Blushiee (“we” or “our”) welcomes you (the “User(s)” or “you”) to our website at [www.blushiee.com] (the “Website”). Each of the Website’s Users may use the Website per the terms and conditions hereunder.
Acceptance of the Terms
By entering, connecting to, accessing, or using the Website, you acknowledge that you have read and understood the following Terms of Use, including the terms of our Privacy Policy (collectively, the “Terms”), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Website. You acknowledge that these Terms constitute a binding and enforceable legal contract between us and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS, OR USE THE WEBSITE IN ANY MANNER.
The Website & Use Restrictions
Our Website provides you with content (including text, logos, images, videos, related graphics, and other features). Certain conducts are strictly prohibited on the Website. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may, at our sole discretion, result in the termination of your access to the Website and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) Copy, scrape, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, or disassemble any portion of the content on the Website and any other information, documents, material, and data available on the Website (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without our prior written consent; (ii) Make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (iii) Create a browser or border environment around the Website and/or Content, link, including in-line linking, to elements on the Website, such as images, posters, and videos, and/or frame or mirror any part of the Website, unless expressly permitted hereunder; (iv) Transmit, distribute, display, or otherwise make available through or in connection with the Website any content that may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (v) Transmit or otherwise make available in connection with the Website, and/or use the Website to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) Interfere with or disrupt the operation of the Website, or the servers or networks that host the Website or make the Website available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; and (vii) Use the Content and/or the Website for any illegal, immoral, or unauthorized purpose.
Privacy Policy
We respect the privacy of our Users and are committed to protecting the information you share with us in connection with the Website. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access, or use the Website, you must first read and agree to the Privacy Policy.
Feedback
If you provide us with any suggestions, comments, or other feedback relating to the Website (collectively, “Feedback”), such Feedback is deemed our sole and exclusive property, and you hereby irrevocably assign to us all of its rights, title, and interest in and to all Feedback, if any, and waive any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback that is subject to any third-party rights or any limitations and shall promptly inform us as soon as it becomes aware of any third-party right or limitation that may apply to Feedback already provided.
Intellectual Property Rights
The Content, including without limitation “[Blushiee]” and all logos and other proprietary identifiers used by us in connection with the Website and any emulations, copies, enhancements, modifications, or derivative works made therefrom and all intellectual property rights in any of the foregoing, as between the parties, are our property. No right, license, or interest in the aforementioned is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you concerning the Content or our trademarks.
You are hereby prohibited from removing or deleting any copyright notices, restrictions, and signs indicating our or our licensor’s proprietary rights, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Website, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting, or staining any name, mark, or logo that is identical or confusingly similar to any of our marks and logos, whether registered or not.
Third-Party Components
The Website may use or include third-party software, files, and components that are subject to open-source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Website is subject to any applicable acknowledgments and license terms accompanying such Third Party Components, contained therein, or related thereto. The Website may contain links to third-party websites or applications (“Third Party Sites”). We are not responsible or liable for such Third Party Sites, and you hereby agree that you enter such Third Party Sites at your own risk.
Availability
We do not warrant or guarantee that the Website will operate and/or be available at all times without disruption or interruption or that it will be immune from unauthorized access error-free.
Changes to The Website
We reserve the right, at its sole discretion, to modify, correct, amend, enhance, improve, or make any other changes to, or discontinue, temporarily or permanently, the Website (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Website may be changed, modified, edited, or extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension, error, malfunction, or discontinuance of the Website (or any part thereof).
Disclaimer and Warranties
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE WEBSITE (OR ANY PART THEREOF). WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE WEBSITE, WHETHER OR NOT WE HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE. THE WEBSITE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, AND INFORMATION RELATED THERETO, ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES. WE AND OUR AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AND OTHER AFFILIATES (COLLECTIVELY, “OUR AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE WEBSITE. WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WE MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE, AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE, INCLUDING THE USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE WEBSITE, USE OR INABILITY TO USE THE WEBSITE, FAILURE OF THE WEBSITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA, OR PROFITS, THE PERFORMANCE OR FAILURE OF US TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF US BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SITES.
Indemnification
You agree to defend, indemnify, and hold harmless us and any of our Affiliates from and against any claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees, and expenses (including attorney’s fees) arising directly or indirectly from (i) Your use of the Website (or any part thereof); (ii) Breach of any term of these Terms by you or anyone on your behalf; (iii) Any damage of any sort, whether direct, indirect, special, or consequential, you may cause to any third party which relates to your use of (or inability to use) the Website; (iv) Your violation of the Privacy Policy, any third-party intellectual property rights, privacy rights, or other rights through your use of the Website or provision of information; and (v) Your violation of any applicable law or regulation.
Amendments to the Terms
We may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of these Terms on the homepage of the Website and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the contact form. Such substantial changes will take effect seven (7) days after such notice is provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Minors
To enjoy the Website, you must be over the age of thirteen(13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Website. If it comes to our knowledge that a person under the age of thirteen(13) is using the Website, we will prohibit and block such User from accessing the Website and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy about such User).
General
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Website or use of this Website will be governed by and interpreted under the laws of the State of Pakistan, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Lahore, Pakistan. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and us relating to the subject matter herein and supersede any prior or contemporaneous written or oral agreements or understandings between you and us. Notices to you may be made via email or regular mail. This Website may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For information, questions, or notification of errors, or If you have any questions (or comments) concerning the Terms or the Website, you are welcome to visit our Contact Page or send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: contact@blushiee.com.