USER AGREEMENT
Body-safe Products provides its offerings (the “Service,” as further described below) to you subject to the following Terms of Use (“Terms”). All such terms and conditions (including but not limited to our Privacy Policy) are incorporated by reference into these Terms.
PLEASE READ THESE TERMS CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY REGISTERING FOR THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
By accessing or using the Service, you, either an individual or a single entity (“you” or “your” as applicable), are bound by the notices, terms, and conditions in these Terms and, as applicable, elsewhere on https://bodysafeproducts.com. All such terms and conditions (including but not limited to our Privacy Policy) are incorporated by reference into these Terms. If you register on behalf of a business, you represent to Body-safe Products that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms.
THE SERVICE
The Service is comprised of the Body-Safe Products website, currently located at https://bodysafeproducts.com.
REGISTRATION
Registration is not required to view most User Material provided as part of the Service. However, you are required to register if you wish to purchase products, use certain functionality on the Site, post User Material, participate in our loyalty programs, or enter any contests that we may sponsor from time to time.
To make a purchase, you will have to create an account. You shall provide Body-safe Products.com with accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene. Body-safe Products reserves the right to refuse registration
CONTENT ON THE BODY-SAFE PRODUCTS NETWORK
Content on Body-safe Products network meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers, as well as Body-safe Products Content (defined below) and that Body-safe Products is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Body-safe Products with respect thereto.
You acknowledge and agree that your opinions are your own. The views expressed through the Service reflect those of the individual contributors and not necessarily those of Body-safe Products.
USER CONDUCT
As a condition of using this Site, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Body-safe Products’ sole discretion, an unreasonable or disproportionately large load on Body-safe Products’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Body-safe Products may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a Body-safe Products user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Body-safe Products website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Body-safe Products server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the Body-safe Products website is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Site or any of its contents. No hyperlinks to any password protected web pages on the Site are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Body-safe Products in our sole discretion.
OWNERSHIP
The content accessible through the Service, except User Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Body-safe Products Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Body-safe Products, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Body-safe Products Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Body-safe Products reserves all rights not expressly granted in and to the Service and the Body-safe Products Content. If you download or print a copy of the Body-safe Products Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with
COPYRIGHT POLICY
Body-safe Products respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Product, or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at bodysafeproducts@gmail.com.
TERMINATION
Body-safe Products may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WARRANTY DISCLAIMER
THE SERVICE, BODY-SAFE PRODUCTS CONTENT
LIMITATION OF LIABILITY
IN NO EVENT SHALL BODY-SAFE PRODUCTS OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, BODY-SAFE PRODUCTS CONTENT AND BODY-SAFE PRODUCTS MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BODY-SAFE PRODUCTS OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BODY-SAFE PRODUCTS ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE BODY-SAFE PRODUCTS SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BODY-SAFE PRODUCTS WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BODY-SAFE PRODUCTS WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Body-safe Products and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Body-safe Products Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Body-safe Products Indemnitees. Body-safe Products shall have the right, in its sole discretion, to select its own legal counsel to defend the Body-safe Products Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the Body-safe Products Indemnitees in connection therewith. You shall not, without the prior express written approval of Body-safe Products, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Body-safe Products Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although Body-safe Products will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Body-safe Products or others due to such unauthorized use.
MISCELLANEOUS
Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.
Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are under 13 years of age, you may not register for or use the Service unless we have your parents’ consent.
Modification. Body-safe Products shall have the right to modify these Terms at any time, which modification shall be effective immediately following Body-safe Products’ posting of such change on its . We recommend that you check the Body-safe Products website regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.
Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Body-safe Products to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.
Privacy Policy. Your use of the Service is subject to your acceptance of our Privacy Policy, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.
Links to Third Party Websites. As a convenience for its users, Body-safe Products may provide links on this website to other websites owned by third parties. Unless otherwise stated, Body-safe Products does not endorse or control these third parties and takes no responsibility for them or their websites.
Export and International Use. The Service is controlled and offered by Body-safe Products from its facilities in the United States of America. Body-safe Products makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law, Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to or application of choice of law rules or principles. You agree that: the Service shall be deemed to be solely based in the State of Tennessee; the Body-safe Products website shall be deemed a passive website that does not give rise to personal jurisdiction over Body-safe Products, either specific or general, in jurisdictions other than the State of Tennessee; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney’s fees, expenses and costs incurred in connection with the litigation.