last modified March, 2018

terms of service


these terms and conditions (aka the "terms of service") govern your access to and use of blushgarden's websites, mobile applications, and any other features, tools, applications, materials or other services offered by blushgarden (collectively, the "service"). we offer to provide the blushgarden services for your personal enjoyment and entertainment. by accessing or using the service, you are agreeing to these terms of service. do not access or use the site or service if you are unwilling or unable to be bound by the terms of service.

violation of any of the terms below will result in the termination of your account. while blushgarden prohibits such conduct and content on the service, you understand and agree that blushgarden cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. you agree to use the service at your own risk. blushgarden reserves the right to refuse service to anyone for any reason at any time.

definitions

parties

"you" and "your" refer to you, as a user of the service. a "user" is someone who accesses, browses, or in any way uses the service. "we", "us", "our" refer to blushgarden.

content

"content" means text, images, photos, and all other forms of data or communication. "your content" means content that you submit or transmit to, through, or in connection with the service, such as reviews, images, ratings, messages, and information that you post or are displayed in your account profile. "user content" means content that users submit or transmit to, through, or in connection with the service. "blushgarden content" means content that we create and make available in connection with the service. "third party content" means content that originates from parties other than blushgarden or its users, which is made available in connection with the service. "site content" means all of the content that is made available in connection with the service, including your content, user content, third party content, and blushgarden content.

changes to the terms of service

we reserves the right to update and change the terms of service at any time and such modification will be effective upon posting the new terms of service. we will indicate at the top of this page the date that revisions were last made. any new features that augment or enhance the current service, including the release of new tools, features and resources, shall be subject to the terms of service. your continued access to or use of the service after any posted modification to the terms of service will indicate your agreement to such modification.

access and use of the service

eligibility

to access or use the service, you must be 13 years or older and have the authority to enter into these terms of service. you must be a human. accounts registered by “bots” or other automated methods are not permitted. you may not access or use the service if we have previously banned you from the service or closed your account.

permission to use the service

we grant you permission to use the service subject to the restrictions in these terms of service. blushgarden owns and retains all rights to the blushgarden services. your use of the service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

site availability

we hope not to, but we may find it necessary to change, modify, update, interrupt, suspend or discontinue - temporarily or permanently - some or all of the functions or content of the blushgarden services, at any time without notice. we reserve the right to revoke a username at our discretion if we find it necessary. it is important to understand that blushgarden will not be liable to you for any modification, suspension or discontinuance of the blushgarden services, or for revocation of a username.

user accounts

you must create an account and provide certain information about yourself in order to use some of the features that are offered through the service. you are responsible for maintaining the security of your account password. you are also responsible for all content posted and activity that occurs in connection with your account. you agree to notify us at as soon as you know of, or suspect any unauthorized use of your account. your account is for your personal, non-commercial use only. in creating an account, you agree to provide complete and accurate information about yourself. you may not impersonate someone else, create or use an account for anyone other than yourself, share a login with multiple people, provide an email address other than your own, or create multiple personal accounts.

content

blushgarden does not pre-screen content, we reserve the right to refuse or remove any content that is available via the service.

responsibility for your content

you are responsible for the content and information you post on blushgarden(including but not limited to text, data, and photos) (collectively, "your content"), and once published, it cannot always be withdrawn. blushgarden does not claim any ownership rights to your content, even after you post it on blushgarden. you assume all risks associated with your content, including anyone's reliance on its quality, accuracy, reliability, or any disclosure by you of information in your content that makes you personally identifiable. you also represent and warrant that the posting of your content is not known to be false or inaccurate and does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. you represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. you may not imply that your content is in any way sponsored or endorsed by blushgarden. blushgarden will remove your content if properly notified that your content infringes on another person's rights, and may deactivate your account and/or revoke your username if properly notified that your use of the username infringes on another person's (or business') intellectual property or publicity rights. you understand that blushgarden does not guarantee any confidentiality with respect to your content, that blushgarden takes no responsibility for your content, and cannot be held liable for your content.

our right to use your content

you specifically give blushgarden the following permission: you irrevocably grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use, display, reproduce, reformat, incorporate it into advertisements and other works, distribute, modify, prepare derivative works of, perform, promote, or publish (collectively, "use") your content in any media channels, platforms or formats for any purpose. you also acknowledge that blushgarden may sell advertising around your content, so long as the placement and messaging of such advertising does not suggest or imply that your content is in any way endorsed by or affiliated with the sponsor or its products or services. by posting your content, you also hereby grant each user of the blushgarden services a non-exclusive limited license to use your content as permitted through the functionality of the blushgarden services and under these terms of service.

ownership

you own your content. we claim no intellectual property rights over the material you provide to the service. your profile and materials uploaded remain yours. we own the blushgarden content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the service excluding your content, user content and third party content. we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "ip rights") associated with the blushgarden content and the service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the blushgarden content in whole or in part except as expressly authorized by us.

