Please read this Agreement carefully before
accessing eBlush.com. As a condition to and in consideration of
receiving and accessing eBlush.com, the User agrees to be bound
by the terms of this Agreement. Use of or access to eBlush.com
shall constitute acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO
NOT ACCESS eBlush.com. If you have any questions about this Agreement,
please contact us via e-mail at webmaster @ eblush.com.
eBlush.com Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between eBlush!
and any individual, corporation, association, agency, company, or other entity
who accesses or uses eBlush.com (the "User" or "you").
eBlush.com, which is provided without charge to
you, is a World Wide Web site on the Internet that is designed
to allow users to post profiles and/or to view profiles posted
by other users, and optionally interact with those users. The
eBlush.com is owned and operated by V&S. eBlush.com contains
or may contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software, photos,
music, sounds and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that
are generally accessible to Users, including directories and databases,
and areas of eBlush.com that can be modified by Users, such as
posting profiles, uploading multimedia files, registering user
profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to eBlush.com.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect
to the Internet and access
eBlush.com and are responsible for all Internet access charges, telephone
charges or other fees or charges incurred in connecting to the
Internet and accessing
eBlush.com.
1.2 User Conduct.
You agree to access and use eBlush.com only for lawful purposes.
You are solely responsible for the knowledge of and adherence
to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of eBlush.com, including
any Interactive Area, (ii) the use of any networks or other services
connected to eBlush.com, and (iii) the communications means
by which you connect your
modem, computer, or other equipment to eBlush.com. By accessing eBlush.com,
you agree that you will not:
(1) restrict or inhibit any other user from using
and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane, or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national, or international
law;
(3) post or transmit any information, software,
or other material which violates or infringes in the rights of
others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software
or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise interfere
with the ability of others to access eBlush.com;
(6) disrupt the normal flow of communication
in an Interactive Area;
(7) claim a relationship with or to speak for
any business, association, institution or other organization for
which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline
of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 eBlush.com content.
(a) You acknowledge that Content on eBlush.com
is generally provided by eBlush.com, individual contributors
of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that eBlush.com permits
access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing
now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that eBlush.com
owns a copyright in the "look and feel," i.e., the
selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content,
in whole or in part, provided, however, that you may (i) make
a reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the Content,
(ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole
or in part, in hard copy or electronic form for internal use
only. Any permitted copies of Content must reproduce in an unmodified
form any notices contained in the Content, such as all Intellectual
Property Right notices, and an original source attribution to "eBlush.com" and
its URL address. You acknowledge that eBlush.com, its Contributors,
and/or Users remain the owners of the Content and that you do
not acquire any Intellectual Property Rights by downloading
or printing Content.
2.2 Content Provided
by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish,
reproduce or distribute, on or through eBlush.com only Content that is
not subject to any Intellectual Property Rights, or Content
in which any holder
of Intellectual Property Rights has given express authorization for distribution
over the Internet and on eBlush.com, without restriction whatsoever. Any
Content submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name
of owner]; Used by Permission." By submitting Content to
any Interactive Area, you automatically grant and/or warrant
that the owner of such Content, whether it be You
or a third party, has expressly granted to eBlush.com the royalty-free,
perpetual,
irrevocable, non-exclusive, unrestricted, worldwide right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, sublicense, distribute, perform, and display such Content, in whole
or in part, worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term of
any Intellectual Property Rights that may exist in such Content. You also
permit
eBlush.com to sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that eBlush.com may include
various interactive areas ("Interactive
Areas"), including but not limited to profiles. These Interactive Areas
allow feedback to eBlush.com and real-time interaction between users. You
further understand that eBlush.com does not control the messages, information,
or files
delivered to such Interactive Areas and that eBlush.com may offer you and
other Users the capability of creating and managing an Interactive Area.
However,
neither eBlush.com, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are responsible
for Content within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional rules
or operating
procedures of any Interactive Area established by you or another User, as
applicable. You recognize that eBlush.com cannot, and does not intend to,
screen communications
in advance. Moreover, because eBlush.com encourages open and candid communication
in the Interactive Areas, eBlush.com cannot determine in advance the accuracy
or conformance to this Agreement of any Content transmitted in an Interactive
Area. eBlush.com is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding the above,
you agree that eBlush.com has the right to monitor any Interactive Area,
from time to time and to disclose any information as necessary to satisfy
any law,
regulation or other governmental request, to operate the Interactive Area,
or to protect itself or other Users. If notified of Content that is alleged
not to conform to this Agreement, eBlush.com may investigate the allegation
and determine in its sole discretion whether to remove or request the User
to remove such Content. eBlush.com reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit, refuse to
post, or to remove any Content, in whole or in part, which it deems in its
sole discretion to (i) violate the then-standard provisions of this Agreement
or any other standard, written eBlush.com policy in effect at that time,
(ii) be harmful to the rights of any User, eBlush.com, or other third parties,
(iii)
violate applicable law, or (iv) deemed otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of eBlush.com in
operating eBlush.com,
or any change in Content,
is for you to discontinue accessing eBlush.com. eBlush.com may terminate
or temporarily suspend your access to all or any part of eBlush.com,
without notice,
for conduct that eBlush.com believes is a violation of this Agreement
or any policies or guidelines posted by eBlush.com, or
for other conduct which
eBlush.com
believes, in its sole discretion, is harmful to eBlush.com or other
Users. eBlush.com may discontinue operating eBlush.com and terminate
this Agreement
without notice at any time for any reason in its sole discretion. In
the event of termination, you are no longer authorized
to access eBlush.com,
including
the Interactive Areas, and the restrictions imposed on you with respect
to Content downloaded from eBlush.com, as well as the
disclaimers and limitations
of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at eBlush.com, neither eBlush.com, its subsidiary
and parent companies,
or affiliates, or their respective directors, officers, employees,
and agents controls, provides, or is responsible for any Content, goods
or
services
available through sites on the Internet linked to or from eBlush.com.
All such Content,
goods and services are made accessible on the Internet by independent
third parties and are not part of eBlush.com or controlled by eBlush.com.
eBlush.com
neither endorses nor is responsible for the accuracy, completeness,
usefulness, quality or availability of any Content, goods or services
available on
any site linked to or from eBlush.com, which are the sole responsibility
of such
independent third parties, and your use thereof is solely at your own
risk. Neither eBlush.com, its subsidiary and parent companies, or affiliates
,
or their respective directors, officers, employees, and agents shall
be held responsible
or liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused by your use of or reliance on any Content,
goods
or services available on any site linked to or from eBlush.com or your
inability to access
the Internet or any site linked to or from eBlush.com.
5.2 Disclaimer of Warranties.
Please use your
best judgment in evaluating all information contained or opinions
expressed on eBlush.com. It is the policy of eBlush.com not
to endorse or oppose any opinion expressed by a User or Content
provided
by a User, Contributor, or other independent party. YOU EXPRESSLY
AGREE THAT YOUR USE OF eBlush.com IS AT YOUR SOLE RISK. NEITHER
eBlush.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
eBlush.com OR ANY INTERNET SITE LINKED TO OR FROM eBlush.com
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF eBlush.com OR ANY INTERNET SITE
LINKED
TO OR FROM eBlush.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH eBlush.com OR ANY SITE LINKED
TO OR FROM eBlush.com. eBlush.com IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES
SHALL eBlush.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, eBlush.com, OR
ANY INTERNET SITE LINKED TO OR FROM eBlush.com, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY
FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT,
SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL eBlush.com, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN eBlush.com
OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR
FROM eBlush.com. THE CONTENT WITHIN eBlush.com AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM eBlush.com MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL
BE INCORPORATED IN NEW VERSIONS OF eBlush.com AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. eBlush.com AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME
AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT eBlush.com
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH eBlush.com
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF eBlush.com, IN WHOLE
OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
eBlush.com.
6. Indemnity
You agree to indemnify and hold eBlush.com, its
parent or subsidiary companies and their affiliates, and their
respective directors,
officers, employees,
and agents from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy,
your use or access of the eBlush.com or any Internet site
linked to or from eBlush.com,
or in connection with the transmission of any Content on eBlush.com.
7. Miscellaneous
This Agreement comprises the entire agreement
between eBlush.com and you, and supersedes any prior agreements
with respect
to the subject matter
herein. eBlush.com may revise this Agreement or any other policy at
any time and
from
time to time, and such revision shall be effective two (2) days upon
posting notice of such revision prominently on eBlush.com.
You agree to review
this Agreement periodically to be aware of such revisions. If any such
revision
is unacceptable to you, you must discontinue accessing eBlush.com.
Your continued accessing and use of eBlush.com following notice
of any such
revision shall
conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If any provision
of this Agreement or
any
other policy be held invalid or unenforceable, that portion shall be
construed in accordance with applicable law as nearly as
possible to reflect the
original intention of the parties and the remaining portions will continue
in full
force and effect. The failure of eBlush.com to insist upon or enforce
strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. This Agreement shall be governed
by the laws of
the state
or province of domicile of eBlush.com, excluding its conflict of laws
rules, and you and eBlush.com each submit to the exclusive
jurisdiction of the
courts of that state or province. This Agreement is personal to you
and you may
not assign your rights or obligations thereunder to anyone. All logos,
brand names,
products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References
to any trademark,
service mark and links to or from eBlush.com have been done strictly
for clarification
and identification and does not constitute endorsement by eBlush.com
of the products, services or information offered by the
owner of such trademark,
service mark or link or endorsement of eBlush.com by such trademark,
service mark or
link owner.
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