Welcome to the Blushington website (this “Site”) operated by Blushington.

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THESE TERMS, AS CONTAINED HEREIN ON THIS SITE, SHALL GOVERN YOUR USE OF THIS SITE, INCLUDING ALL PAGES WITHIN THIS SITE.  THESE TERMS APPLY IN FULL FORCE AND EFFECT TO YOUR USE OF THIS SITE AND BY USING THIS SITE, YOU EXPRESSLY ACCEPT ALL TERMS AND CONDITIONS HEREIN IN FULL. YOU MUST NOT USE THIS SITE IF YOU HAVE ANY OBJECTION TO ANY OF THESE STANDARD TERMS AND CONDITIONS. 

BLUSHINGTON MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AND THESE TERMS AT ANY TIME. BY CONTINUING TO USE THIS SITE AFTER ANY CHANGES ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES.

IN ADDITION, CERTAIN SECTIONS OR SERVICES OFFERED BY THIS SITE MAY HAVE ADDITIONAL TERMS GOVERNING THE ACCESS TO OR USE OF SUCH SECTIONS OR SERVICES.

FOR PURPOSES HEREOF, REFERENCES TO THIS SITE INCLUDE THE SOFTWARE AND SERVICES OF VENDORS (AS DEFINED BELOW) THAT ENABLE THE OPERATION OF THE SITE AND/OR SOME OF ITS FEATURES.

PRIVACY AND SECURITY

Please review our Privacy Policy, which also applies to and governs your use of this Site.  Our Privacy Policy also explains how we collect, use and protect your information.

LICENSE

Subject to the terms and conditions hereof, Blushington grants you a limited, revocable, non-exclusive license to access and make personal use of this Site. You may not download or copy this Site or any portion or elements of this Site, except (i) automated temporary page caching by your browser and (ii) a single copy for your own personal use. You may not resell or make any commercial use of this Site or any of its content. Your right to access and use this Site does not include any right to encumber, license, modify, publish, sell, transfer, transmit, or in any other way exploit any of the content on this Site, nor will you attempt to do so, and your right to copy the content of this Site is strictly limited to the conditions herein. You may not “scrape” or otherwise collect from this Site any product descriptions, codes, listings, prices or other information, nor may you use any manual or automated systems, robots or other methods to access, extract or collect information, data or content from or through this Site. You are granted a limited, revocable, non-exclusive license to link, and to send to third parties links, to this Site, subject to your compliance with the “Appropriate Use” terms below, but you may not frame or use similar technologies or techniques to surround, enclose or otherwise alter any element, nor the context of any element, of this Site or its content. You may not otherwise copy, redistribute, publish or otherwise exploit content from this Site without the express prior written permission of Blushington. You further agree and acknowledge that you shall not acquire any ownership or other rights by downloading content from this Site.

INTELLECTUAL PROPERTY RIGHTS

All content of this Site including, without limitation, all trademarks, service marks, tag lines/slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to Blushington or its suppliers, vendors, service providers or its licensors (collectively, such third parties, Blushington’s “vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on this Site, as well as any content original to Blushington, is owned exclusively by Blushington and is protected by United States and international copyright laws. All rights are reserved by Blushington.

You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include Blushington’s intellectual property without the express prior written permission of Blushington and, without limiting the foregoing, you may not use of Blushington’s trademarks, service marks, tag lines/slogans, logos or names in any manner may cause confusion among consumers, nor in any manner without the express prior written consent of Blushington. All trademarks that appear on this Site that are not owned by Blushington are the property of their respective owners.  You may not use any trademarks, copyrights or other intellectual property owned by Blushington in any negative or malicious way or to advertise products or services we do not sell.  

VENDOR SOFTWARE AND SYSTEMS

In addition, certain elements of the Site are operated or use software from Blushington’s vendors pursuant to contractual agreements with Blushington,.  Such vendors are not affiliates and have no relationship other than through these commercial arrangements.  

COPYRIGHT COMPLAINTS/NOTICES OF COPYRIGHT INFRINGEMENT

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Blushington’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site;


(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material:

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

All DMCA notices should be sent to our designated agent as follows:

BLUSHIGTON

8591 Sunset Blvd.

West Hollywood, CA 90069

Email: [email protected]

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

LINKING

Blushington may provide content of third parties (“Third Party Content”) or links to Third Party sites as a service to those interested in this information.  Blushington does not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third party Content or Third Party Sites does not imply any association or relationship between Blushington and such third party.  You click through at your own risk, and Blushington makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to this Site, and all use of the hyper-linked site will be subject to the terms of use and privacy policies of that site. 