trademarks

blushgarden, the blushgarden logo, and other blushgarden marks, graphics, logos, and scripts are trademarks of blushgarden. none of the blushgarden trademarks may be copied, downloaded or otherwise used without blushgarden's prior written consent.

advertising

blushgarden may publicly display advertisements and other information adjacent to or included with your content. you are not entitled to any compensation for such advertisements. the manner, mode and extent of such advertising are subject to change without notice.

blushgarden takes no responsibility for advertisements, nor does it take any responsibility for the products or services provided by advertisers. any dealings you have with advertisers found while using the blushgarden services are between you and the advertiser, and you agree that blushgarden is not liable for any loss or claim that you may have against an advertiser.

other

some content posted by users ("user content") may be objectionable, unlawful, inaccurate or inappropriate. blushgarden does not endorse user content, and the user content does not reflect the opinions or policies of blushgarden. we reserve the right, but have no obligation, to monitor user content and to restrict or remove user content that we determine, in our sole discretion, is inappropriate. for example, we may remove a review if we believe it violates our community guidelines. we have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.

in no event does blushgarden assume any responsibility or liability whatsoever for any user content, and you agree to waive any legal or equitable rights or remedies you may have against blushgarden with respect to such user content. you can help us tremendously by notifying us of any inappropriate user content you find. if a "report" feature through the blushgarden services is not available for a specific instance of inappropriate user material, please email us at .

restrictions

we are under no obligation to enforce the terms of service on your behalf against another user. while we encourage you to let us know if you believe another user has violated the terms of service, we reserve the right to investigate and take appropriate action at our sole discretion.

we do our best to keep blushgarden safe, but we cannot guarantee it. we need your help in order to do that, which includes the following commitments:

you agree not to use the service to:

  • violate our community guidelines;
  • violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • threaten, bully, stalk, intimidate, impersonate, promote bigotry or discrimination, harm or harass any user, or otherwise interfere with any other party's use and enjoyment of the blushgarden services.
  • promote a business or other commercial venture or event, or otherwise use the service for commercial purposes, except as expressly permitted by blushgarden;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the service's search results or any third party website;
  • send or otherwise post unauthorized commercial communications to users (such as spam, marketing, sales offers, coupons, or related materials)
  • collect users' information, data, or otherwise access blushgarden to access, retrieve, scrape, or index any portion of the service or any site content, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  • record, process, or mine information about other users;
  • solicit personal information from minors, or submit or transmit pornography; or
  • post content that is defamatory, fraudulent, libelous, obscene, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

you also agree not to:

  • violate the terms of service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the service or site content (other than your content), except as expressly authorized by blushgarden;
  • reverse engineer any portion of the service;
  • remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the service or on any materials printed or copied from the service;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on blushgarden's technology infrastructure or otherwise make excessive traffic demands of the service;
  • solicit login information or access an account belonging to someone else;
  • attempt to gain unauthorized access to the service, user accounts, computer systems or networks connected to the service through hacking, password mining or any other means;
  • you will not upload viruses or other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; %li use any device, software or routine that interferes with the proper working of the service, or otherwise attempt to interfere with the proper working of the service;
  • use the service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the service or site content;
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the service, features that prevent or restrict the use or copying of site content, or features that enforce limitations on the use of the service; or
  • use blushgarden to do anything unlawful, misleading, malicious, or discriminatory.

you will not facilitate or encourage any violations of this statement.

guidelines and policies

content guidelines

you represent that you have read, understand and agree to follow our community guidelines.

collection and use of personal information

your privacy is very important to us. we designed our privacy policy to make important disclosures to you about how we collect and use the information you post on blushgarden. we encourage you to read the privacy policy, and to use the information it contains to help make informed decisions. the privacy policy is incorporated by reference and made part of this terms of service. thus, by agreeing to this terms of service, you agree that your presence on the blushgarden site and use of the blushgarden services are governed by the blushgarden privacy policy in effect at the time of your use.

although we allow you to set privacy options that limit access to your profile information, be aware that no security measures are perfect or impenetrable. we cannot control the actions of other users with whom you may choose to share your information. therefore, we cannot and do not guarantee that the content you post on blushgarden will not be viewed by unauthorized persons. we are not responsible for circumvention of any privacy settings or security measures contained on the site. you understand and acknowledge that, even after removal, copies of your content may remain viewable in cached and archived pages or if other users have copied or stored your content.

notice and procedure for claims of copyright (or other) infringement

if you believe that any content, user material or other material provided through the blushgarden services infringes your copyright, you should notify blushgarden of your infringement claim in accordance with the procedure set forth below.

we will process each notice of alleged infringement which blushgarden receives and take appropriate action in accordance with applicable intellectual property laws. a notification of claimed copyright infringement should be emailed to blushgarden by using our address (subject line: "DMCA takedown request").

the notification must be in writing and contain the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description identifying the copyrighted work that you claim has been infringed;
  3. a description of where the allegedly infringing content is located on the blushgarden services that is reasonably sufficient to enable blushgarden to identify and locate the material;
  4. how blushgarden can contact you, such as your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

blushgarden has a policy of terminating a user's account if the user is determined to be a repeat infringer.

