The bloomWatch app and its affiliated website, dashboards, and other associated tools utilizes the Creative Commons licensing structure, granting the public permission to utilize the content obtained and developed through these data gathering approaches under copyright laws. In addition, the following terms and conditions have been put in place to clearly state the rules for use and behavior while accessing and utilizing these products, the applied intellectual property rights as defined by Creative Commons, and disclaimers and limitations of liability.
(1) If you create a username for use with bloomWatch, you are responsible for maintaining the security of submittals associated with that username and any other actions taken in connection with your username. You must not post content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. bloomWatch may, at its discretion, change or remove any content that it considers inappropriate or unlawful. You must immediately notify bloomWatch of any unauthorized uses of your image submittals. BloomWatch will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
(2) Responsibility of contributors. If you post material utilizing bloomWatch to the website/dashboard, or otherwise make (or allow any third party to make) material available by means of the website/dashboard (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text or image submittals. By submitting content, you represent and warrant that:
> The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
> The content is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
> You will post only content that is relevant to bloomWatch and its subsequent visualization platforms at a rate and volume that does not hinder other users’ ability to use bloomWatch;
> The content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
> Your submittals do not mislead others into thinking they represent another specific person or organization (unique pseudonyms are allowed). For example, your login name is not the name of a person other than yourself or company other than your own;
> Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals and web sites, and similar unsolicited promotional methods.
By submitting Content to bloomWatch for inclusion on the website/dashboard, you grant bloomWatch a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting your observations and journal as per the associated creative commons license. We might also use the content for other purposes not subject to known legal restrictions, such as training machine learning models. You represent and warrant that (a) you created the content that was submitted and have the right to post such content; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. If you delete content, bloomWatch will use reasonable efforts to remove it from the Website/dashboard, but you acknowledge that caching or references to the content may not be made unavailable immediately.
Without limiting any of those representations or warranties, bloomWatch has the right (though not the obligation), in bloomWatch’s sole discretion, to terminate or deny access to and use of the Website/dashboard to any individual or entity for any reason.
(3) Responsibility of bloomWatch users. bloomWatch makes every effort to review content but cannot review all the material submitted and posted to the website/dashboard, and cannot therefore be responsible for that material’s content, use or effects. By operating the website/dashboard, bloomWatch does not represent or imply that it endorses the material posted to the website/dashboard, or that it believes such material to be accurate, useful, non-infringing or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your device from viruses, worms, Trojan horses, and other harmful or destructive content. The website/dashboard may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website/dashboard may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. bloomWatch disclaims any responsibility for any harm resulting from the use by visitors of the website/dashboard, any mislabeling by website/dashboard visitors of observations, or from any downloading by those visitors of content posted to the website/dashboard.
(4) Non-commercial use. You agree not to use the website/dashboard, the bloomWatch app, or any bloomWatch content for commercial purpose as designated by Creative Commons licensing or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity.
(5) Copyright policy. bloomWatch respects the intellectual property rights of others, and requests that users of the bloomWatch website/dashboard and service do the same and abide by the Creative Commons licensing designation.
(6) Intellectual property. All trademarks, service marks, graphics and logos used in connection with bloomWatch or the website/dashboard are trademarks or registered trademarks of bloomWatch, bloomWatch users or other third parties. Your use of the bloomWatch app, website/dashboard grants you no right or license to reproduce or otherwise use any bloomWatch or third-party trademarks. This Agreement does not transfer to you any bloomWatch or third-party intellectual property, and all right, title and interest in and to such property will remain solely with bloomWatch or such owners.
(7) bloomWatch reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website/dashboard following the posting of any changes to this agreement constitutes acceptance of those changes. bloomWatch may also, in the future, offer new services and/or features through the website/dashboard (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
(8) bloomWatch may terminate your access to all or any part of the app, or website/dashboard at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your bloomWatch username, you may simply discontinue using the APP, or Website/dashboard.
(9) Disclaimer of warranties. The website/dashboard is provided “as is.” bloomWatch and its developers and collaborative members hereby disclaim all warranties of any kind, express or implied, including without limitation, fitness for a particular purpose. Neither bloomWatch nor its developers or members makes any warranty that the app, or website/dashboard will be error free or that access thereto will be continuous or uninterrupted. You understand that you submit, or otherwise obtain content or services through, the app, or website/dashboard at your own discretion and risk.
(10) Limitation of liability. In no event will bloomWatch be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages; (b) the cost of procurement or substitute products or services; or (c) for interruption of use or loss or corruption of data. bloomWatch shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by laws of the United States.
(11) General representation and warranty. You represent and warrant that (a) Your use of the app, and website/dashboard will be in agreement with all applicable laws of the United States regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and your use of the APP and website/dashboard will not infringe or misappropriate the intellectual property rights of any third party.
(12) You agree to indemnify and hold harmless bloomWatch, their contractors, licensors and collaborative members against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website/dashboard, including but not limited to your violation of this agreement.
(13) Open source. You agree to indemnify and hold harmless bloomWatch, its code contributors, its contractors, and its licensors and collaborative members, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of bloomWatch’s source code or the acceptance of code.