TERMS OF SERVICE
Please read these Terms of Service carefully before accessing or using this website.
1. ACCEPTANCE OF TERMS
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Relax & Renew Bodyworks, LLC may publish from time to time (collectively, the "Terms of Service"). If you do not agree to all of the terms and conditions contained in the Terms of Service, do not access or use this Site.
1.2 Relax & Renew Bodyworks, LLC may change these Terms of Service from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Service, rules, and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Service" link on the home page of Relax & Renew Bodyworks, LLC to view the then-current terms. If you breach any of the Terms of Service, your license to access or use this Site shall automatically terminate.
1.3 We can make changes to the terms of service. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.
2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “Relax & Renew Bodyworks, LLC Content"), as well as the selection and arrangement of the Relax & Renew Bodyworks, LLC, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Relax & Renew Bodyworks, LLC Content violates such laws and this Terms of Service. Except as expressly provided herein or in a separate license agreement between you and Relax & Renew Bodyworks, LLC, Relax & Renew Bodyworks, LLC does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Relax & Renew Bodyworks, LLC Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any Relax & Renew Bodyworks, LLC Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Relax & Renew Bodyworks, LLC Content.
2.2 Unless you enter into a license agreement with Relax & Renew Bodyworks, LLC you may not download, distribute, display and/or copy any Relax & Renew Bodyworks, LLC Content
2.3 You may not remove any watermarks or copyright notices contained in the Relax & Renew Bodyworks, LLC Content unless given access or have White label license.
3.1 For the purposes of these Terms of Service, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Relax & Renew Bodyworks, LLC.
3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Relax & Renew Bodyworks, LLC Trademark unless expressly conferred by these Terms of Service.
3.3 You agree that you will not use Relax & Renew Bodyworks, LLC Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Relax & Renew Bodyworks, LLC.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Relax & Renew Bodyworks, LLC NW Trademarks or the Trademark rights claimed by Relax & Renew Bodyworks, LLC.
3.5 You agree that you will not use any Relax & Renew Bodyworks, LLC Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without Relax & Renew Bodyworks, LLC prior written consent any word or mark which is similar to or likely to be confused with Relax & Renew Bodyworks, LLC Trademarks.
3.7 The look and feel of the Relax & Renew Bodyworks, LLC W website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Relax & Renew Bodyworks, LLC and may not be copied, imitated or used, in whole or in part, without the prior written consent of Relax & Renew Bodyworks, LLC.
3.8 All other trademarks, product names, and company names or logos used or appearing on the Relax & Renew Bodyworks, LLC website 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 thereof by Relax & Renew Bodyworks, LLC, unless expressly so stated.
3.9 You may not use a Relax & Renew Bodyworks, LLC trademark, logo, Image, or other proprietary graphics of Relax & Renew Bodyworks, LLC to link to the Relax & Renew Bodyworks, LLC website without the prior written consent of Relax & Renew Bodyworks, LLC.
3.10 You may not frame or hotlink to the judiscalley.com website or any Image without the prior written consent of Relax & Renew Bodyworks, LLC.
3.11 It is in agreement as well that the rendered mockup should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.
4.1 Various services are made available to you, pursuant to your use of the Site and Relax & Renew Bodyworks, LLC Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Service, any applicable license agreement with Relax & Renew Bodyworks, LLC, and the law, you may access and use the Site Services. Relax & Renew Bodyworks, LLC remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Service. Relax & Renew Bodyworks, LLC may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Relax & Renew Bodyworks, LLC sole discretion. Relax & Renew Bodyworks, LLC provides the Site Services on an "as is" and "as available" basis. Relax & Renew Bodyworks, LLC (or third parties acting on its behalf) may collect data related to your use of the Site Services
4.2 Relax & Renew Bodyworks, LLC may make Relax & Renew Bodyworks, LLC Content available through the Site Services. You may not use any Relax & Renew Bodyworks, LLC Content for any purpose without first obtaining a license to use such Relax & Renew Bodyworks, LLC Content. Any use of Relax & Renew Bodyworks, LLC Content by you shall be governed by the applicable license agreement separately entered into between you and Relax & Renew Bodyworks, LLC. Displaying and/or distributing to the public any watermarked or unlicensed Relax & Renew Bodyworks, LLC Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
2. INTELLECTUAL PROPERTY LIMITED LICENSE TO USERS
3. Relax & Renew Bodyworks, LLC TRADEMARKS
4. SITE SERVICES
5. USE OF SERVICES
5.1 Responsibilities of Relax & Renew Bodyworks, LLC
Relax & Renew Bodyworks, LLC shall: (i) provide the SERVICES only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software, written content, or any other files, or any other information supplied by you or your Users, but excluding any Relax & Renew Bodyworks, LLC Applications, templates, sample or demonstration content or files utilized or provided by Relax & Renew Bodyworks, LLC as part of the SERVICES; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based SERVICES in the event of unavailability due to a failure in the SERVICES, provided that Relax & Renew Bodyworks, LLC shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact Relax & Renew Bodyworks, LLC through [email protected] to receive basic support SERVICES for the purchased SERVICES at no additional charge and/or upgraded support if made available by Relax & Renew Bodyworks, LLC and purchased by you separately by way of a written agreement between Relax & Renew Bodyworks, LLC and you.
