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Access
to most areas of the TheBodyShopLive platform is entirely free, and the vast
majority of all system usage occurs in the free areas of TheBodyShopLive
without any charge or obligation. For example, TheBodyShopLive assesses no
fees or charges for access to the TheBodyShopLive public performer galleries,
free live guest videochat, profiles, and all other free members-only
services. Optional premium services are clearly marked, bear prominent
and conspicuous disclosures, and you must affirmatively agree to such
premium services before being charged. These include such services as
the live videochat interface to premium video-chat rooms, and the
TheBodyShopLive "Gold Membership" or "V.I.P. Membership" premium packages (see
below). All premium services are offered directly under the
control of TheBodyShopLive, are delivered solely through the TheBodyShopLive.com
website, and are not made available on any other website, domain name,
or internet service.
REFUND
POLICY: TheBodyShopLive does not typically provide cash refunds unless
extraordinary circumstances apply; we do, however, grant credits in the
form of free time and/or coupons for premium services. We also provide
discounts and/or credits in the event you experience technical
difficulties that you demonstrate to have made a sincere effort to
resolve. TheBodyShopLive adheres to a very liberal "Customer is always Right"
policy and will undertake almost any action necessary to ensure that no
customer ever has an unsatisfactory experience on the service. Cash
credits are therefore issued on a discretionary basis only. This is a
NO-REFUNDS policy. All sales are final. If you have experienced
dissatisfaction with TheBodyShopLive, please email us all the details and we will take the appropriate actions.
GOLD
MEMBERSHIP and VIP MEMBERSHIP PACKAGES: At any time during the life of
a customer account, customer may elect to upgrade to TheBodyShopLive "Gold
Membership" (20% discounts on Private Sessions) or "V.I.P. Membership"
(20% discount on Private and V.I.P. sessions) premium programs.
- TERMS OF SERVICE AGREEMENT AND RULES OF THE ROAD
- TheBodyShopLive.com
provides its service to you as a registered subscriber or authorized
user ("Member" or "you"), subject to the terms of this agreement and
TheBodyShopLive's operating rules or the "Rules of the Road" ("Rules"). Both
of these documents are binding agreements and we shall refer to them
collectively as "TOS". The TOS comprises the entire agreement between
TheBodyShopLive and you, superseding any prior agreements between you and
TheBodyShopLive with respect to its subject matter. Additionally, you may be
subject to additional terms and conditions that may apply when you use
affiliate services (e.g., the International Areas), third-party
content, software, or services.
- TheBodyShopLive may change the TOS at any
time, subject to timely notice, posted publicly in a visible manner.
You agree to review the TOS periodically to be aware of such changes.
If any change is unacceptable to you, you may terminate your membership
as provided in "Cancellation" below, or in Section 10 below. Your
continued use of TheBodyShopLive following the Effective Date of any such
change to the TOS constitutes acceptance of all such changes.
- As a part of the services provided,
and pursuant to 15 U.S.C. § 7701 et seq., your registration with
TheBodyShopLive signifies your affirmative express consent, at your own
initiative, to receive email notifications by TheBodyShopLive or ICPs
informing you when ICPs are "live" on TheBodyShopLive. These messages are sent
to you exclusively in order to facilitate additional live interactions
with ICPs whose fanclubs you have joined or with whom you otherwise
have established commercial relationships, and to update and/or notify
you of changes to "live" status or of current upcoming events or webcam
sessions of such ICPs and of changes in the free features of the
TheBodyShopLive Love & Health Information services. You may always
"opt-out" of such notifications by emailing us at any time.
- YOUR ACCOUNT INFORMATION
- You
certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to
provide TheBodyShopLive with accurate, complete, and current registration
information. Failure to do this shall constitute a breach of this
agreement and unauthorized access to TheBodyShopLive. Unauthorized access to
TheBodyShopLive could result in immediate termination of your account and
subject you to civil and criminal liability. Unless you have prior
written authorization from TheBodyShopLive, you may not register for
additional accounts after such termination.
