Terms of Service

Welcome to blushpages.com.

Blush Pages Publishing SP and/or its affiliates (“Blush Pages Publishing SP”) provide you with access to website features, products, and services when you visit blushpages.com, use our mobile applications, or interact with any software connected to our offerings (collectively referred to as “Blush Pages Publishing SP Services”). All Blush Pages Publishing SP Services are provided according to the terms and conditions outlined below.

By using Blush Pages Publishing SP Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Blush Pages Publishing SP Services, and sometimes additional terms may apply. When you use an Blush Pages Publishing SP Service (for example, Your Profile, Your Media Library, or Blush Pages Publishing SP applications) you also will be subject to the guidelines, terms and agreements applicable to that Blush Pages Publishing SP Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of Blush Pages Publishing SP Services, to understand our practices.

Electronic Communication

When you use Blush Pages Publishing SP Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Blush Pages Publishing SP Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copywright

All content included in or made available through any Blush Pages Publishing SP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Blush Pages Publishing SP or its content suppliers and protected by EU and international copyright laws. The compilation of all content included in or made available through any Blush Pages Publishing SP Service is the exclusive property of Blush Pages Publishing SP and protected by EU and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Blush Pages Publishing SP Service are trademarks or trade dress of Blush Pages Publishing SP in the EU and other countries. Blush Pages Publishing SP’s trademarks and trade dress may not be used in connection with any product or service that is not Blush Pages Publishing SP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blush Pages Publishing SP. All other trademarks not owned by Blush Pages Publishing SP that appear in any Blush Pages Publishing SP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blush Pages Publishing SP.

License and access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Blush Pages Publishing SP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Blush Pages Publishing SP Services. This license does not include any resale or commercial use of any Blush Pages Publishing SP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Blush Pages Publishing SP Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Blush Pages Publishing SP or its licensors, suppliers, publishers, rightsholders, or other content providers. No Blush Pages Publishing SP Service, nor any part of any Blush Pages Publishing SP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Blush Pages Publishing SP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blush Pages Publishing SP without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blush Pages Publishing SP’s name or trademarks without the express written consent of Blush Pages Publishing SP. You may not misuse the Blush Pages Publishing SP Services. You may use the Blush Pages Publishing SP Services only as permitted by law. The licenses granted by Blush Pages Publishing SP terminate if you do not comply with these Conditions of Use or any Service Terms.

Your account

You may need your own Blush Pages Publishing SP account to use certain Blush Pages Publishing SP Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Blush Pages Publishing SP does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Blush Pages Publishing SP Services only with involvement of a parent or guardian. Blush Pages Publishing SP reserves the right to refuse service, terminate accounts, terminate your rights to use Blush Pages Publishing SP Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and other content

You may post reviews, comments, photos, videos, and other content; send any other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Blush Pages Publishing SP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Blush Pages Publishing SP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Blush Pages Publishing SP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blush Pages Publishing SP for all claims resulting from content you supply. Blush Pages Publishing SP has the right but not the obligation to monitor and edit or remove any activity or content. Blush Pages Publishing SP takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of loss

All purchases of physical items from Blush Pages Publishing SP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, refunds and title

Blush Pages Publishing SP does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Blush Pages Publishing SP does not take title to the refunded item.

Product descriptions

Blush Pages Publishing SP attempts to be as accurate as possible. However, Blush Pages Publishing SP does not warrant that product descriptions or other content of any Blush Pages Publishing SP Service is accurate, complete, reliable, current, or error-free.

Pricing

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Blush Pages Publishing SP and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Blush Pages Publishing SP.

With respect to items sold by Blush Pages Publishing SP, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Blush Pages Publishing SP is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BLUSH PAGES PUBLISHING SP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLUSH PAGES PUBLISHING SP SERVICES ARE PROVIDED BY BLUSH PAGES PUBLISHING SP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLUSH PAGES PUBLISHING SP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLUSH PAGES PUBLISHING SP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLUSH PAGES PUBLISHING SP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLUSH PAGES PUBLISHING SP SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BLUSH PAGES PUBLISHING SP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUSH PAGES PUBLISHING SP DOES NOT WARRANT THAT THE BLUSH PAGES PUBLISHING SP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLUSH PAGES PUBLISHING SP SERVICES, BLUSH PAGES PUBLISHING SP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLUSH PAGES PUBLISHING SP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLUSH PAGES PUBLISHING SP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLUSH PAGES PUBLISHING SP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BLUSH PAGES PUBLISHING SP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Blush Pages Publishing SP Service, or to any products or services sold or distributed by Blush Pages Publishing SP or through blushpages.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW