Terms and Conditions

Acceptance of Terms
Welcome to our website and mobile app. (“Digital Platforms”) brought to you by Vee International, Inc. d/b/a Blush Novelties (“Blush Novelties”). By accessing, downloading, installing, or using the Blush Novelties’ Digital Platforms, you agree to be bound by these terms and conditions (“Terms”), as well as the Privacy Policy, which you acknowledge to have read and understood, and which shall remain in effect for so long as you use or access any of Blush Novelties’ Digital Platforms.
Privacy 
We take protecting your privacy very seriously. Please refer to Blush Novelties’ Privacy Policy for more information regarding the use of your personal information.
Electronic Communications
By visiting Blush Novelties’ Digital Platforms or sending emails to Blush Novelties, this constitutes electronic communications.  You agree to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our Digital Platforms, satisfy any legal requirement that such communications be in writing.
Your Account
You are granted a non-exclusive, non-transferable, revocable license to access and use Blush Novelties’ Digital Platforms to shop for personal items and not for any commercial use. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Digital Platforms. 
Third Party Accounts
Blush Novelties may contain links to other websites or resources. The linked sites are not under the control of Blush Novelties and Blush Novelties is not responsible for the contents or privacy policies of any of these linked sites, including but not limited to any link contained in a linked site.  
Intellectual Property
All content on our Digital Platforms, including but not limited to text, graphics, logos, images, videos, copyrights, trademarks, logos, icons, trade dress, code, photographs, material, text, and other elements, is the property of Blush Novelties or its suppliers and protected by copyright and trademark laws. You agree to observe and abide by all copyright and other proprietary notices, or other restrictions contained in any such content.   

You will not copy, reproduce, download, sell, distribute, modify, publish, transmit, reverse engineer, create derivative works, or in any way exploit any of the content, in whole or in part, any contents found on the our Digital Platforms. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Blush Novelties or our licensors except as expressly authorized by these Terms. 
Copyright Infringement
If you believe any content on our Digital Platforms constitutes copyright infringement, please provide Blush Novelties with the following written information in accordance with the Digital Millennium Copyright Act ("DMCA"):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the sites;
• A 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;
• Your name, address, telephone number and email address; and
• 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 are authorized to act on the copyright owner's behalf.Our agent at Blush Novelties is Sharon Yoo 
Vee International, Inc. d/b/a/ Blush Novelties
625 South Street Garden City, NY 11530
855-909-8267 When receiving such a complaint, the Agent will review this with Legal Counsel and DPO/CIO to confirm whether the posted information is copyrighted.  Such determination should be made within 30 days.  If valid, Blush Novelties will remove the infringing posting(s), subject to the procedures outlined in the DMCA. 
User Conduct  
Our Digital Platforms may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (“Forums”) designed to enable you to communicate with the public at large or with a group. You agree to use our Forums only to post, send and receive messages and material that are appropriate and related to the particular service.   

You agree that when using our Digital Platforms and Forums, you will not: 

1) defame, abuse, harass, stalk, threaten or violate the privacy rights of others; publish, post, upload, distribute or disseminate any objectionable, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 
2) upload content that contain material protected by intellectual property laws unless you own or control the rights or have received all necessary consents; 
3) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
4) damage, disable, overburden, or impair any of our Digital Platforms; 
5) interfere with any other party's use and enjoyment of our Digital Platforms or Forums;
6) advertise or offer to sell or buy any goods or services for any business purpose; 
7) conduct any form of solicitation, spam, surveys, contests, pyramid schemes or chain letters; 
8) further or promote an illegal activity or provide instructions on such activities; 
9) Reproduce, replicate, copy, create derivative works from, modify, sell, resell, exploit transfer or upload for any commercial purpose any portion of our Digital Platforms or Forums; 
10) violate any code of conduct or other guidelines on our Forums; and
11) harvest or collect information about others, including e-mail addresses, without a user’s consent.   

Blush Novelties has no obligation to monitor the Forums on our Digital Platforms.  However, Blush Novelties reserves the right to review materials posted to our Forums and to remove any materials in its sole discretion. Blush Novelties reserves the right to terminate your access to any or all of the Forums at any time without notice for any reason whatsoever.   

Blush Novelties reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Blush Novelties' sole discretion.   