- Upon registering as a Member, you
will choose a password and a screen name/chat handle. You may not
select or use a screen name of another person (unless it is also your
name) a name in violation of a third party's property rights, or a
screen name that TheBodyShopLive deems offensive or otherwise inappropriate.
TheBodyShopLive owns all screen names and licenses them to you. You expressly
authorize TheBodyShopLive to use and disclose your password, screen name/chat
handle and/or account information with and to third parties, to ensure
the protection of TheBodyShopLive's rights or property. Additionally, you may
not use your screen name in violation of the TOS or in ways TheBodyShopLive
deems inappropriate (e.g., sending or causing to be sent mass e-mail
solicitations). TheBodyShopLive reserves the right to delete any such screen
name or to request deletion.
- You are entirely liable for all
activities conducted through your account. A Member may not permit
another individual to use the Members account without direct
supervision by the Member.
- Members who have had their TheBodyShopLive membership terminated may not access TheBodyShopLive without TheBodyShopLive's
prior express written (including e-mail) permission. Members may not
allow a former Member or other agent whose membership has been
terminated to use their account. For additional information on
re-registration and multiple accounts, see Section 10 below.
- Cancellation Members may cancel their account at any time by contacting TheBodyShopLive. To ensure prompt and effective cancellation, please provide your TheBodyShopLive screenname and password.
- CHARGES AND BILLING PRACTICES
- There
is no fee for basic membership to TheBodyShopLive. However, you may be subject
to internet access charges as required by your local or national
Internet Service Carrier/Provider. Certain fee-only video chathosts may
set a price and terms that govern and restrict access to their
respective videochat. Customers may avoid charges entirely by choosing
to limit their interactions with fee-only video chathosts to a free
guest-only videochat interface and to avoid other fee-based areas of
the service. However, fee-based videochats in which you interact via
the text/video chat interface will incur charges to you at the rate set
by the Video Chathost. These fees are prominently disclosed to you
prior to your willing entrance into the fee-based video chat interface.
Users may also elect to join premium areas of the service, such as
"Gold Membership", for a monthly fee of $29.99 or "V.I.P. Membership"
for a monthly fee of $34.99 (see above).
- If TheBodyShopLive does not receive
payment from the credit card issuer or its agents for your usage of
TheBodyShopLive, you agree to pay all amounts due upon demand by TheBodyShopLive.
Each time you use TheBodyShopLive you agree and reaffirm that TheBodyShopLive is
authorized to charge your designated card. Your card issuer agreement
governs your use of your designated card in connection with TheBodyShopLive,
and you must refer to that agreement and not this TOS with respect to
your rights and liabilities as a card holder. You agree that TheBodyShopLive
may, at its option, accumulate charges incurred during your billing
cycle and submit them as one or more aggregate charges during or at the
end of each cycle. This means that accumulated charges may appear on
the statement you receive from your bank or
card issuer. Further, you agree that TheBodyShopLive may delay obtaining
authorization from your card issuer until submission of the accumulated
charges. You acknowledge that if you want to see the components of
accumulated charges you may do so emailing "webmaster@thebodyshoplive.com"
- If TheBodyShopLive does not receive the
full amount of your TheBodyShopLive account balance within thirty (30) days of
the invoice date, an additional 1.5% (or the highest amount allowed by
law, whichever is lower) per month late charge may be added to your
bill and immediately become due and payable. Member shall be liable for
all attorney and collection fees arising from TheBodyShopLive's efforts to
collect any unpaid balance of your account(s). You agree to be billed
for and to pay any outstanding balance in the event of cancellation or
termination of your TheBodyShopLive account. Unless you notify TheBodyShopLive of any
discrepancies within thirty (30) days after they first appear on your
account statement, they will be deemed acceptable by you for all
purposes, including resolution of inquiries made by your card issuer.
You release TheBodyShopLive from all liabilities and claims of loss resulting
from any error or discrepancy that is not reported to TheBodyShopLive within
thirty (30) days of its publication.
