Last Updated October 2024

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Welcome to blouink.com! 

KINDLY TAKE A MOMENT TO REVIEW THESE TERMS AND CONDITIONS ("TERMS").  THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE blouink.com WEBSITE, INCLUDING ALL RELATED WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS, AND TOOLS WHERE THESE TERMS ARE REFERENCED OR WHERE NO SEPARATE TERMS ARE PROVIDED.  THEY ALSO APPLY TO YOUR VISITS OR INTERACTIONS WITH US AT ANY OF OUR STORES OR ANY OTHER LOCATION (COLLECTIVELY REFERRED TO AS THE "SITE").

These Terms include an arbitration clause. Please refer to the Arbitration section for further information.

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As used in the Terms and on the Site, "blouink.com, BLOU INK, Site, We, Us" refers to BLOU INK LLC. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Contact Us information provided on the Site.

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Changes to These Terms and Conditions

We may update or revise these Terms at any time, with notice provided to you in writing at your most recent address, via email, by posting on the Site, or through any other reasonable method at our discretion. Similarly, we reserve the right to modify or update our Privacy Policy in the same manner.

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Additional Terms

Occasionally, we may provide you with specific terms and conditions for certain services, programs, or products ("Additional Terms"). If any of these Additional Terms conflict with or differ from these Terms, including provisions on arbitration or dispute resolution, these Terms will take precedence.

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Eligibility

To use the Site or our mobile applications, you must be at least 13 years old. If you are a minor (under the age of majority in your state of residence), your parent or legal guardian must agree to these Terms on your behalf, and you may only use the Site and our mobile applications with their permission.

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Your Account

You may need to register with us to access certain features or areas of the Site. Our Privacy Policy outlines how we protect and use your information. If you create an account, your username and password are for personal use only, and it is your responsibility to keep your account information (including your password) confidential and restrict access to your account. You agree to take responsibility for all activities that occur under your account or password. In addition to all other available rights, we reserve the right, at our sole discretion, to terminate your account, refuse service, or cancel orders.

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Shipping and Processing

Our shipping and processing charges cover the cost of processing your order, handling and packing the items, and delivering them to you. We encourage you to review more detailed information about our shipping and processing fees.

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Intellectual Property

The Site, including all of its information and content—such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software, and the code used to generate the pages (collectively, the "Materials")—is the property of BLOU INK or our authorized suppliers and licensors, and is protected by intellectual property laws both in the United States and internationally. Our intellectual property is registered in the United States and abroad. Except as expressly permitted on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any of the Materials, in whole or in part, for any public or commercial purpose without specific prior written consent from BLOU INK.

We own and/or are authorized users of the BLOU INK brand, as well as other registered or unregistered trademarks, trade names, logos, designs, titles, and product names appearing on the Site, unless otherwise stated. You may not use any metatags or other "hidden text" containing our names or trademarks without our express written consent.

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Use of the Site

We grant you a personal, limited, non-exclusive, non-transferable license to access and use the Site, along with the Materials and other information on it, for personal purposes. This license does not include, and we explicitly prohibit, any resale or commercial use of the Site; any commercial exploitation of photographs or other Materials on the Site; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or use of the Site or its Materials for the benefit of any third party; or any use of data mining, robots, data gathering, or extraction tools—whether automatic or manual—or any other methods not explicitly made available by us, including for the purpose of developing or enhancing any software, algorithm, or artificial intelligence model. We reserve the right to take measures to prevent any such activity. You may use the Site only as allowed by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The license granted to you will automatically terminate if you fail to comply with these Terms.

You are responsible for your use of the Site and any use made using your account. Our aim is to provide a positive, useful, and safe experience for users. To promote this goal, we prohibit certain conduct that may harm other users or us. When using the Site, you may not:

• Violate any law or regulation.

• Infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of others.

• Post or share anything illegal, abusive, harassing, damaging to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.

• Engage in spidering or data harvesting, or use software, including spyware, to collect data from the Site or mobile applications.

