Terms and Conditions of Use
We would like to welcome you to the Body Benefits by Body Image® website (the "site" or "website" or "bodybenefitsbath.com"). This website is owned by Paris Presents Incorporated ("Paris Presents"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this site, you fully and unconditionally accept and agree to these Terms and Conditions of Use. If you do not agree to them, please do not use this site. We may revise these Terms and Conditions of Use at any time by updating this page. By using the site, you agree to be bound by any such changes.
LIMITATIONS ON USE
Due to the nature of the internet, we cannot prohibit minors from visiting our site. However, all users who register with any of our sites must be 13 years of age or older.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Paris Presents. ©2014 Paris Presents Incorporated. All rights reserved. YOU MAY NOT COPY, DISPLAY, DOWNLOAD OR PRINT PORTIONS OF THE MATERIAL FROM THE DIFFERENT AREAS OF THE SITE FOR COMMERICAL USE. ANY OTHER USE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION, DISTRIBUTION, DISPLAY OR TRANSMISSION OF THE CONTENT OF THIS SITE IS STRICTLY PROHIBITED, UNLESS AUTHORIZED BY PARIS PRESENTS. The site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.
All trademarks, service marks and trade names on this site are trademarks or registered trademarks of Paris Presents in the United States and other countries. Except as otherwise permitted by these Terms and Conditions of Use, they may not be used without the express written permission from Paris Presents. All other trademarks that appear on the site are the property of their respective owners, who may or may not be affiliated with or sponsored or endorsed by Paris Presents.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Paris Presents disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Paris Presents does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Paris Presents does not make any warranty or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Paris Presents shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Paris Presents and bodybenefitsbath.com has been advised of the possibility of such damages. Application law may not allow the limitation of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You acknowledge that Paris Presents may update this site and its content from time to time and that Paris Presents is under no duty to notify you of such updates (including but not limited to link updates) nor does Paris Presents have any obligations or liability to you with respect to such updates. Paris Presents may at any time terminate in whole or in part bodybenefitsbath.com without notice or liability.
This site and content contained therein, as well as all copyright, trademarks, trade dress, service mark, and other rights therein are owned or licensed by Paris Presents ("Intellectual Property Rights"). Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property Rights without the express written permission of Paris Presents. You agree not to copy, use or otherwise infringe upon Paris Presents' Intellectual Property Rights (including but not limited to its trademarks or service marks contained in bodybenefitsbath.com). You further agree that you will not alter or remove any trademark, service mark, copyright or other notice from any copies of the information or other content downloaded from bodybenefitsbath.com without the prior written consent of Paris Presents. You may not co-brand or use any Paris Presents' trademark, service mark or logos in connection with bodybenefitsbath.com. You shall not modify or change the contents neither set forth in bodybenefitsbath.com nor otherwise create derivative works.
We collect personal information from you when you submit it to us, including by: (1) signing up for our newsletter; (2) contacting us (3) tagging @bodybenefitsbath on Twitter or Instagram; or (4) participating in a site promotion, contest, or survey. This information may include, for example, your name, email address, address, telephone number, date of birth, or social user name. It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the site accessed through it. You agree to immediately notify us of any unauthorized use of your account or Account Information or any other actual or suspected breach of site security.
DISCLOSURE OF INFORMATION
You acknowledge, consent and agree that Paris Presents may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Use; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; (e) to perform a business, professional or technical support function for us; or (f) protect the rights, property or personal safety of Paris Presents, its members and the public. Under no other circumstances will Paris Presents intentionally disclose your account information to any third party.
USER GENERATED SUBMISSIONS
From time to time, bodybenefitsbath.com may sponsor sweepstakes, contests, and/or seek participation from fans via social media, such as this site, Facebook, and Twitter. By submitting ideas, suggestions, or photos ("Submission(s)"), to Paris Presents you hereby represent and warrant that the submitted information does not and shall not infringe on any trademark, copyright, rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses to Paris Presents herein, free and clear of any claims or encumbrances. In addition, you agree to irrevocably assign, convey, and otherwise transfer to Paris Presents, its successors and assigns, any and all right, title, and interest in perpetuity throughout the world in and to your Submission, including without limitation, any and all copyrights, and licensing rights, and other intellectual property and proprietary rights in the Submission, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Submission whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio, and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Paris Presents' sole discretion in perpetuity. Without limiting the foregoing, you hereby waive and release Paris Presents; from any and all claims you may now or hereafter have in any jurisdiction based on "moral rights" with respect to Paris Presents' exploitation of the Submission without further compensation to you of any kind. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Paris Presents or its parent, its respective subsidiaries, affiliates, directors, officers, employees and agents, or any other person, on the grounds that any use of the Submission, or any derivative works, infringe or violate any of your rights therein. By submitting information you consent to the use of your name, city of residence, photograph, voice, likeness, image or any other aspect of your personality for any publicity and programming purposes, commercial or otherwise, in all media used by Paris Presents and its advertising and promotional agencies, without any payment or compensation. You shall not receive any compensation or credit for Paris Presents' use of your Submissions, other than that which may be disclosed in any official contest or sweepstakes rules.
USE OF SITE
You agree not to use bodybenefitsbath.com to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains nudity, violence, or offensive subject matter
- solicits personal information from anyone under the age of eighteen (18)
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- violates copyright, trademark or other any intellectual property or other proprietary right of any third party, including content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- solicits passwords or personal identifying information for commercial or unlawful purposes from other registered account users
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
REJECTION OF CONTENT
bodybenefitsbath.com does not review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with ability to view and distribute user-generated content on the site, bodybenefitsbath.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, bodybenefitsbath.com reserves the right to block or remove communications or materials that it determines to be in violation of the site as set forth above in Use of Site, or is determined to be unacceptable to bodybenefitsbath.com in its sole discretion.
You understand that our site and software embodied within our site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Paris Presents and/or content providers who provide content to Paris Presents. You may not attempt to override or circumvent any such security components and usage rules embedded into our website.
You agree to indemnify, defend, and hold harmless Paris Presents, its parent, officers, directors, employees, agents, licensors, suppliers, affiliates and subsidiaries (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms and Conditions of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site to solicit others to join or become members of any other commercial online service or other organization.
bodybenefitsbath.com may deliver notice to you by means of an e-mail, a general notice on the site, or by other reliable method to the address you have provided to bodybenefitsbath.com.
LINKS TO WEB SITES
These Terms and Conditions of Use, and any policies contained on this site are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must cease your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these Terms and Conditions of Use and policies, your sole and exclusive legal remedy is to discontinue using this site. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party.
Your use of this site shall be governed in all respects by the laws of the State of Illinois, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state courts located in Lake County, Illinois or federal courts located in Chicago, Illinois. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. Paris Presents’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use. bodybenefitsbath.com may assign its rights and duties under these terms and conditions to any party at any time without notice to you.
If you have any questions regarding these Terms and Conditions of Use, please contact us by mail at 3800 Swanson Court, Gurnee, IL 60031, Attention: Body Benefits by Body Image ® Customer Support.
If you are a retailer and interested in carrying our products, please go to: www.buyparispresents.com to register or call us at 800-536-6276.