- TheBodyShopLive RESERVES THE RIGHT, AT ANY
TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF
SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR
SERVICES PROVIDED BY TheBodyShopLive, ITS AFFILIATES, OR ICPS. TheBodyShopLive MAY
ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING
CHARGES THROUGH POP-UPS, E-MAIL, OR THROUGH THE U.S. MAIL TO THE
ACCOUNT HOLDER. If any such change is unacceptable to you, you may
terminate your membership as provided in Section 10 below. Your
continued use of TheBodyShopLive following the Effective Date shall constitute
your acceptance of such change.
- You are responsible for all charges
associated with connecting to TheBodyShopLive. You agree that any charges
incurred to access the Internet, including but not necessarily limited
to telephone charges and access fees billed by your Internet Service
Provider, are entirely your responsibility. Depending on your
particular location and chosen Internet Service Provider, you may be
subject to long distance charges and/or other communication surcharges,
which are your responsibility. You acknowledge that if you want to see
the detailed components of accumulated charges, you may do so by
sending email to "webmaster@thebodyshoplive.com"
- RIGHTS AND RESPONSIBILITIES
- CONTENT.
You acknowledge that: (i) TheBodyShopLive contains information,
communications, software, photos, videos, graphics, music, sounds, and
other material and services (collectively "Content"); (ii) Such Content
is provided under license by Independent Providers of Content ("ICPs"),
other Members, TheBodyShopLive and its affiliates; and (iii) At minimum,
TheBodyShopLive owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. Each Member and any user of Members
account must evaluate, and bear the risk associated with any reliance
on the accuracy, completeness or usefulness of any Content. TheBodyShopLive
does not pre-screen Content as a matter of policy: however TheBodyShopLive,
its affiliates, and ICPs shall have the right, but not the
responsibility, to remove Content that they deem harmful, offensive or
otherwise in violation of the TOS. Accordingly, you acknowledge that
neither TheBodyShopLive, its affiliates, nor any ICP shall assume or have any
liability for any action or inaction by TheBodyShopLive or its affiliates, or
any ICP, with respect to Content, or Content changes within, TheBodyShopLive. - PROPRIETARY RIGHTS.
You
acknowledge the following: (i) TheBodyShopLive permits access to Content that
is protected by copyrights, trademarks, and other intellectual and
proprietary rights ("Rights"); (ii) These Rights are valid and
protected in all media and technologies existing now or later
developed; and (iii)Except as explicitly provided otherwise, the TOS,
applicable copyright and other laws govern your use of Content (see the
Rules, Section D, for details). You agree that you may upload to the
software files, message boards, or otherwise transmit on or through
TheBodyShopLive only Content that (1) is not subject to any Rights, or (2) any
holder of Rights has given express authorization for distribution on
TheBodyShopLive. You represent that if you upload any files, you have the
legal authorization to do so. You agree that TheBodyShopLive may employ
virus-checking technology to protect its system and its members from
viruses. By submitting Content to any "public area" of TheBodyShopLive (e.g.,
message boards, forums, the Member Directory), you grant TheBodyShopLive and
its affiliates the royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the Content
(in whole or in part) worldwide and/or to incorporate it in other works
in any form, media or technology now known or later developed, for the
full term of any rights that may exist in such Content. You also
warrant that the holder of any Rights, including moral rights in such
Content, has completely and effectively waived all such Rights and
validly and irrevocably granted to you the right to grant the license
stated above. You also permit any Member and authorized user to access,
display, view, store and reproduce the Content for personal use.
Subject to the foregoing, the owner of Content placed on TheBodyShopLive
retains any and all Rights that may exist in such Content. - CONDUCT AND COMMUNICATION
You
acknowledge that TheBodyShopLive may contain material that may be
inappropriate for minors. You recognize that communication over
TheBodyShopLive often occurs in real time or is posted on one of TheBodyShopLives
message boards or chatrooms. You acknowledge that TheBodyShopLive cannot, and
does not intend to, screen communication in advance for accuracy or
conformance to the TOS or any laws. However, TheBodyShopLive may elect, at its
sole discretion, to monitor some, all, or none of TheBodyShopLives public
areas for adherence to the TOS. Accordingly, you acknowledge that
neither TheBodyShopLive, its affiliates, nor any ICP shall assume or have any
liability for any action or inaction by TheBodyShopLive, its affiliates, or
any ICP with respect to Content on TheBodyShopLive. Any conduct by a Member
that in TheBodyShopLive's sole discretion restricts or inhibits any other
Member, person or entity from using or enjoying TheBodyShopLive or another
service shall entitle TheBodyShopLive to immediately terminate membership
without notice. You agree to use TheBodyShopLive only for lawful purposes. You
may not use, or allow others to use, your TheBodyShopLive account, either
directly or indirectly, to: (1) post, transmit, or promote any
unlawful, harmful, threatening, abusive, harassing, defamatory,
obscene, hateful, racially, ethnically or otherwise objectionable
Content; (2) harass, threaten, embarrass, or cause distress, unwanted
attention or discomfort upon another Member or user of TheBodyShopLive or
other person or entity; (3) post, transmit, promote, link, or
facilitate the distribution of content that may generally be considered
obscene, including, but not necessarily limited to, bestiality,
urination/defecation, fisting, incest, extreme sado-masochism or
bondage presented in a sexual context, or any presentation of minors
engaged in intimate physical contact or sexual situations, acted or
depicted. (4) disrupt the normal flow of dialogue in a chatroom or on a
message board or otherwise act in a manner that negatively affects
other Members, users, individuals or entities, such as causing the
screen to "scroll" faster than other Members or users are able to type
to it or any action to a similar disruptive effect; (5) impersonate any
person or entity, including, but not limited to, an TheBodyShopLive official,
an ICP, forum leader, guide or host, or communicate under a false name
or a name that you are not entitled or authorized to use, or
impersonate a minor; (6) post or transmit, or cause to be posted or
transmitted, chain letters or pyramid schemes; (7) post or transmit, or
cause to be posted or transmitted, any unsolicited advertising,
promotional materials, or other forms of solicitation to other Members,
individuals or entities (although Contributors may use the TheBodyShopLive
E-mail System to update and notify interested users of changes to
"live" status or of current or upcoming events or webcam sessions, for
those interested users who have joined the fanclubs of, or have
otherwise established commercial relationships with, specific
contributors and who have not asked to be removed or unsubscribed from
such contributor's "fan lists"), or collect or harvest screen names of
other Members, without permission; (8) post or transmit, or cause to be
posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private financial information
from any Member; (9) violate any operating rules, policies or
guidelines of any other interactive service, including, but not limited
to, the operating policies of the International Areas; or (10)
intentionally or unintentionally violate any applicable local, state,
national, international or foreign law, including, but not limited to,
any rules or regulations having the force of law. Please see the Rules
for additional examples of prohibited conduct. TheBodyShopLive reserves the
right to protect its Members and TheBodyShopLive from offensive e-mail
communication, including, but not limited to, the right to block mass
e-mail solicitations, or "junk e-mail." You also agree and accept that
as new products become available on or through TheBodyShopLive, your use of
these products is subject to TOS. In addition to Content and services
provided by ICPs, TheBodyShopLive, and its affiliates, others may offer
Content, software or other services to Members with their own terms and
conditions relating to your use. Failure to abide by these terms and
conditions may result in termination of membership. Furthermore, other
such networks, including Internet areas, may subject Members to their
own usage policies.
- PRIVACY POLICY
- INTRODUCTION
- General.
The following presents important information relating to TheBodyShopLive'
comprehensive Privacy Policy. Because protecting your privacy is very
important to TheBodyShopLive, we have established a privacy policy that
safeguards your personal information, and are committed to protecting
its confidentiality. We will limit the collection and use of personal
information, or Individual Information (as defined herein), to what is
necessary to administer our business, provide you with the highest
quality service, and offer you opportunities we think will be of
interest. We will NOT disclose any Individual Information unless we
believe that such action is necessary to comply with applicable law or
valid legal process (including without limitation search warrants,
court orders, or providing assistance to law-enforcement authorities
investigating the alleged commission of a crime), or if the disclosure
of Individual Information to a credit-card bank may help us prove the
legitimacy of a credit-card charge or bill. We actively participate in
industry associations and community groups to support strong and
effective privacy guidelines and practices in the interactive
environment.
