TERMS & CONDITIONS
Blootopia, LLC (“Blootopia,” “we”, “us”, “our”, “the Service”, and/or "the site") provides its services (described below) to you through its website located at Blootopia.com (the “Site”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service” or "Terms & Conditions"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page. We will also notify you in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service..
Please read these Terms of Service carefully as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Blootopia on an individual basis, not as a plaintiff or Skill Session member in any Skill Session or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
The Services consist of an online marketplace and platform through which customers teach Skill Sessions (“Mentors”) that they make available for sale to Customers (“Mentees”), and Mentees may purchase such Skill Sessions for their benefit. While Blootopia strives to high standards of service, you acknowledge and agree that: (1) Blootopia is not a party to any agreements entered into and/or between Mentors and Mentees, (2) Blootopia only provides certain tools to facilitate the purchase, sale, and provision of Skill Sessions, (3) Mentees contract for Skill Sessions directly with Mentors (4) Blootopia is not a broker, agent (except as expressly set forth below) or insurer, and (5) Blootopia disclaims all liability for the conduct of Mentors, Mentees, or any other Users of the Site or Skill Sessions or while in Skill Sessions.
“User” “you” or “your” means a person, organization or entity using the Services, including Mentors and Mentees.
“Mentor(s)” means a person who completes Blootopia’s account registration process to sell Skill Sessions on the Site, or an organization that executes an agreement with Blootopia to sell Skill Sessions on the Site.
“Skill Session(s)” means any online Skill Session(s) submitted by a Mentor for sale on the Site.
Access and Use of the Service
Services Description: Blootopia’s service is a marketplace for facilitating the sharing of knowledge in a live and personable, but fully virtual, environment. As the provider of an online marketplace, Blootopia does not own, create, sell, resell, control, or manage any Skill Sessions. Blootopia's responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Skill Sessions, and (ii) serving as the limited agent for the purpose of accepting payments from a Mentee. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Blootopia strives to provide a welcoming environment for its users, you agree that all of these risks are ultimately borne by you, and not Blootopia. Blootopia does not control the behavior of Users or the quality of the Skill Sessions. As a result, Blootopia cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Skill Sessions including Mentors themselves.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password and/or account. You agree to (a) immediately notify Blootopia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Blootopia will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Blootopia reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Blootopia will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Blootopia may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Blootopia’s servers on your behalf. You agree that Blootopia has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Blootopia reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Blootopia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Skill Session Handbook: By signing up and registering to use the site, you agree to the terms and conditions written in the Skill Session Handbook. You are responsible for reading the Skill Session Handbook on your own. This handbook may be updated from time-to-time with little to no notification.
Skill Session Content Policy: By signing up and registering to use the site, you agree to the terms and conditions written in the Skill Session Content Policy. You are responsible for reading the Skill Session Content Policy on your own. This policy may be updated from time-to-time with little to no notification. There will be zero tolerance towards any violations of this policy.
Certain Mentor Obligations
Marketplace Basics: As a Mentor, you must provide Blootopia with any information requested in order for Blootopia to list your Skill Sessions through its Services including but not limited to a description and price for the Skill Sessions. Blootopia has sole discretion as to which Skill Sessions we list on the marketplace and we reserve the right to reject any Skill Sessions or remove Skill Sessions from the marketplace for any reason. Additionally, Blootopia has discretion to edit Skill Session descriptions as needed to conform them to our marketplace standards. Blootopia has sole discretion as to which Mentors are accepted into the marketplace and we reserve the right to reject any potential Mentor and remove or suspend any Mentor from the marketplace for any reason. Blootopia may, but is not required to, conduct background checks on and interviews of Mentors in its discretion and solely for its own benefit. As a Mentor, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Community Standards: When you join the Blootopia community, you agree to follow our policies, including all user expectations, policies, and handbooks. Those expectations include thoughtful and professional communications with our community (colleagues, Mentors, and Mentees), modeling appropriate behavior, and acting professionally. In addition, you agree to use social media, blogs, vlogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Blootopia-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, discriminate, demean, or cause harm to others, or to create conflict; or any other posts or content that Blootopia, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to, posting online or speaking to the media on Blootopia’s behalf without prior written authorization from Blootopia; posts that Blootopia, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about Mentees, Mentors, or Blootopia staff, even if the target is not identified by name; sharing any private material, communication, or information regarding Mentor, Mentees, or Blootopia Staff, including but not limited to Mentees or Mentors names, photos, conversations, emails, personal or performance information, screenshots of work or video content, or any other personal identifying information; posts that may be harmful to Blootopia’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of any one; and any other violation of Blootopia’s community standards.
Mentor Responsibilities: Each Mentor is solely responsible for obtaining all licenses and other permissions required to offer or provide any Skill Sessions, and Blootopia assumes no responsibility for a Mentor's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules, or regulations.
You understand and agree that Blootopia is not an insurer, agent, or employer for you as a Mentor. If a Mentee purchases any of your Skill Sessions, any agreement you enter into with such Mentee is between you and the Mentee, and Blootopia is not a party thereto. Notwithstanding the foregoing, Blootopia is authorized to serve as your limited agent purely for the purpose of accepting payments from Mentees on your behalf and transmitting such payments to you (minus any applicable Fees). You acknowledge and agree that, as a Mentor, you are responsible for your own acts and omissions while using the Services. With the sole exception of Mentees enrolled in the applicable Skill Session, you further agree that you will not share any Skill Session Recordings made available to you by Blootopia to any third parties or recordings done on your own accord without the permission of the Mentee.
Mentor Payment: Blootopia will transfer the monies earned to the Mentor’s Blootopia account for each sale of a Skill Session (or set of Skill Sessions, as applicable) to a Blootopia Mentor account within a reasonable period of time, minus any of Blootopia’s service and/or processing fees (“Blootopia Fee”), Blootopia commissions, referral bonuses/fees, and/or any applicable taxes.
Indemnity and Release:
You (Mentor or Mentee) agree to release, indemnify and hold Blootopia and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Additionally, Mentees (or anyone acting in a Mentee capacity) agree to release, indemnify, and hold Mentors harmless for any actions that they (Mentees) take within and/or outside of a scheduled Skill Session. You acknowledge and agree that, as a Mentee, you are responsible for your own acts and omissions while using the Services. You agree that all actions and/or decisions, both voluntary and involuntary, taken within and/or outside of a scheduled Skill Session are of your own volition and accord. You waive any laws, statutes, or doctrines that may hold a Mentor accountable for any personal actions or decisions within or outside of a scheduled Skill Session.