Terms of Service

Last updated: August 26, 2020

Welcome to Bloom Stories! Quicku GmbH. ("Bloom Stories") provides our website located at (the "Site") and our audio story services accessible via our Site and our mobile device application (the "App"). To make these Terms easier to read, the Site, our services and App are collectively called the "Services." These Terms of Service (the "Terms") govern your use of the Services.

Agreement to Terms

By using or visiting , or any content, functionality and services made available to you on or through the website, whether as a registered user or as a guest, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the website or the Services made available on or through the website.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services after the modified Terms have been posted, you agree to be bound by the modified Terms. If you do not agree to the modified Terms, you may not use the Services.

Arbitration Notice

Unless you opt-out of arbitration within 30 days of the date you first agree to these Terms as described in the "Arbitration" section below, and except for certain types of disputes described in that section, you agree that disputes between you and Bloom Stories will be resolved by binding, individual arbitration. You are waiving your right to a trial by jury or to participate as a plaintiff or class member in any class or representative proceeding.

Eligibility

You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services, you must be 18 years or older and capable of forming a binding contract.

Registration and Account Security

To use certain features of the Services, you will need to create an account ("Account") via the App, the Site, or through your account with certain third-party social networking services (each, an "SNS Account"). If you use an SNS Account, we will create your Account by extracting your name, email address and other information your SNS privacy settings permit us to access.

You agree to provide accurate, complete and up-to-date information for your Account and to keep it updated. You are responsible for safeguarding your password and for all activities that occur under your Account.

Using the Services

Via the Services, users can select from a variety of options to listen to audio stories. Some functionality and content is free, while other functionality or content may require payment as described in the section "Purchases, Fees, Payment, Subscriptions, Billing, Renewal and Cancellation".

The Services, Products and any other information you learn from Bloom Stories are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable personal license to use the Services and to download and display content solely for purposes of using the Services. Any other use is prohibited without our prior written permission.

Purchases, Fees, Payment, Subscriptions, Billing, Renewal and Cancellation

Purchases and Fees

Some services may be free, while others require payment ("Paid Services"). By using a Paid Service, you agree to pay all applicable fees. Depending on the Paid Service, fees may be one-time or recurring subscriptions ("Subscriptions").

Use of Third-Party Payment Service Providers

We may use third-party payment service providers and app store providers (each, an "App Provider") to process Transactions. By initiating a Transaction, you authorize us to share your payment information with these providers and to charge your payment method for applicable fees, taxes, and any additional charges imposed by your payment or app provider.

Subscriptions, Billing and Renewals

If you purchase a Subscription, it will continue until you cancel or we terminate it. We will bill the applicable subscription fee to your chosen payment method on a recurring basis (for example, monthly) until you cancel. You must cancel before your next billing date to avoid future charges.

No Refunds

Except as required by law, all payments are non-refundable and non-transferable. While you may cancel your subscription at any time, refunds and credits are issued only in Bloom Stories' sole discretion.

Changes to Subscription Prices

We may change pricing for the Services from time to time. Any material price increases will take effect after we have notified you and will apply to Subscription renewals after such notice. If you do not agree to the new pricing, you may choose not to renew your Subscription.

Content Ownership and Intellectual Property Rights

The Website and its entire contents, features, and functionality are owned by Bloom Stories, its licensors, or other providers and are protected by intellectual property laws. You may use the Website and premium content only for your personal, noncommercial use and as otherwise permitted in these Terms.

You acknowledge that the Services and content are protected by copyright, trademark and other laws, and you agree not to remove, alter or obscure any proprietary notices.

User Generated Contents and Contributions

The Website may contain interactive features that allow users to post content ("User Content"). You are solely responsible for your User Content and represent that you own or control all rights in it. You grant us a non-exclusive, royalty-free, worldwide license to use, modify, display, reproduce and distribute your User Content as needed to provide and promote the Services.

Prohibitions

You agree not to, among other things:

• Post content that infringes third-party rights, violates law, is fraudulent, defamatory, obscene, hateful, violent, or otherwise objectionable;
• Access or tamper with non-public areas of the Services or Bloom Stories systems, or attempt to probe, scan, or test vulnerabilities;
• Circumvent any technological measures implemented to protect the Services or content;
• Use any automated means (such as spiders, robots or data mining tools) to access the Services other than through generally available web browsers;
• Interfere with or disrupt the Services or send spam or other unsolicited messages;
• Impersonate any person or entity or otherwise misrepresent your affiliation; or
• Violate any applicable law or regulation.

Links to Third-Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services available from those websites or resources. You assume all risk arising from your use of any third-party websites or resources.

Termination

We may terminate or suspend your access to the Services at any time, at our sole discretion, without notice. You may cancel your Account at any time, if you purchased a Subscription via an App Provider, by cancelling directly with the App Provider. Upon termination, provisions that by their nature should survive will remain in effect, including ownership, warranty disclaimers, limitations of liability and dispute resolution.

Warranty Disclaimers

The Services, Products and content are provided "as is" without warranty of any kind. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Indemnity

You will indemnify and hold harmless Bloom Stories and its officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with your use of the Services or your violation of these Terms.

Limitation of Liability

To the maximum extent permitted by law, neither Bloom Stories nor any other party involved in creating or delivering the Services, Products or content will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or data, arising out of or in connection with these Terms or the use of or inability to use the Services, Products or content.

Dispute Resolution and Governing Law

These Terms and any related dispute will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise provided in the Arbitration section, the exclusive jurisdiction and venue will be the state and federal courts located in the Northern District of California.

General Terms

These Terms constitute the entire agreement between you and Bloom Stories regarding the Services, Products and content and supersede any prior agreements. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

You may not assign or transfer these Terms without our prior written consent. Bloom Stories may freely assign or transfer these Terms. Any notices under these Terms may be provided by email or by posting to the Services.