- Types of Individual
Information. Individual Information is any information, data or records
that relate to your TheBodyShopLive membership or use of TheBodyShopLive and
identifies you or your individual Member account. The three types of
Individual Information are; (1) "identity and billing information,"
including without limitation your name, street address, telephone
number, billing information, and any account information associated
with your screen names; (2) "navigational and transactional
information," including without limitation information about where you
go or what you buy through TheBodyShopLive; (3) "private communications,"
including without limitation the contents of e-mail, or private chat
room communications.
- MEMBER IDENTITY AND BILLING INFORMATION.
- Collection
and Storage. We maintain various types of identity and billing
information, including without limitation, your name, street address,
telephone number(s), length of membership, and payment information. We
may also keep information on your communications with our Customer
Service department and chathosts, and general account history, such as
accumulated usage credits or written complaints relating to your
account. We safeguard Individual Information from unauthorized access
and only authorized employees or agents who need to carry out
legitimate business functions are permitted access to Members
Individual Information. Employees who violate TheBodyShopLives privacy
policies are subject to disciplinary actions, including termination
when appropriate. We may use agents, who are bound by strict
confidentiality guidelines, to perform storage, processing, and other
limited functions on TheBodyShopLives behalf.
- Use. We use identity and
billing information to administer our business, ensure that you are
properly billed and to communicate with you if the need arises.
- Disclosure. Our policy is not to disclose identity and billing information to third parties, unless required to do
so by applicable law or valid legal process (including without
limitation search warrants, court orders or providing assistance to
law-enforcement authorities investigating the alleged commission of a
crime). TheBodyShopLive, at its sole discretion, reserves the right to make
exceptions to this policy in extraordinary circumstances (including
without limitation a bomb or suicide threat, or instances of suspected
illegal activity) on a case-by-case basis. When feasible, we do allow
our Members to access and verify their Member Identity and Billing
Information. We also allow our Members to request corrections to this
Information. TheBodyShopLive intends to abide by applicable laws governing the
disclosure to governmental entities of Individual Information and other
records. If we are under a legal obligation to disclose Individual
Information to a private citizen or entity, we may make efforts under
the circumstances to notify the affected Member(s) in advance of
releasing it in order to provide the Member(s) an opportunity to pursue
any available legal protection.
- Compelling Obligation.
Although WebPower/TheBodyShopLive will take reasonable measures not to
disclose information about you or the contents of your communications,
we may be compelled to do so in the good faith belief that such action
is reasonably necessary (a) to comply with the law; (b) to comply with
legal process; (c) to enforce TheBodyShopLive’s terms and conditions; (d) to
respond to claims that any content violates the rights of third
parties; or (e) to protect the interests of WebPower/TheBodyShopLive or
others.
- NAVIGATIONAL AND TRANSACTIONAL INFORMATION.
- Collection.
We may collect and store certain navigational and transactional
information, such as data on the choices you make from the range of
available services, and the times and ways you use TheBodyShopLive.
- Use.
TheBodyShopLive uses navigational and transactional information to personalize
TheBodyShopLive and for programming and editorial research. For example, we
may use this information to understand our Members reactions to menu
items, Content, and services offered through TheBodyShopLive and to customize
TheBodyShopLive based on our Members interests.
- Disclosure. TheBodyShopLive will not
disclose to third parties navigational or transactional information
(e.g. what you view through TheBodyShopLive), except to comply with applicable
law or valid legal process (including without limitation search
warrant, court order, or providing assistance to law-enforcement
authorities investigating the alleged commission of a crime).
- PRIVATE COMMUNICATIONS
- Collection
and Storage. The TheBodyShopLive computer system does record and retain all
chat room communications. However, to keep copies of any
communications, you should store them on your personal computer hard
drive or in print form. You agree that TheBodyShopLive may employ e-mail
virus-checking technology to protect its system and its members from
viruses.
- Use. TheBodyShopLive treats private
communications on or through TheBodyShopLive as strictly confidential.
TheBodyShopLive does not access, use or disclose the contents of private
communications, except in limited circumstances as specifically
provided herein. You acknowledge that private communications directed
at a person or entity, including TheBodyShopLive, may be used or disclosed by
the intended recipient(s) without restrictions relating to privacy or
confidentiality.
