a customer pursuant to the offerings known as the 'Lola Bloom Direct'.

"Order" means a Lola Bloom Direct and/or a Voucher Order.

"Privacy Policy" means Lola Bloom's privacy policy which can be found at http://www.Lola Bloom.co.uk/privacy.

"Services" means, collectively, the Voucher Services and any other services available in the Lola Bloom Website. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the Lola Bloom Website and any entry and participation in giveaways and prize promotions offered from time to time on the Lola Bloom Website.

"We" or "Our" means Lola Bloom .

"Web" means the public internet.

"You" means You, the end user of the Service. "Your" shall be construed accordingly.

3. Service Availability

You acknowledge that interruptions in the Lola Bloom Website and/or other events may occur that are beyond the control of Lola Bloom , and that Lola Bloom shall not be responsible for any data lost while transmitting information on the Web or otherwise. While Lola Bloom aims to make the Lola Bloom Website accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Lola Bloom , access to the Lola Bloom Website may be interrupted, suspended or terminated from time to time.

4. Equipment, Account Management and Security

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Lola Bloom Website and You will be solely responsible for all charges related thereto and for printing any Vouchers which are purchased as part of the Voucher Service. Lola Bloom shall not be liable for any damage to Your equipment resulting from Your use of the Lola Bloom Website or printing of Vouchers.

You are required to create an account in order to use the Lola Bloom Website. This is required so we can provide You with easy access to print Your Voucher Orders, view Your past purchases, modify Your preferences, and to ensure permissible use of the Lola Bloom Website and Voucher Service.

You are responsible for protecting the confidentiality of Your password(s), if applicable.

5. Your Use of the PBS Deals Website

You shall ensure that Your use of the Lola Bloom Website will at all times be in accordance with all applicable laws. You agree not to post or transmit through the Lola Bloom Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Lola Bloom's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in Lola Bloom's sole discretion restricts or inhibits any other end user of the Lola Bloom Website from using or enjoying the Lola Bloom Website is strictly prohibited. You agree not to use the Lola Bloom Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Lola Bloom Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Lola Bloom . For Your protection, Lola Bloom reserves the right, in its sole discretion, to void or reverse any transaction that Lola Bloom suspects may be fraudulent. Any Lola Bloom Cash awarded in connection with such transaction may also be voided or reversed, in the sole discretion of Lola Bloom

The foregoing provisions of this Section 5 apply equally to and are for the benefit of Lola Bloom its Affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Intellectual Property

All content located on or in the Lola Bloom Website is the exclusive property of Lola Bloom or is used with the express permission of the copyright and/or trademark owner.

ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE Lola Bloom WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and / or criminal penalties.

The Lola Bloom Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of Lola Bloom protected by copyright. Lola Bloom owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Lola Bloom and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Lola Bloom Website shall not be deemed to be in the public domain but rather the exclusive property of Lola Bloom , unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Lola Bloom , unless otherwise stated.

You shall not upload, post or otherwise make available on the Lola Bloom Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Lola Bloom does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Lola Bloom Website, You warrant that the owner of such material has expressly granted Lola Bloom the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant Lola Bloom the right to edit, copy, publish and distribute any material made available on the Lola Bloom Website by You.

The foregoing provisions of Section 6 apply equally to and are for the benefit of Lola Bloom , its Affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

"Lola Bloom" is a trademark of Lola Bloom . All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Lola Bloom Website are the property of their respective owners.

7. Warranties

EXCEPT FOR (i) THE WARRANTIES WHICH ARE STATED IN THESE TERMS AND CONDITIONS; AND (ii) WARRANTIES WHICH Lola Bloom IS OTHERWISE REQUIRED TO PROVIDE TO YOU BY LAW (WHICH ARE KNOWN AS YOUR "STATUTORY RIGHTS"), NO OTHER WARRANTIES ARE PROVIDED BY Lola Bloom IN RELATION TO THE SERVICES.

FOR ANY GOODS WHICH ARE PROVIDED AS PART OF A Lola Bloom DIRECT ORDER, WE WARRANT THAT THE GOODS ARE OF SATISFACTORY QUALITY AND ARE FIT FOR THE PURPOSE WHICH THOSE GOODS ARE COMMONLY USED.

