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.
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.
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.
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
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.
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.
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.
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.