- Disclosure. TheBodyShopLive does not
access or disclose the contents of private communications (e.g. e-mail,
Member-created private rooms, online communications), unless it in good
faith believes that such action is necessary (1) to comply with
applicable law or valid legal process (including without limitation
search warrants, court orders or providing assistance to
law-enforcement authorities investigating the alleged commission of a
crime); (2) to protect the rights or property of TheBodyShopLive; or (3) in
emergencies when TheBodyShopLive believes that physical safety is at risk.
TheBodyShopLive reserves the right to treat as public any private chat room
whose directory or room name is published or becomes generally known or
available.
- INTERNATIONAL CONTENT TheBodyShopLive INTERNATIONAL AREAS.
You acknowledge that your use of TheBodyShopLive allows access to content
originating from TheBodyShopLive and its affiliates, other Members and users
of TheBodyShopLive, ICPs, as well as other third parties which may originate
from countries other than the United States ("International Content").
Your access to and use of the International Areas and International
Content will be governed (in addition to the TOS) by separate terms and
operating policies and applicable national laws and customs. - TheBodyShopLive SOFTWARE LICENSES TheBodyShopLive
grants to you a non-exclusive, limited license to use TheBodyShopLive software
to transmit your personal video signal to TheBodyShopLive from authorized
locations in accordance with this agreement. This license is subject to
the restriction that, except where expressly permitted by law, you may
not translate, reverse-engineer or reverse-compile or decompile,
disassemble or make derivative works from, TheBodyShopLive software. You may
not modify TheBodyShopLive software or use it in any way not expressly
authorized in these Rules. You agree and accept that TheBodyShopLives
introduction of various technologies may not be consistent across all
platforms (e.g. Macintosh).
- WARRANTY MEMBER EXPRESSLY AGREES THAT THE
USE OF TheBodyShopLive AND TheBodyShopLive SOFTWARE ARE AT MEMBERS SOLE RISK.
TheBodyShopLive, TheBodyShopLive SOFTWARE, AND TheBodyShopLive PRODUCTS ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. TheBodyShopLive PROVIDES THE TheBodyShopLive SERVICE ON A
COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL
BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING,
OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR
FOR PARTICULAR PRODUCTS. TheBodyShopLiveS ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY WITH RESPECT TO USE OF TheBodyShopLive, TheBodyShopLive SOFTWARE, AND THE
INTERNET SHALL BE THE REPLACEMENT OF ANY TheBodyShopLive SOFTWARE FOUND TO BE
DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TheBodyShopLiveS
LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. TheBodyShopLive DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
PRODUCT OR SERVICE OFFERED THROUGH TheBodyShopLive, EXCEPT AS EXPRESSLY
PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
- INDEMNIFICATION Upon TheBodyShopLives request,
Member agrees to defend, indemnify and hold harmless TheBodyShopLive, its
affiliated companies, its employees, contractors, officers, directors,
telecommunications providers, ICPs from all liabilities, claims and
expenses, including attorneys fees, that arise from breach of the TOS
by use of, or in connection with, the transmission of any Content on
TheBodyShopLive or the Internet by or through Members accounts. TheBodyShopLive
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by
Member hereunder. In such event, Member shall have no further
obligation to provide indemnification for such matter.
- TERMINATION
- Either
you or TheBodyShopLive may terminate your membership at any time. This is your
sole right and remedy with respect to any dissatisfaction with
TheBodyShopLive, including, but not limited to, (1) any TOS term, policy or
practice of TheBodyShopLive in operating TheBodyShopLive, (2) Content available
through TheBodyShopLive or change therein, or (3) any amount or type of fees,
surcharges, billing methods, or change therein. You can terminate your
membership by delivering notice to TheBodyShopLive's Customer Service
Department by email.