• Transmit any viruses or other harmful computer code or technology intended to disrupt, damage, or interfere with the functioning of computers or systems.

• Use any means to scrape or crawl any pages contained in the Site.

• Attempt to bypass any technological measure implemented by us or our providers, or by any third party (including another user), to protect the Site.

• Attempt to decipher, decompile, disassemble, or reverse-engineer any software or underlying code used to operate the Site.

• Advocate, encourage, or assist any third party in engaging in any of the activities mentioned above.

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User Content

The Site may allow you to upload, submit, store, send, or receive content and data, such as comments, reviews, and photos ("User Content"). You may also provide User Content in other ways, such as through social media, email, phone, or other interactions with us. You retain ownership of any intellectual property rights you have in your User Content.

When you upload, post, submit, send, or receive User Content through the Site, you grant us and our partners a license to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, display, and distribute your User Content. This license is for the purposes of operating and improving the Site, developing new products and services, and marketing BLOU INK, including but not limited to catalogs, emails, customer communications, store materials, and other marketing. We may display advertisements alongside your User Content or on pages where it may be viewed, and we may use your User Content for advertising and promoting BLOU INK or the Site.

This license is non-exclusive, meaning you are free to use your User Content for your own purposes or allow others to use it for theirs. It is fully paid and royalty-free, so we do not owe you any compensation for our use of your User Content. We may exercise these rights worldwide, and this license is perpetual, meaning our rights to use your User Content continue even if you stop using the Site.

You represent and warrant that:

• You own all rights to your User Content or have the necessary rights to grant us the permissions described above.

• Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

• We may refuse to accept or transmit User Content for any reason, with or without notice, and we may remove User Content from the Site at any time, with or without notice.

Copyright Policy

We comply with the U.S. Digital Millennium Copyright Act (DMCA) and respond to notices of alleged copyright infringement by removing infringing content and terminating accounts of repeat infringers. If you believe that material on the Site infringes your copyright, please send us a written notice with the following information:

• Your address, telephone number, and email address.

• A description of the copyrighted work that you believe has been infringed.

• A description of where the alleged infringing material is located on the Site, including a hyperlink to its location.

• A statement that you have a good faith belief that the use of the material is not authorized by you, the copyright owner, its agent, or the law.

• Your electronic or physical signature, or the signature of the person authorized to act on behalf of the copyright owner.

• A statement made under penalty of perjury that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

BLOU INK
vera@blouink.com

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If you fail to provide all of the required information, your notice may not be valid.

If you believe that the content removed or disabled was done so in error, or that you have permission from the copyright owner, their agent, or under the law to use such content, you may submit a counter-notice to with the following details:

• Your physical or electronic signature.

• Identification of the content that has been removed or disabled, and the location where it appeared before removal or disablement.

• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.

• Your name, physical address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal court in [City], [State]; and a statement that you will accept service of process from the person who provided the original notification of alleged infringement.

Once we receive your counter-notice, we will forward it to the original claimant. Note that your personal information will be included in the counter-notice, and by submitting it, you consent to having your information shared in this way.

The original claimant must then notify us within 10 days that they have filed an action seeking a court order to prevent you from engaging in infringing activities related to the removed or disabled content. If we do not receive such a notification, we may restore the content; if we do, we will be unable to reinstate the material.

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Open Source

The Site may contain open source components, which are licensed for use and distribution under the applicable open source licenses. Your use of these open source components is subject to the terms and conditions of their respective licenses.

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Hyperlinks to Other Sites

Our Site may contain hyperlinks to external services and resources that are not controlled by BLOU INK. We do not have control over the availability or content of these external sites. Any concerns regarding these services, resources, or their hyperlinks should be directed to the respective third party.

