Terms of Use

Effective Date: Sept 8, 2022

Welcome to Blush Design, Inc. d/b/a Bueno (“Company”, “we”, “our”, “us”)! You’ve clicked on our Terms of Service (“Terms”), which governs how you can use our services and website. Please pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 20 minutes and includes important information about your rights and how you can use our website, platforms, products, applications, and technologies (collectively, the “Site”) and our services (“Services”) and products.

These Terms are important, so we ask you to read them very carefully. We’re going to say that again in bold so that you don’t miss it:

WE ASK YOU TO READ THESE TERMS CAREFULLY BECAUSE BY ACCESSING OR USING OUR SITE, BY CLICKING OR CHECKING ANY BUTTONS THAT STATE YOU AGREE TO THESE TERMS, OR BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS ALL TERMS INCORPORATED BY REFERENCE.

Before we get into the specific terms and conditions, you need to know that these Terms include binding arbitration and class action waiver provisions. Those terms can affect your rights to file a lawsuit against us and we have provided you an opportunity to opt out of some of those terms if you don’t agree with them. Again, in bold:

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

OK! Before we get into the nitty gritty of our terms and conditions, you also need to know that we may change these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date at the top of the Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site or Services.

If you have any questions about these Terms or our Site or Services please contact us at hi@bueno.art.

1.      PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2.      CONSENT TO USE OF DATA AND MOBILE COMMUNICATION

You consent to our communicating with you about the Site and our services by SMS, text message, e-mail, or other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

3.      ACCESSING OUR SERVICES

Your blockchain address functions as your identity on our Site. Accordingly, you will need a blockchain address and a third-party wallet that accepts Ethereum to access the Services, such as MetaMask. By using your wallet in connection with the Services, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and we make no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services.

After you complete a transaction on our Site you may be directed to download a file or suite of files that is hosted on a third-party site or platform. We strive to ensure that those files are error- and bug-free, however, we cannot guarantee that the third-party platform or service will be always fully operational or provide error- or bug-free copies of the hosted image assets. If you discover an issue related to our image assets, including related to their third-party hosting, please contact us immediately.

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.

We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that we, in our sole discretion, may elect to take. You also understand and agree that we are granting you a non-transferable, non-exclusive, revocable, limited license to use and access the Services, which we may terminate at any time.

In connection with your limited license to access and use the Services, you agree that you shall not:

  • license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Services, or any content displayed on the Services without our prior written authorization;
  • modify or alter any part of the Services;
  • access the Services through any technology or means other than the technology provided on the Services, or other authorized means we may designate; and
  • sell access to the Services, or sell advertising, sponsorships or promotions within the Services of the content on the Services without our prior written approval.

We reserve the right at any time, to modify, suspend or discontinue the Services with or without notice to you.

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use our Services through a parent or guardian’s wallet and with their approval and oversight. That account holder is responsible for your actions using the Services. It is prohibited to use our Services if you are under 13 years old.

4.      TERMS OF SALE

The following terms apply to your purchase of the products or Services offered on the Site.

Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.

Availability and Pricing. We reserve the right to change the prices and available Services at any time. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Purchases. The display of Services on the Site invites you to make us an offer to buy the Services or products. Your order is an offer to purchase, which we accept by either (a) providing you access to the Services or product or (b) accepting payment. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction in the event of inaccuracies, errors, unavailability, or for any other reason. Any refunds for purchases are subject to the terms and conditions below.

Orders. We have the right to refuse or limit any orders. We will not be liable if a product or our Services are unavailable or delayed.

Refunds. Payments are nonrefundable.

Payment Issues. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation; (ii) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (iii) failure to cooperate in an investigation or provide additional information when requested.

5.      THIRD-PARTY PLATFORMS

From time to time, we may employ third-party websites, platforms, service providers, or applications to provide the Services or access to the products, including image assets, in whole or part (“Third-Party Platforms”). In the event we use a Third-Party Platform, you are responsible for familiarizing yourself with that Third-Party Platform and its technical and legal requirements and policies.

6.      SYSTEM REQUIREMENTS

Use of the Services and Site requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services and Site involves hardware, software, and Internet access, your ability to access and use the Services and Site may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

7.     NO BUENO OWNERSHIP IN ANY CONTENT YOU CREATE WITH GENERATOR

Our Site may allow you to create your own unique content through the Bueno Generator (“Generated Content”). Our goal is to help you make the Generated Content for your project.

‍GENERATED CONTENT IS YOURS AND WE EXPRESSLY DISCLAIM ANY OWNERSHIP RIGHTS IN YOUR GENERATED CONTENT AND HAVE NO RIGHT TO USE OR EXPLOIT YOUR GENERATED CONTENT ABSENT YOUR EXPRESS WRITTEN PERMISSION TO DO SO.

However, you cannot create any Generated Content that violates our Terms. You represent and warrant to us that your Generated Content and the source and underlying materials used in creating the Generated Content, will not violate any rights of or cause injury to any person or entity.

