Last updated: 5/24/2018
Information You Provide To Us
When you use the BC Services, we may ask you to provide certain personal information to obtain our products or use our services. For example, we may ask for information when you register to create an account, update your information, sign up for a membership or subscription, use certain features, access, upload or download content, purchase products or services, enter into sweepstakes or other promotions, register or participate in a competition, fill out a survey, request customer support, or otherwise communicate with us.
We (or our service providers or business partners) may collect information that relates to you, including personal information, such as your name, e-mail address, telephone number, phone number, mailing address, date of birth, gender, and demographic information.
Information You Provide When You Participate in an Online Survey or Other Research. We may also collect information you provide us in connection with participating in an online survey or as a research panel participant. This may include, but may not be limited to, information about your lifestyle preferences, interests and hobbies, health, physical or behavioral characteristics, or other demographic information, as well as photos, videos, and other user-generated content.
Information You Provide When You Make a Purchase. If you make a purchase from us, you will be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal or Apple Pay), depending on the form of payment you choose.
Information You Provide Through Social Media. You may also be given the option to link to your Facebook or other social media accounts through the BC Services. When you do, we may automatically receive certain information from you based upon your privacy settings on those sites. This may include, but may not be limited to, name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.
Information Collected Automatically
Whenever you visit or interact with the BC Services, BC, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This information may be collected in the following ways:
For example, we may automatically or passively collect certain non-personal information from you, including your browser type, mobile device manufacturer, mobile carrier, phone number, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited, any mobile device activity and configurations, and email client. We may also automatically collect information about your use of the BC Services, including the date and time you visit the BC Services, use or click through to any of the BC Services, the areas or pages of the BC Services that you visit, the amount of time you spend viewing or using the BC Services, the number of times you return to the BC Services, other click-stream or site usage data, emails that you open, forward or click-through to our BC Services, and other sites that you may visit.
Device Information. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the BC Services, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, provide the BC Services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across computers or devices you may use.
Geolocation Information: We may collect information about the location of your Device when you access or use the BC Services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.
Third Party Service Providers. We may use third party service providers to support the BC Services. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store information on our behalf.
To learn more about your advertising choices relating to the collection and use of your information, please see contact us.
Information Received from Other Third Parties
We may obtain information about you from other trusted third party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also receive information about you from our partners and service providers, (including, for example, business partners, analytics vendors, advertising networks and search information providers).
We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the BC Services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.
Combination of Information
We may use the information about you for a variety of business purposes, including for example:
For Customer Service and Transactional Purposes, such as to:
- respond to your questions or requests and provide customer service;
- manage your account and registration;
- troubleshoot issues, bugs or defects related to your account or activities;
- provide you with access to certain features of the BC Services;
- validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and send you related information, coupons, products or samples;
- verify your identity or communicate with you about your activities with respect to the BC Services;
- to use and disclose your credit, debit or payment card or other financial information only to process payments and prevent fraud;
- contact you with regard to your use of the BC Services and, in our discretion, changes to any Bathing Culture policy;
- develop new products or services and to enhance current products and services;
- protect the security or integrity of the BC Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users; and
- for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.
For Advertising Customization and Analytics Purposes, such as to:
- perform market research, understand the effectiveness of our competition or promotions and BC Services analytics and operations;
- personalize and improve the BC Services and our products, services, offers and advertising made available on or outside the BC Services (including on other sites/ applications that you visit). For example, we may provide personalized or localized content, recommendations, features, and provide content or features that match your interests and preferences;
- provide you with customized content, advertisements, offers and promotions offered by BC or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on the BC Services, in emails and across third-party websites;
- link or combine with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and
- communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Customer Match, Twitter Match, etc.) for BC marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.
The information collected or generated through your use of the BC Services may be shared by you or by us as described below.
Sharing of Information by You
The BC Services offer many ways to find, enjoy, and share content.
Your activity in connection with the BC Services, such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, participation in online communities, “liking” or “sharing” BC content to your social media accounts or pages or otherwise interacting with the BC Services, may be visible to other users of the BC Services and in some cases, publicly available.