if you believe that any content, user material, username, or other material provided through the blushgarden services, infringes your trademark or other intellectual property rights, you should notify blushgarden of your infringement claim by sending us an email at with the nature of your claim in the subject line.

suggestions and improvements

we always appreciate your feedback or other ideas and suggestions about blushgarden, but you understand that we may use them without any obligation to compensate or acknowledge you for them (just as you have no obligation to offer them).

linked websites and advertising

third party websites

we provide links to other websites, and no assumption should be made that blushgarden operates, controls, or is otherwise connected with these websites. when you click on a link within the blushgarden services, we will not warn you that you have left our site and are subject to the terms and conditions (including privacy policies) of the destination website. please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. these terms are for this site only and not for any other website.

blushgarden is not responsible for the content or practices of any other website, even if it links to the blushgarden site or any of the other sites and even if the website is operated by a company affiliated or otherwise connected with blushgarden. by using the blushgarden services, you acknowledge and agree that blushgarden is not responsible or liable to you for any content or other materials hosted and served from any third party website. your use of third party sites is at your own risk.

advertisements

blushgarden takes no responsibility for advertisements, nor does it take any responsibility for the products or services provided by advertisers. any dealings you have with advertisers encountered while using the blushgarden services are between you and the advertiser, and you agree that blushgarden is not liable for any loss or claim that you may have against an advertiser.

payments

access to the blushgarden site and use of the blushgarden services is free. if we feel it is appropriate to charge for certain premium blushgarden services, we will of course notify you. you will then have an opportunity not to use such premium blushgarden services if you are not interested in paying for them. you are responsible for any costs you incur to access the internet.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

YOU AGREE THAT USE OF THE BLUSHGARDEN SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE BLUSHGARDEN SERVICES, SITE CONTENT, USER CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH BLUSHGARDEN, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLUSHGARDEN DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE BLUSHGARDEN SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, COMPLETE, ERROR FREE, RELIABLE, OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUSHGARDEN OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "BLUSHGARDEN PARTIES"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUSHGARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE BLUSHGARDEN PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE BLUSHGARDEN SERVICES.

disclaimer

blushgarden contains images and information about various beauty products. the company, product and service names used in this web site are only for identification purposes. all copyrights, trademarks, registered trademarks and service marks mentioned or used on this site are the property of their respective owners and are used for information and entertainment purposes only.

while every effort is made to ensure the accuracy of the information on this site. the information and advice on this website is given "as-is" for education, entertainment and information purposes only, without any form of warranty expressed or implied. any use of the information or advice contained on this site is solely at your own risk.

all opinions on blushgarden are those of the individual authors only, and do not necessarily represent the views of blushgarden or of any other person or company.

blushgarden uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. you understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

choice of law and venue

these terms of use shall be governed by and construed in accordance with the laws of the state of texas. you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of texas, the united states of america, for any litigation arising out of or relating to the use of the blushgarden.com web site, waive any objection to the venue of any such litigation in the texas courts and agree not to plead or claim in any texas court that such litigation brought therein has been brought in an inconvenient forum. if any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity or enforceability of any remaining provisions.

cancelation

you can terminate the terms of service at any time by discontinuing your use of the service, and canceling your account by following the instructions on your profile page. all of your content may be immediately deleted from the service upon cancellation. this information may not be recoverable once your account is cancelled.

we reserve the right to immediately terminate your account or your use of the blushgarden services at any time without notice or liability if blushgarden determines in its sole discretion that you have breached this terms of service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or that there is some other reasonable basis for terminating your account or your use of the blushgarden services. we also reserve the right to terminate your account or your use of the blushgarden services if such use places an undue burden on our network or servers. we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the blushgarden servers being made or the volume of user content being posted.

general terms

your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis.

we may provide you with notices, including those regarding changes to the terms of service by email, regular mail or communications through the service.

no waiver/reliance.

if you see other users violating these terms, we would appreciate it if you would please email us at (subject line: "tos violation"). precisely how blushgarden responds to a party that is violating these terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. do not rely upon blushgarden's response in one situation as any indication of what blushgarden might do with respect to a different party or a different situation at a different time. in addition, please do not construe a waiver of any provision of these terms of service with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. blushgarden's decision to delay exercising or enforcing any right or provision of the terms of service shall not constitute a waiver of such right or provision.

integration, amendment, and severability

this terms of service constitutes the entire legal agreement between you and blushgarden and governs your use of the blushgarden services. it may not be amended or varied by you except in a writing signed by blushgarden. we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures, but for these purposes a signature may not include an electronic or digital signature. even if blushgarden acts in a way that appears to you to be inconsistent with these terms of service, such action(s) should not be deemed a waiver or constructive amendment of these terms. this terms of service operates to the fullest extent permissible by law. if any provision of these terms is unlawful, void or unenforceable, that provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.