Always use care when sharing personally identifying information about yourself on our Forums. Blush Novelties does not control or endorse the content, messages or information found in any Forum and, therefore, Blush Novelties specifically disclaims any liability with regard to the Forum and any actions resulting from your participation in any Forum. Managers and hosts are not authorized Blush Novelties spokespersons, and their views do not necessarily reflect those of Blush Novelties.
Materials Provided to Blush Novelties or Posted on Any Blush Novelties’ Digital Platforms 
By posting, uploading, inputting, providing or submitting your content, you are granting Blush Novelties a nonexclusive, worldwide, royalty free, fully paid up, transferable, perpetual, sublicensable, irrevocable license to use your content to copy, upload, store, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content; and to publish your name in connection with your content. No compensation will be paid with respect to the use of your content. 
Disclaimer of Warranties
YOU AGREE THAT USE OF BLUSH NOVELTIES’ DIGITAL PLATFORMS IS ENTIRELY AT YOUR OWN RISK. THE DIGITAL PLATFORMS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUSH NOVELTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUSH NOVELTIES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. 
Disclaimer of Medical Liability
You understand and agree that the material on our Digital Platforms is informational and educational only and do not constitute medical advice.  Reliance on any information provided is solely at your own risk. The information provided is not intended as a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or health care provider with any questions you have regarding a medical condition.  Never disregard professional medical advice or delay in seeking it because of content presented on our Digital Platforms.  As set forth more fully below, Blush Novelties will not be liable for any direct, indirect, consequential, or special damages arising from services, or materials from our Digital Platforms. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Limitation on Liability and Indemnity 
UNDER NO CIRCUMSTANCES SHALL BLUSH NOVELTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM YOUR MISUSE OF THE DIGITAL PLATFORMS, FROM YOUR INABILITY TO USE THE DIGITAL PLATFORMS, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DIGITAL PLATFORMS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DIGITAL PLATFORMS OR ANY LINKS ON THE DIGITAL PLATFORMS, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE DIGITAL PLATFORMS OR THROUGH ANY LINKS ON THE DIGITAL PLATFORMS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW YORK. IN ADDITION, CERTAIN OTHER JURISDICTIONS MAY NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD BLUSH NOVELTIES, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS TO OUR FORUMS; A THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF OUR DIGITAL PLATFORMS; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPY TO BLUSH NOVELTIES’ OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, AS IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.

Blush Novelties value our relationships with our customers.  If a dispute arises we strongly encourage you to first contact us at info@blushnovelties.com before starting arbitration or filing a claim in small claims court. We will try to resolve your claims informally and quickly.

Any dispute or claim relating in any way to our Digital Platforms and our services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our Digital Platforms (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You may also assert individual claims in small claims court so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. 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 as a court would. If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.

Before beginning arbitration, please send written notice describing the claim to Blush Novelties at the following address:

Blush Novelties, a division Vee International, Inc.
625 South Street Garden City, NY 11530
Compliance with Applicable Law; Export Control Laws 
Blush Novelties’ Digital Platforms are operated, in whole or in part, from the United States. User access to our Digital Platforms is governed by all applicable federal, state and local laws. All information available on our Digital Platforms is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Blush Novelties products and publications are commercial in nature. Blush Novelties does not make any representations regarding the legality of access to or use of our Digital Platforms or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through our Digital Platforms are illegal is prohibited. Users who access our Digital Platforms from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using our Digital Platforms, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in accordance with Blush Novelties’ privacy policy.
Termination/Access Restriction 
Blush Novelties reserves the right, in its sole discretion, to terminate your access to our Digital Platforms and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the site.  Use of our Digital Platforms is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.   

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blush Novelties as a result of this agreement or use of our Digital Platforms. Blush Novelties’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Blush Novelties' right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Digital Platforms or information provided to or gathered by Blush Novelties with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.   

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Blush Novelties with respect to our Digital Platforms and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blush Novelties with respect to our Digital Platforms. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. 
Modifications
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms at any time. Should you object to any terms of use or condition, you may not use or access Blush Novelties’ Digital Platforms.  You must review these terms on a regular basis to keep yourself informed of any changes.

By using the Blush Novelties’ Digital Platforms, you agree that the posting of new or revised terms within Blush Novelties’ Digital Platforms is notice to you of any and all revisions and changes. Continued use of Blush Novelties’ Digital Platforms after any changes or after accepting the new terms upon our visit to Blush Novelties’ Digital Platforms are your acceptance of such changes.
Contact Us
If you have any questions about these Terms, please contact us at 516-280-6663 or email us at info@blushnovelties.com.

New Products