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Conditions of Use
Last updated: December 19, 2018
Welcome to BodyBody.com. Ranowear, Inc. and/or its affiliates ("Body Body") provide website features and other products and services to you when you visit or shop at BodyBody.com, use Body Body products or services, use Body Body applications for mobile, or use software provided by Body Body in connection with any of the foregoing (collectively, "Body Body Services"). Body Body provides the Body Body Services subject to the following conditions.
By using Body Body Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Body Body Services, and sometimes additional terms may apply. When you use a Body Body Service (for example, Your Profile, Gift Cards or Body Body applications) you also will be subject to the guidelines, terms and agreements applicable to that Body Body Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Body Body Services, to understand our practices.
When you use Body Body Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Body Body Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Body Body Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Body Body or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Body Body Service is the exclusive property of Body Body and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Body Body Service are trademarks or trade dress of Body Body in the U.S. and other countries. Body Body's trademarks and trade dress may not be used in connection with any product or service that is not Body Body's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Body Body. All other trademarks not owned by Body Body that appear in any Body Body Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Body Body.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Body Body or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Body Body Services. This license does not include any resale or commercial use of any Body Body Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Body Body Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Body Body or its licensors, suppliers, publishers, rightsholders, or other content providers. No Body Body Service, nor any part of any Body Body Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Body Body. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Body Body without express written consent. You may not use any meta tags or any other "hidden text" utilizing Body Body's name or trademarks without the express written consent of Body Body. You may not misuse the Body Body Services. You may use the Body Body Services only as permitted by law. The licenses granted by Body Body terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Body Body account to use certain Body Body Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Body Body does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Body Body reserves the right to refuse service, terminate accounts, terminate your rights to use Body Body Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Body Body reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Body Body a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Body Body and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Body Body for all claims resulting from content you supply. Body Body has the right but not the obligation to monitor and edit or remove any activity or content. Body Body takes no responsibility and assumes no liability for any content posted by you or any third party.
Body Body respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from Body Body are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Body Body does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Body Body does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Information Page .
Body Body attempts to be as accurate as possible. However, Body Body does not warrant that product descriptions or other content of any Body Body Service is accurate, complete, reliable, current, or error-free. If a product offered by Body Body itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Body Body and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Body Body.
With respect to items sold by Body Body, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Body Body is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
SANCTIONS AND EXPORT POLICY
You may not use any Body Body Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Body Body Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Body Body Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Body Body SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Body Body SERVICES ARE PROVIDED BY Body Body ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Body Body MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Body Body SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Body Body SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF Body Body SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Body Body DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Body Body DOES NOT WARRANT THAT THE Body Body SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Body Body SERVICES, Body Body'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Body Body ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Body Body WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Body Body SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Body Body SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Body Body vigorously pursues illegitimate and fraudulent chargebacks by all means available under existing law. This includes but is not limited to submitting the fraudulent party to an appropriate collection agency and legal action. By using this website the customer agrees to pay all applicable legal fees and and $150 per transaction for any chargeback we attempt to recover.
Any dispute or claim relating in any way to your use of any Body Body Service, or to any products or services sold or distributed by Body Body or through BodyBody.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address at Body Body 211 East Ohio Street Unit 1813 Chicago IL 60611. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Body Body Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Body Body.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Body Body Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
211 East Ohio Street
Chicago IL 60611
ADDITIONAL BODY BODY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Body Body Services (the "Body Body Software").
Use of the Body Body Software. You may use Body Body Software solely for purposes of enabling you to use the Body Body Services as provided by Body Body, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Body Body Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Body Body Software in whole or in part. All software used in any Body Body Service is the property of Body Body or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Body Body Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Body Body Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Body Body Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Body Body Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Body Body or third-party terms applicable to any portion of Body Body Software, such as open-source license terms, such other terms will control as to that portion of the Body Body Software and to the extent of the conflict.
How to Serve a Subpoena
If you have a subpoena to serve on Body Body, please note that Body Body does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on BodyBody.com, preferably by mailing the subpoena to Ranowear, Inc. dba Body Body:
211 East Ohio Street
Chicago IL 60611
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; device serial number for Body Body devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Body Body's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
BodyBody.com Legal Department
211 East Ohio Street
Chicago IL 60611
phone: (312) 832-9544
e-mail: [email protected]
Please note that this procedure is exclusively for notifying Body Body that your copyrighted material has been infringed.
18 U.S.C. Section 2257 Compliance Notice
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons appearing in any visual depiction of content whether actual sexually explicit conduct, simulated sexual content or otherwise, displayed on BodyBody.com webpages were at least eighteen (18) years of age at the time such depictions were created.
All other visual depictions displayed on Body Body Webpages are exempt from the provision of 18 U.S.C. Section 2257 and 28 C.F.R. 75 because such visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C Section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
For more information regarding Model Age Verification, please contact us at adm[email protected] or 211 East Ohio St., Chicago IL 60611.
Copyright © 2013-2023 BodyBody.com, Inc. All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express permission of BodyBody.com.