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Disclaimer

THIS SITE AND ALL CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS RELATED TO ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH YOUR USE, AND THAT BLOU INK AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLOU INK AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED ON OR THROUGH THE SITE, OR THE CONTENT OF ANY SITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. BLOU INK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE BY THIRD PARTIES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLOU INK OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) ARISING FROM OR RELATING TO THE SITE OR MOBILE APPLICATIONS, REGARDLESS OF HOW CAUSED AND UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Therefore, some of the above limitations and disclaimers may not apply to you. To the extent that we cannot disclaim any warranty or limit our liability under applicable law, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

 

Product Pricing

The prices displayed on our Site may vary from those available in stores or catalogs, and pricing may differ from store to store. If you are located in the U.S. or Canada, prices will be displayed in U.S. Dollars. For other regions, prices will generally be shown in the local currency. Prices in our printed catalogs are quoted in U.S. Dollars and are valid only in the U.S.

For full-price products, "Suggested Price" or "Sugg. Price" indicates the manufacturer's suggested retail price. "Our Price" represents the everyday value price we offer to our customers. For sale products (identified by pricing in red), "Suggested Price" or "Sugg. Price" refers to the most recent selling price, while "Sale" represents the reduced price available to our customers.

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Special Offers

Occasionally, we may provide special promotions to our customers, referred to as "special offers" or "special offer." These promotions may include gifts with purchase, free shipping, manufacturer offers, or other incentives related to a product purchase. Such offers are generally available for a limited time. Products labeled as "exclusive" or "only at BLOU INK" may refer to specific colors, sizes, finishes, or versions of a product.

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Inaccuracy Disclaimer

Occasionally, there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, or availability. BLOU INK reserves the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you decide not to proceed with your purchase after a correction has been made, please contact us immediately, and we will assist you with canceling or returning your order.

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Browsing Session Information

We use technologies to maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that records your interactions, chat providers that keep transcripts of your conversations, cookies, pixels, and other tracking technologies that share aspects of your activities on our Site. We collect this information for quality control, customer service, fraud prevention, security, marketing purposes, and in accordance with our Privacy Policy.

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Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless BLOU INK and its Affiliates from and against any claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorney's fees and legal costs) arising out of or relating to any actual or alleged breach of these Terms by you or anyone using your account. If we take on the defense of such a matter, you agree to reasonably cooperate with us in the defense.

 

Informal Dispute Resolution

We aim to resolve disputes without the need for formal legal action. Before submitting any dispute or claim to arbitration, you agree to make a good faith effort to resolve the matter informally with us, including having at least one phone or videoconference conversation between you, personally, and us. To initiate this informal resolution process, you must notify us in writing at BLOU INK, vera@blouink.com, Attention: Legal Department, outlining the nature of the dispute, the basis for your claims, and the resolution you seek (including any monetary amount), providing as much detail as possible for us to understand the issue fully.

Within sixty (60) days of receiving your notice, both you and we agree to make good faith efforts to resolve the dispute, which includes your personal participation in a phone or videoconference with us. You may bring a lawyer to the call if you wish. If the dispute remains unresolved after the sixty (60) day period (which can be extended by mutual agreement), either party may initiate arbitration as outlined in the following section.

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Completing this informal dispute resolution process is a prerequisite for commencing arbitration. You and we also agree to toll (pause) any applicable statute of limitations and filing fee deadlines while engaging in this informal process from the date we receive your notice. A court of competent jurisdiction may enforce this condition precedent, including the authority to prevent the filing or prosecution of an arbitration demand until this process is completed.

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Arbitration Agreement & Waiver of Certain Rights

You and BLOU INK agree that, except as stated below, any disputes, claims, counterclaims, or other disagreements between you and BLOU INK or you and a third-party agent of BLOU INK (a "Claim") will be resolved through final and binding arbitration rather than through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future claims that you have not individually filed in court or arbitration before agreeing to these Terms. The AAA Rules can be accessed at www.adr.org or by calling 1-800-778-7879. You and BLOU INK waive the right to a jury trial for any Claim. The arbitration will be conducted by a single arbitrator, and the arbitrator's decision will be final and binding, enforceable in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential, including any documents or testimony involved, except as required by law or permitted by state law. The Federal Arbitration Act applies to this agreement. A court of competent jurisdiction will determine whether there is a valid agreement to arbitrate the Claims, including whether any preconditions have been met.