COLORS, PRODUCT DESCRIPTIONS AND CONTENT

Blushington displays colors of our products on our Site as accurately as we believe practical, but the actual color you see depends on the lighting and camera equipment used, the reproduction of the images, and the accuracy of the color reproduction on your screen. Blushington attempts to be accurate in the descriptions of the products and other content on this site, however we cannot warrant that the product descriptions or content are error-free, complete or accurate.

All of the information on this Site is current only as of the date it is posted, whether or not such date is indicated.

ACCOUNT INFORMATION, USERNAME AND PASSWORD

When you register for this Site, you will be asked to set up an account and provide an email address and password, as well as other information. You must provide an appropriate and accurate email address and password to access your account information. In order to protect your personal information, you should not provide your account information or password to others. If you register to use this Site, you are responsible for the confidentiality of your account information and password, and ensuring that nobody else accesses or uses your account. By registering to use this Site, you accept responsibility for all activities that occur through or using your account or password. You may only access and use account information that is part of your personal, individual account, and you may not use, download, copy or otherwise exploit the account or account information any other individual, nor use your account for the benefit of another individual or entity. Blushington reserves the right to terminate accounts, to refuse registration and to edit or delete content in its sole discretion.

If you are under thirteen (13), you may use only access or use this Site with the involvement of a parent or legal guardian.

RESERVATION OF RIGHTS

Blushington reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the the Site. Blushington may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms and Conditions, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Blushington (and its employees), its users and the public.

MOBILE SERVICES

If you access this Site via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access this Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

APPROPRIATE USE

You may not use or access this Site, nor use any content from or related to this Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use this Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray Blushington, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use this Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code (“Viruses”); political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; “spam” (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any Submission (defined below). All use of Blushington’s trademarks is subject to “Intellectual Property Rights” above.

SWEEPSTAKES, CONTESTS, AND PROMOTIONS

Any sweepstakes, contest, or other promotion made available through this Site may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms of use set forth herein. Blushington urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms, will govern any information you submit in connection with such activities.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER BLUSHINGTON NOR ITS VENDORS CAN AND DO NOT PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER BLUSHINGTON NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.

NEITHER BLUSHINGTON NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER BLUSHINGTON NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER BLUSHINGTON NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.

BLUSHINGTON PROVIDES THE SITES AND THE COMMUNITY AND ALL OTHER APPLICATIONS AND SERVICES ON THE SITE AS A FORUM ONLY. BLUSHINGTON IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM ON THE SITES OR ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION THROUGH THE COMMUNITY. ANY CONTENT, IF DISPLAYED, IS DISPLAYED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. MORE GENERALLY, CONTENT POSTED VIA OR ON THE SITES OR ANY THIRD-PARTY SITE, INCLUDING THROUGH THE COMMUNITY, IS NOT CONTROLLED BY BLUSHINGTON. BLUSHINGTON DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE COMMUNITY, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE AND BLUSHINGTON SHALL NOT BE LIABLE FOR ANY SUCH CONTENT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL BLUSHINGTON BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR (II) ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE) OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA OR TO THE SITES OR THROUGH THE COMMUNITY. 

BLUSHINGTON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

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INDEMNIFICATION

You agree to defend, indemnify and hold harmless Blushington (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding this Site; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.

 

CHOICE OF LAW/ FORUM SELECTION

These Terms will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to exclusive personal jurisdiction in New York in connection with any dispute between you and us. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, subject to the following provisions: (i) all arbitration proceedings will be heard and decided by a single arbitrator, who will be an attorney with experience and familiarity in the relevant issues and the cosmetics/styling industries, appointed in accordance with the AAA Rules; (ii) the arbitration proceedings shall be conducted in English in New York City; and (iii) any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. If the dispute as such is not arbitrable you consent to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

WAIVER

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Blushington’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

MISCELLANEOUS

If any part of these Terms is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms with respect to the items to which they apply. Blushington may revise or modify this Site, these Terms, products, product information or pricing without notice.

To obtain information about or to make a claim concerning performance of a warranty obligation you must contact Blushington by mail at the following address: Blushington, 8591 Sunset Blvd., West Hollywood, CA 90069 or [email protected]