8.  LIMITED LICENSE TO BUENO FOR CERTAIN OTHER THINGS YOU SHARE WITH US

Our Site may also allow you and other users to leave us feedback, or share messages or content (like on a message board or our Discord server). That content--like a graphic you share on our Discord or a message you write to us on our website--is called "User Content." User Content does not include the Generated Content you create on the Generator unless you have shared it with us, such as on our Discord server, or otherwise given us permission to store or use it.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content (and Generated Content), we may delete or remove User Content (and Generated Content stored or shared with us) at any time and for any reason with or without notice.

If you submit any User Content to us, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.

9.  PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content or Generated Content you post to the Site or otherwise create using the Site, and you are solely responsible for your conduct while using our Site. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Site or Services outside the parameters of these Terms;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content, if our Site allows User Content, or create or share Generated Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content or Generated Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

10.  COPYRIGHT POLICY; DMCA

We respect the intellectual property of others. If you believe that your work has been copied and is available on our Site in a way that constitutes copyright infringement, you may notify us according to the notice requirements of the Digital Millennium Copyright Act ("DMCA") and any other applicable law at the following electronic address: hola@blush.design. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services or products and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11.  OWNERSHIP; LIMITED LICENSE FOR SITE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

You understand and agree that your use of the Services is subject to the Bueno License. You agree to abide by the Bueno License and understand that your failure to do so will constitute a material breach of these Terms and will result in immediate termination of the Services. Without limiting our remedies at law or in equity, you understand and agree that your violation of the Bueno License may result in irreparable injury to us for which there is no adequate remedy at law, that it will not be possible to measure precisely damages for such injuries, and that in such event we shall be entitled, without the requirement to post bond or other security, to obtain a temporary restraining order and/or injunction restraining you from engaging in any activities in violation of the Bueno License or such other relief as may be required to specifically enforce the terms of the license.

12.  TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

13.  FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

14.  THIRD-PARTY CONTENT

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

15.  INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content, Generated Content, or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

16.  DISCLAIMERS

YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SITE AND ANY CONTENT THEREIN, AND OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.

WE FURTHER MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS RELATED TO THE SERVICES WILL BE CORRECTED.

17.  LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. Our total liability, including that of our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount of money you paid us in the past six (6) months for the Services giving rise to the claim.

Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

18.  GOVERNING LAW; VENUE

Any claim or dispute arising out of or related to these Terms and your use of our Site, products, or Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

Any claim or dispute arising out of or related to these Terms and your use of our Site or Services that is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles County, California.

19.  DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

THIS SECTION INCLUDES AN OPT-OUT PROVISION SHOULD YOU CHOOSE TO OPT OUT OF BINDING ARBITRATION YOU MUST FOLLOW THE SPECIFIC OPT-OUT REQUIREMENTS.

You and we agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Notice of Dispute. Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to us by e-mail at hi@bueno.art and by U.S. Mail to: Blush Design, Inc., 340 S. Lemon Ave. #8250, Walnut, California 91789. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site, Products, or Services shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.

Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration. Any arbitration will be held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS then in effect, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. For more information on the Rules please visit: https://www.jamsadr.com/rules-streamlined-arbitration/. You and we both agree that the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. If our or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, we both agree that the claim will be conducted, through a telephonic hearing under JAMS Rules, solely based on documents submitted to the arbitrator. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you may have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.

If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms you consent to exclusive jurisdiction and venue in the state or federal courts located in Miami-Dade County, Florida.

For residents outside the United States, arbitration shall be initiated in Los Angeles County, California. You and we both further agree to submit to the personal jurisdiction of any state or federal court in Los Angeles County, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. We shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless we are specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on both us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Both we and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Both we and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. Both we and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Blush Design, Inc. by U.S. mail to Blush Design, Inc. d/b/a Bueno, Attn. Legal Department, 340 S. Lemon Ave. #8250, Walnut, California 91789. The notice must be sent within thirty (30) days of this Terms taking effect, or your account creation. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of this section. If you opt out of the provisions requiring arbitration, we will not be bound by them either. If any clause within this arbitration provision is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

Survival. This Arbitration section shall survive any termination of the Services.

20.  CLASS ACTION WAIVER

THIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You and we agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not our other customers, and cannot be used to decide other disputes with other customers of ours.

If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles County, California.

This Class Action Waiver section shall survive any termination of the Services.

21.  MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

22.  SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

23.  MINORS

Our Services and Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 but over 13 can use our Site and Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. For information on how we protect the privacy of minors who use our Site, please see our Privacy Policy.

24.  MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You may not assign or delegate any rights under these Terms. We may freely assign or delegate our rights under these Terms. You agree that communications and transactions between us may be conducted electronically. You agree that these Terms constitute the entire agreement between you and us and govern your use of the Services, Products, and Site, superseding any prior agreements between you and us on these subjects. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. A printed version of these Terms and of 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.

25.  CONTACT US

If you have any questions about these Terms, please contact us electronically at hi@bueno.art.