ALL OTHER WARRANTIES WHICH CAN BE EXCLUDED BY LAW ARE HEREBY EXCLUDED BY Lola Bloom TO THE MAXIMUM EXTENT PERMISSIBLE.

IN PARTICULAR, NEITHER Lola Bloom , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE VOUCHER SERVICE OR Lola Bloom WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VOUCHER SERVICE OR Lola Bloom WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, VOUCHER SERVICE OR MERCHANDISE PROVIDED THROUGH THE VOUCHER SERVICE.

8. Liability

NOTHING IN THIS SECTION 8 OR ELSEWHERE IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF ANY PARTY FOR (I) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

FOR THE AVOIDANCE OF DOUBT, AND AS MENTIONED ABOVE, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.

SUBJECT TO THE FOREGOING STATEMENTS WHERE Lola Bloom DOES ACCEPT LIABILITY, THE REMAINDER OF THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DEAL REPIUBLIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE THAT THE MERCHANT (AND NOT Lola Bloom ) IS THE PROVIDER OF ANY SERVICES OR PRODUCTS REFERRED TO IN A VOUCHER. ACCORDINGLY, EXCEPT AS DESCRIBED ABOVE, IN NO EVENT SHALL Lola Bloom OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VOUCHER WITH THE MERCHANT OR THE Lola Bloom WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Lola Bloom NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE (UNLESS THEY HAVE ACTED FRAUDULENTLY OR RECKLESSLY), OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR INDIRECT OR CONSEQUENTIAL DAMAGES.

Lola Bloom IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE Lola Bloom WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Lola Bloom . FURTHERMORE, Lola Bloom RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.

9. Indemnity

You agree to defend, indemnify and hold harmless Lola Bloom , its Affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of Your use of the Lola Bloom Website.

10. Changes

Lola Bloom shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Merchant deals, content, hours of availability and equipment needed for access or use. Further, Lola Bloom may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Lola Bloom reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. However, any such changes will not affect any Order which has been placed by You and accepted by Lola Bloom . Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your Order was accepted.

We suggest that You re-read this Agreement from time to time in order that You stay informed as to any such changes. If we make changes to this Agreement and You continue to use the Service, You will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon Lola Bloom posting them on the Lola Bloom Website. Any use by You of the Service after such notice shall be deemed to constitute acceptance by You of such modifications.

11. Monitoring.

Lola Bloom shall have the right, but not the obligation, to monitor the content of the Lola Bloom Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by Lola Bloom , as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Lola Bloom shall have the right to remove any material that Lola Bloom , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. Privacy

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. Lola Bloom does not control or endorse the content, messages or information found in any Community, and, therefore, Lola Bloom specifically disclaims any liability concerning the Communities and any actions resulting from Your participation in any Community, including any objectionable content. Generally, any communication which You post to Lola Bloom (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Lola Bloom as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Lola Bloom Website, You grant Lola Bloom the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.

Information which you submit as part of the Order process will be used to complete your order and to contact you regarding its progress. It may also be used for any other purpose which you have consented to.

For more information on how your personal information is used, please see Lola Bloom's Privacy Policy which is hereby incorporated into this Agreement.

13. License Grant

By posting communications on or through the Lola Bloom Website, You shall be deemed to have granted to Lola Bloom a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

14. Termination

Lola Bloom may terminate this Agreement and/or the continued provision of the Services at any time. However, any such termination will not affect any Order which has been placed by You and accepted by Lola Bloom . Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your order was accepted.

Without limiting the foregoing, Lola Bloom shall have the right to immediately terminate any of Your passwords or accounts in the event of any conduct by You which Lola Bloom , in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.

15. Survival

The provisions of this Section 15 as well as Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20 and 21 will survive termination of this Agreement.

16. Third Party Content

Lola Bloom, similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and end users. Accordingly, Lola Bloom has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Lola Bloom . Subject to Section 8, neither Lola Bloom nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Lola Bloom Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Lola Bloom . Lola Bloom neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Lola Bloom by anyone other.

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