To initiate arbitration, you must send us an individual, signed letter describing your claim at BLOU INK, vera@blouink.com, Attention: Legal Department. This letter must be sent at least five (5) days before starting arbitration.

Any party may serve a written offer of compromise at least ten (10) days before arbitration, following the provisions of the California Code of Civil Procedure section 998.

If you can demonstrate that the costs of arbitration are prohibitive compared to litigation, BLOU INK will cover the administrative and arbitrator fees necessary to prevent those costs from being prohibitive. The arbitrator may apportion the costs of arbitration and their compensation among the parties as they see fit. If your attorney is covering the costs on your behalf and may recover them only if you win, your attorney must split the initial costs evenly with BLOU INK.

This arbitration agreement does not prevent either party from seeking help from federal, state, or local government agencies. You and BLOU INK can bring qualifying claims to small claims court or request that claims be transferred there. Either party can request that a Claim be heard in small claims court by providing notice. If arbitration has already begun, the claimant must withdraw their Claim from arbitration and proceed in small claims court. Both parties may seek provisional relief, including pre-arbitral attachments or preliminary injunctions, without being considered a waiver of arbitration rights.

Neither you nor BLOU INK may act as a class representative, private attorney general, or as part of a class of claimants in any Claim. Claims in arbitration must be on an individual basis, not a class or representative basis.

If any provision of this Section is found to be invalid, it will be severed, but the rest of the Section will continue in effect. If a claim proceeds in court rather than arbitration, both you and BLOU INK waive the right to a jury trial. No waiver of this Section will be effective unless recorded in writing and signed by the party waiving the right. The arbitrator may award damages or other relief as if the action were in court, but they cannot issue a "public injunction," which may only be awarded by a federal or state court. If a party seeks a "public injunction," other claims must first be resolved in arbitration. The Arbitration Agreement & Waiver of Certain Rights Section will survive the termination of your relationship with BLOU INK.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO A COURT ACTION, A JURY TRIAL, CLASS OR REPRESENTATIVE CLAIM PARTICIPATION, DISCOVERY, AND CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS YOU OR BLOU INK MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against BLOU INK by the same or coordinated counsel at the same time, you agree that the resolution of your claim may be delayed. The following process and the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules will apply: Twenty (20) claims will proceed to individual arbitration, with ten (10) selected by the claimants and ten (10) by BLOU INK. The rest will not be filed or deemed filed in arbitration until they are selected. If the remaining claims are not resolved, a global mediation session will be held, paid for by BLOU INK. If the claims remain unresolved, another forty (40) claims will proceed, with twenty (20) selected by the claimants and twenty (20) by BLOU INK. This process will continue until all claims are resolved. At any time, either party may request a global mediation session. The statute of limitations and filing deadlines for claims will be tolled from the time claims are selected for batching until the claim is resolved or withdrawn. A court of competent jurisdiction may enforce these requirements. If a court does not enforce these requirements, both parties agree to engage in good faith to develop a cost-effective arbitration process. Either party may work with the AAA to reduce arbitration fees.

 

Other Provisions

If any action relating to the use of the Site, mobile applications, catalogs, or any transaction with BLOU INK is not required to be arbitrated or filed in small claims court as per the Arbitration Agreement, it must be brought in the state or federal courts located in Hudson County, New Jersey. You consent to the jurisdiction of these courts for any such action.

Unless otherwise stated in these Terms, these Terms and Conditions will be governed by and construed in accordance with the laws of New Jersey, without giving effect to any conflict of law provisions.

We will not be liable for any delay or failure in performance due to causes beyond our reasonable control, including but not limited to acts of nature.

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be considered severable from the rest of the Terms and will not affect the enforceability of the remaining provisions.

Our failure to enforce any right or provision of these Terms does not prevent us from enforcing that right or provision in the future.

We reserve the right to assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

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Accessibility

We are committed to making our Site accessible and easy to use for all individuals. If you experience difficulty viewing or navigating any content on the Site, please contact us at 551-294-3334, and we will be happy to assist you.