Terms of Service
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Last Updated: October 14 2025]
Welcome to BloomiVerse! These Terms of Service ("Terms") govern your access to and use of the BloomiVerse mobile application and other products and services (collectively, the "Services") provided by BloomiVerse, LLC ("Bloom" or "we"). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver below. If you do not agree to these Terms, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at bloomiverseapp@gmail.com
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Use of Our Services
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Eligibility
The Services are offered and available to users who reside in the United States or any of its territories or possessions. For users under 18 years of age, a parent or legal guardian must agree to these Terms on behalf of the minor. By using the Services, you confirm that you are of legal age to form a binding contract with Bloom or that you have parental consent, and meet these eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
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Children's Privacy and Safety
We are committed to protecting the privacy and safety of children who use our Services. Our collection, use, and disclosure of personal information from children under 13 is governed by the Children's Online Privacy Protection Act (COPPA) and our Privacy Policy. Parents and guardians are encouraged to monitor their children's use of our Services and to contact us with any concerns.
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Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at www.bloomcreativearts.com/privacy.
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Changes to the Services and Availability
We may change our Services, including songs, characters, features, and other content we provide in our mobile application, from time to time, in our sole discretion without notice, including removing or adding content. The content is not necessarily complete or up to date. We are under no obligation to update such material, and we will not be liable if all or any part of our Services is unavailable at any time or for any period.
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Accessing the Services
You are responsible for making all arrangements necessary for you to have access to our Services, including obtaining a compatible mobile device and internet connection.
From time to time, we may restrict user access, including registered user access, to some parts of our Services or all the Services for maintenance, updates, or other reasons.
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Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree not to:
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Use the Services to engage in illegal activities or violate the rights of others.
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Use the Services in any manner that could disable, overburden, or impair the app or interfere with any other party's use of the Services.
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Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the songs, characters, or other material in the Services.
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Use any manual process to monitor or copy any of the material from the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Services.
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Introduce any viruses or other material that is malicious or technologically harmful.
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Attempt to gain unauthorized access to any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
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Record, reproduce, distribute, or create derivative works of our songs, characters, or other copyrighted content without express written permission.
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Accounts
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes or becomes inaccurate or incomplete. All information you provide to register for an account is governed by our Privacy Policy. You also must maintain the security of your account, including ensuring that you exit from your account at the end of each session and protecting the secrecy of your password or any other secret login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users that occur in connection with your account.
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We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights in those usernames.
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Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Bloom does not control or endorse any Third-Party Content and makes no representations or warranties regarding that content. Your access to and use of such Third-Party Content is at your own risk.
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Intellectual Property Rights
The contents of the Services, including but not limited to songs, music, lyrics, digital characters, animations, graphics, videos, audio recordings, artwork, and software, are owned by Bloom, its licensors, or other providers of such material, and are protected by intellectual property laws of the United States, international agreements, and other proprietary rights. You may not copy, distribute, modify, record, or reproduce materials in any way except as follows:
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Your mobile device may temporarily store copies of such materials incidental to your accessing and viewing those materials within the app.
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You may store files that are automatically cached by the app for display enhancement purposes.
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You may download the mobile application to your device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for the application.
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You must not:
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Record, copy, or reproduce any songs, music, character voices, or other audio content from the Services.
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Modify copies of any materials from the Services.
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Use any songs, music, characters, animations, video or audio sequences, or any graphics separately from the Services or for commercial purposes.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
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Create derivative works based on our characters, songs, or other content.
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If you wish to make any use of material from our Services other than that set out in this section, please address your request to: bloomiverseapp@gmail.com
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Trademarks
The name Bloom Creative Arts, BloomiVerse, Bloom Early Learning Center, Bloom Creative Arts Preschool, Music Rocks!, our logos, our character names and likenesses, our song titles, our slogans, and the look and feel of the Services are trademarks of Bloom and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
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Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Bloom or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to copy or publish the Feedback or to develop or improve the Services. You understand that Bloom may treat Feedback as nonconfidential.
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User Contributions
The Services may contain features that allow users to post, submit, publish, display, or transmit to other users content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with these Terms and our Community Guidelines.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties your User Contribution for any purpose.
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By submitting a User Contribution, you confirm that you own or control all rights in and to it and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You also confirm that all your User Contributions do and will comply with these Terms and our Community Guidelines. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bloom, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
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We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Claims of Infringement
If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act ("DMCA") to:
Megan Coltoniak
40 Main Street
Hamburg NY 14075
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To find out what to include in the notice, click here to read the DMCA.
It is Bloom' policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
Online Purchases and Other Terms and Conditions
All purchases through our Services are governed by our Privacy Policy and Purchase Terms, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
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Disclaimer of Warranties
IMPORTANT! Read carefully.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Bloom does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Bloom attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
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Limitation of Liability
IMPORTANT! Read carefully.
To the fullest extent permitted by applicable law, Bloom will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Bloom has been advised of the possibility of such damages.
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The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Bloom or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
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Indemnification
You agree to defend, indemnify, and hold harmless Bloom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Dispute Resolution; Binding Arbitration
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IMPORTANT! Read carefully.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Bloom and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
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No Representative Actions
IMPORTANT! Read carefully.
You and Bloom agree that any dispute arising out of or related to these Terms or our Services is personal to you and Bloom and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
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Arbitration of Disputes
Jury Trial Waiver
Except for small claims disputes in which you or Bloom seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Bloom seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Bloom waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
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Informal Resolution of Claims
Instead, for any dispute or claim that you have against Bloom or relating in any way to the Services, you agree to first contact Bloom and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Bloom by email at [CONTACT EMAIL]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above.
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Binding Arbitration
If you and Bloom cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Erie County, New York, or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000 or in circumstances where both parties agree to a telephonic appearance, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). For purposes of this section, you will be deemed a "consumer" if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
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You and Bloom agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
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Confidentiality
The arbitrator, Bloom, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
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Filing Fees
You and Bloom agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Bloom will pay the remaining JAMS fees and costs. For any arbitration initiated by Bloom, Bloom will pay all JAMS fees and costs. You and Bloom agree that the state or federal courts of New York and the United States sitting in Erie County, New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Right to Opt Out of Binding Arbitration
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IMPORTANT! Read carefully.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by emailing us at bloomiverseapp@gmail.com. In order to be effective, the opt-out notice must include your full name and address and a clear statement of your intent to opt out of binding arbitration.
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Unenforceability
If any portion of this section is found to be unenforceable or unlawful for any reason, the rest remains effective. To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
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Deadline For Bringing a Claim
IMPORTANT! Read carefully.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Bloom will not have the right to assert the claim.
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Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule (whether of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of New York, in each case located in Erie County. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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General Provisions
Waiver and Severability
The failure of Bloom to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
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Entire Agreement
The Terms, including the Privacy Policy and any other policies referenced herein, describe the sole and entire agreement between you and Bloom regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.