Terms of Service

Bllush Visuals Ltd. ("Bllush" or, "us", "our", "we") provides an online platform and content management service made available through Smize, a Bllush Internet site available at www.smize.co to facilitate the sharing of User Content (as defined below) with fashion brands ("Brands"), for use in advertising, marketing, promotional, and other customer engagement channels (the "Service").

These Terms of Service ("Terms") govern your access to and use of the Service. "You" or "Your" means any user of the Service.

Please read these Terms carefully. By using these Service you signify your consent to both these Terms and our Privacy Policy, which is available at www.bllush.com/privacy. Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance to amended or updated Terms. If you do not agree to any of these Terms, please do not use the Service.

Use of Service

Bllush allows you to access and use the Service subject to these Terms for your own personal use. Bllush may, in its sole discretion and at any time, discontinue providing the Service or any part thereof without notice.

Use of and access to the Service is void where prohibited by law. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Service and (d) your use of the Service does not violate any applicable law or regulation or any obligation.

Account Registration

You may register to use Bllush by providing certain requested information. When you complete the registration process, you create a Bllush account. Bllush reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You may not provide false information during the registration process. You should not reveal your password to others. Bllush will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone else use it and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin Bllush again without our express permission.

You agree to notify Bllush immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your mobile device, computer system and all activity on your account, even if such activities were not committed by you. Bllush will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Bllush harmless for any improper or illegal use of your account, unless you have notified us via e-mail to [email protected] that your account has been compromised, and have requested us to block access to it.

Termination of Account

You agree that Bllush may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, including Brands, third parties, or the business interests of Bllush.

If Bllush believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Bllush account at any time and for any reason by sending an email to [email protected] Any suspension, termination, or cancellation shall not affect your obligations to Bllush and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Intellectual Property

Bllush owns the Service, including all worldwide intellectual property rights in the Service, and the trademarks, service marks, and logos contained therein. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Bllush, Brands, or any third party.

User Content

You may directly upload User Content to the Site, add images from Instagram that you have requested be added to your Account or post User Content via your Instagram account by using the Brand and/or Bllush Hashtags (the "Brand-Tags"). "User content" means any material that you upload, transfer, post or otherwise make available to Bllush, including by using the Brand-Tags, and including any textual, graphic, visual or audio content.

Bllush has no obligation to accept, display, review or maintain any User Content. Moreover, Bllush reserves the right to edit, delete, distort or remove User Content from the Service without notice for any reason at any time. Any posted or submitted User Content shall not be considered confidential. User Content that you submit or post may be available to the public, and you should have no expectation of privacy in the same, except as pursuant to our Privacy Policy as updated and amended from time to time. By using the Service, you are consenting to the collection of any personal information you provide, on behalf of the Licensed Parties (as defined below) for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. BLLUSH DOES NOT ENDORSE ANY CONTENT BY ANY BRAND OR USER AND BLLUSH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.

You are fully and solely responsible for any User Content you submit or post. You agree that you will not act in any way or transmit or post any User Content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations; or would cause Bllush to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Bllush or any third party; or (h) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

Bllush may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Bllush reserves the right to treat User Content as content stored at the direction of users for which Bllush will not exercise editorial control except when violations are directly brought to Bllush’s attention.

By submitting or posting any User Content, you grant Bllush and its successors and assigns, and the Brand, the Brand's service providers and Brand retail partners (the "Licensed Parties"), a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such User Content on, through or in connection with the Service (including to post such User Content to any websites or other digital properties operated by the Licensed Parties) in any media formats and through any media channels, including without limitation, for commercially promoting the Service or the Brands. You hereby grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content, and subject to our Privacy Policy as updated and amended from time to time.

We do not request your feedback regarding the Service. Notwithstanding the foregoing, if you provide us with any feedback regarding the Service, we may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

Copyright Infringement

Bllush respects the intellectual property rights of others and expects its users to do the same. Bllush will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Service infringes their rights. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Bllush policy to determine whether it is appropriate to terminate the account of repeat infringers, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: [email protected]

Disclaimers & Disclaimer of Warranty

Your use of the Service is at your sole discretion and risk. Any actions you take on the Service are taken at your own risk and we will not accept any liability in respect thereof. The Service is provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Bllush. BLLUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND/OR USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLLUSH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND/OR USER CONTENT; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.

The inclusion of User Content on the Service does not imply Bllush’s endorsement of or any affiliation with you, the User Content, or any Brand featured in such User Content. Bllush has no control over the business practices or privacy policies of Brands, Brand properties or any content included therein. Brands may obtain personal information about you due to your use of the Service, including through any User Content that you make available through your account. Brands receiving or viewing User Content may use your information (such as your contact details) for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any User Content except as described in the Privacy Policy as updated and amended from time to time. By making any information (including your contact details) available through the Service you acknowledge that you understand and have agreed to such risks. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF BRANDS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

No advice or information, whether oral or written, obtained by you from Bllush, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL BLLUSH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BLLUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL BLLUSH'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO BLLUSH FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO BLLUSH FOR THE USE OF THE SERVICE, THEN BLLUSH SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

In addition to the foregoing, Bllush assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. Bllush is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation, uploading or downloading materials in connection with the Service. UNDER NO CIRCUMSTANCES SHALL BLLUSH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY USERS OR BRANDS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

Indemnification

You agree to indemnify, defend, and hold harmless Bllush and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

Term

We reserve the right to terminate without notice the use of the Service by any user we have reason to believe may be using the Service either fraudulently, in bad faith or in violation of these Terms. Notwithstanding the termination of these Terms, all provisions of these Terms which by their nature should survive termination shall survive termination of these Terms for any reason, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to email communications through the information provided in your account. Notices sent by email shall be deemed received when they are sent by us. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Bllush or authorizes you to act on behalf of Bllush. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. Bllush may assign its rights or obligations pursuant to these Terms. You may not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of Israel, and the competent courts in Tel-Aviv/Jaffa, Israel shall have exclusive jurisdiction to hear any disputes arising hereunder.

Last Updated: January 2017.