Content Submission Agreement

We love that our customers are willing to share their amazing photos with us so we can feature them on our website and social media pages.  

*Please note that there is a limit of 250 points that can be earned through Reviews per month. 

If you do submit any Content through Blush Mark Inc. and participate within our Community, you represent and warrant that:

• You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of Blushmark.com, the Community and potentially Third-Party Sites;
• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Blush Mark Inc. to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by Blush Mark, Blushmark.com and these Terms of Use);
• You understand that your Content may be utilized and distributed by Blush Mark Inc. in its marketing materials, including but not limited to, Blushmark.com,  Blush Mark emails, social channels, and store materials;
• You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on Blush Mark Inc.’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
• All "moral rights" and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favor of Blush Mark and its successors and assigns and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
• All Content that you post is accurate;
• You are at least 13 years old and if you are a minor, that you have obtained the consent of your parent or legal guardian to use Blush Mark Inc. and agree to these Terms of Use; 
• And that use of the Content you supply does not violate these Terms of Use or the Children’s Online Privacy Protection Act of 1998, and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

• Is not false, inaccurate or misleading;
• Does not harm minors;
• Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
• Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
• Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
• Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
• Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

Blush Mark does not endorse any Content or any opinion, recommendation or advice expressed therein, and Blush Mark Inc. disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals toBlush Mark through the Community or otherwise through Blush Mark, (a) such Content is not confidential or proprietary and Blush Mark has no obligation of confidentiality, express or implied, with respect thereto; (b) Blush Mark may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Blush Mark under any circumstances unless you are otherwise notified by Blush Mark Inc. in writing.

For any Content that you submit, you grant Blush Mark a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of Blush Mark Inc.