You acknowledge and agree that there may be interruptions in your use of the SERVICES including, without limitation, (a) planned downtime (of which Relax & Renew Bodyworks, LLC shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond Relax & Renew Bodyworks, LLC reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Relax & Renew Bodyworks, LLC employees), Internet service provider failures or delays, or any failures, delays or downtime caused by Relax & Renew Bodyworks, LLC vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications Relax & Renew Bodyworks, LLC shall have no liability for any such interruptions from any cause whatsoever.
5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the SERVICES comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the SERVICES and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third-Party Application you run using the Relax & Renew Bodyworks, LLC Applications. You understand and agree that Relax & Renew Bodyworks, LLC may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display.
5.3 Hosting of Relax & Renew Bodyworks, LLC Applications. Relax & Renew Bodyworks, LLC will Relax & Renew Bodyworks, LLC Applications (except for off-line components or applications) and may update the functionality and user interface of the SERVICES from time to time, in its sole discretion, in an effort to continue to improve the SERVICES and your use of the SERVICES. Certain Relax & Renew Bodyworks, LLC Applications or portions of the SERVICES may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.
6. YOUR CONTENT
6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Relax & Renew Bodyworks, LLC will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Service and all applicable laws.
6.2 By uploading Your Content, you grant Relax & Renew Bodyworks, LLC a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
6.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
7. INFRINGEMENT CLAIMS / DMCA NOTICES
7.1 If you believe that any Image or other material made available by Relax & Renew Bodyworks, LLC infringes upon any copyright that you own or control, you may notify Relax & Renew Bodyworks, LLC in the manner set forth in our DMCA Copyright Infringement Notice Policy.
8. LIMITATIONS
8.1 You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Relax & Renew Bodyworks, LLC or any third party.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Service.
- Violate the rights of Relax & Renew Bodyworks, LLC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
9. RESTRICTION AND TERMINATION OF USE
9.1 Relax & Renew Bodyworks, LLC may block, restrict, disable, suspend, or terminate your access to all or part of the Site, the Site Services, and/or Relax & Renew Bodyworks, LLC Content at any time in Relax & Renew Bodyworks, LLC discretion, without prior notice or liability to you. Any conduct by you that, in Relax & Renew Bodyworks, LLC sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
10. LINKS TO THIRD PARTY SITES
10.1 In the event that Relax & Renew Bodyworks, LLC provides links from its website to any third-party website or permits any third party to link from its website to the Relax & Renew Bodyworks, LLC website, you should be aware that Relax & Renew Bodyworks, LLC makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Relax & Renew Bodyworks, LLC, and Relax & Renew Bodyworks, LLC provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Relax & Renew Bodyworks, LLC.
11. WARRANTIES AND DISCLAIMERS
11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services are provided by Relax & Renew Bodyworks, LLC under these terms of service "as is" without warranty of any kind, either express, implied, statutory or otherwise. Relax & Renew Bodyworks, LLC expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Relax & Renew Bodyworks, LLC makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Relax & Renew Bodyworks, LLC makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Relax & Renew Bodyworks, LLC will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
12. PERSONAL INFORMATION AND PRIVACY
12.1 Relax & Renew Bodyworks, LLC will use and protect your data, such as your name and address, in accordance with the Relax & Renew Bodyworks, LLC Privacy Statement, the contents of which are incorporated by reference into these Terms of Service.
13. INDEMNIFICATION
13.1 You agree to defend, indemnify and hold harmless Relax & Renew Bodyworks, LLC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Service or of any representation or warranty contained herein, your unauthorized use of the Relax & Renew Bodyworks, LLC Content, or your violation of any rights of another.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms of Service are governed by and shall be construed in accordance with the laws of the United States of America. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Service shall be heard and decided exclusively before the courts located in the United States of America and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Service may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party, however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Service shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Service shall not affect the validity or enforceability of the balance hereof.