- In
the event that your account is terminated or canceled, no refund,
including any membership fees, will be granted; no online time or other
credits will be credited to you or can be converted to cash or other
form of reimbursement. Active TheBodyShopLive Members may not allow former
Members or other agents whose memberships have been terminated to use
their accounts. Any delinquent or unpaid accounts or accounts with
unresolved issues with the Customer Service department or other
TheBodyShopLive departments must be concluded before you may re-register with
TheBodyShopLive. Members using multiple accounts without prior express written
permission from TheBodyShopLive shall have their membership terminated.
- LAW
- To
the extent any conflict between this agreement and the Rules exists,
this agreement shall take precedence. If any part of the TOS is held
invalid or unenforceable, that portion shall be construed consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions remain in full
force and effect. The laws of the Seychelles and your membership. As
noted above, Member conduct may be subject to other local, state, and
national laws. Member expressly agrees that exclusive jurisdiction for
any claim or dispute resides in the courts of the Seychelles. Member
further agrees and expressly consents to the exercise of personal
jurisdiction in the Seychelles in connection with any dispute or claim
involving TheBodyShopLive.
- You agree to abide by the
Seychelles. and other applicable export control laws and not to
transfer, by electronic transmission or otherwise, any Content or
software subject to restrictions under such laws to a national
destination prohibited under such laws, without first obtaining, and
then complying with, any requisite government authorization. You
further agree not to upload to TheBodyShopLive any data or software that
cannot be exported without prior written government authorization,
including, but not limited to, certain types of encryption software.
This assurance and commitment shall survive termination of this
agreement. Control laws also prohibit nationals of Cuba, Iran<,
Iraq, Libya, North Korea, Sudan and Syria from gaining access to
certain Content on TheBodyShopLive.
- LEGAL NOTICES
- Pricing
Information. There is no fee for basic membership to TheBodyShopLive. However,
you may be subject to internet access charges as required by your local
or national Internet Service Carrier/Provider. Certain fee-only video
chathosts may set a price and terms that govern and restrict access to
their respective videochat. Customers may avoid charges entirely by
choosing to limit their interactions with fee-only video chathosts to a
free guest-only videochat interface and to avoid other fee-based areas
of the service. However, fee-based videochats in which you interact via
the text/video chat interface will incur charges to you at the rate set
by the Video Chathost. (Per-minute prices are tabulated by the minute
and rounded to the next whole minute.) These fees are prominently
disclosed to you prior to your willing entrance into the fee-based
video chat interface. Users may also elect to join premium areas of the
service, such as "Gold Membership ", for a monthly fee of $29.99 (see
above) or "V.I.P. Membership", for a monthly fee of $34.99 (see above).
For billing inquiries, or to request a detailed statement of your
usage, e-mail "webmaster@thebodyshoplive.com". For billing questions,
please e-mail "webmaster@thebodyshoplive.com". TheBodyShopLive reserves the right
to change fees, surcharges, membership fees or to institute new fees at
any time upon with prior written notice, as posted in highly-visible
public areas of the TheBodyShopLive website, as provided for in the Terms of
Service at Section 3.
- Complaints. Please deliver any complaints to us by email.
- "TOS" = The Terms of Service and the Rules of the Road, collectively
- "TheBodyShopLive" or “we” = TheBodyShopLive.com operator
- "Member" or "you" = A registered subscriber or authorized user of TheBodyShopLive
- "Rules" = Rules of the Road
- "Effective Date" = The date that the TOS change is posted in the Terms of Service area
- "Content"
= Information, communications, software, photos, video, graphics,
music, audio and text and other materials and services, collectively
- "ICPs" = Independent providers of Content, including without limitation, Video Chathosts
- "Rights" = Copyrights, trademarks, and other intellectual and proprietary rights
- "Public
Areas" = Areas on TheBodyShopLive that are freely open to all Members,
including, but not limited to, public chat rooms, online forums,
message boards, and software libraries.
- "International Content"=
Content originating from TheBodyShopLive and its affiliates, other Members and
users of TheBodyShopLive, ICPs, as well as other third parties which may
originate from countries other than the United States
- "Individual Information" = Any
information, data or records that relate to your TheBodyShopLive membership or
use of TheBodyShopLive and identifies you or your individual Member account
- "International Areas" = Areas within TheBodyShopLive containing International Content
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