Sharing of Information by Us
We may share the information collected from or about you in the following ways:
With Our Affiliates. We may share your information with our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.
Third Party Service Providers. We may share your information with third party service providers that provide business, professional or technical support functions on our behalf. This includes, but may not be limited to, service providers that host or operate the BC Services; payment processors; analyze data; provide customer service; postal or delivery services, and sponsors or other third parties that participate in or administer any promotions.
Other Third Parties. Your information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your information may also be shared with third parties we identify at the time you provide your personal information or otherwise with your consent.
Business Transfers. In the event that another entity acquires us or all or substantially all of our assets, or assets related to the BC Services, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, the information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.
Legal Disclosures; Safety. BC may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our trems of use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, users of the BC Services, BC, or the public.
Aggregate or Anonymous Non-Personal Information. We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
Certain parts of the BC Services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through the BC Services or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit the BC Services to collect information about your use of the BC Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:
- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: http://www.aboutads.info/choices/; DAA AppChoices – http://www.aboutads.info/appchoices/. To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: http://www.networkadvertising.org/choices/. Please note that even if you opt-out, you may still receive advertisements from BC that are not customized based on your Usage Information.
Access and Updates to Your Information:
If you wish to verify, correct, or update any of your personal information, you may contact us at the address or e-mail in the contact us info below.
Unsubscribing from Communications by Us:
We provide our customers with the opportunity to update their information or opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product order or servicing of your product. To opt-out of marketing communications, you may:
- Send us an e-mail at tim@Bathingculture.com,
- Contact us by mail at Bathing Culture, 636 Clayton St. San Francisco, CA 94117, or
- Unsubscribe from our marketing email communications at any time by unsubscribing or following the instructions contained within the email.
Your California Privacy Rights:
California law permits residents of California to request certain details about how their personal information is shared with third parties or affiliated companies for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at: tim@Bathingculture.com. You must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not properly labeled or sent, or do not have complete information.
Protecting children’s privacy is important to us. We do not direct the BC Services to, nor do we knowingly collect any personal information from, children under the age of thirteen. If BC learns that a child under the age of thirteen has provided personally identifiable information through the BC Services, we will use reasonable efforts to remove such information from our files.
The BC Services may contain links to other sites that we do not own or operate. This includes links from service providers, fulfillment companies, advertisers, sponsors, or other business partners that may use our logo(s) as part of a co-branding agreement. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of the BC Services (including those linked to through an email or social networking page).
Attn: Massive legal team
Address: 636 Clayton Street #2B
San Francisco CA 94117
Alternatively, please go to www.Bathingculture.com, and click on the contact us link
Last updated: 5/14/2018
BC may revise these Terms at any time. Your continued usage of the BC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the BC Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the BC Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH BC ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the BC Services in any manner. By visiting the BC Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the BC Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE BC SERVICES
2.1 Use Restrictions
The content on the BC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from BC’s licensors, and any other materials displayed through the BC Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with BC. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of BC or its licensors.
Unless given written consent directing otherwise, BC authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, Bathing Culture, All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the BC Services may be included elsewhere within the BC Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to BC and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the BC Services. You may not distribute or make the BC Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replaces and/or supplement the original BC Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without BC’s written permission, “mirror” any Contents contained in the BC Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the BC Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Bathing Culture or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to BC’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
BC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the BC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), BC does not claim ownership of any information or material a user provides to BC or posts, uploads, input, submits, or transmits to the BC Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the BC Services, or which, in the judgment of BC, exposes BC or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by BC. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—BC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, BC is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. BC is not responsible for the consequences of any Submission. BC is not responsible for screening or monitoring Submissions made to this BC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, BC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. BC will have no liability or responsibility to users for performance or nonperformance of such activities.
BC reserves the right (but is not obligated) to: (a) record the dialogue on the BC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the BC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the BC Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to BC offered or communicated to us through the BC Services or otherwise shall be the property of BC, and may be treated by BC as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to BC will automatically become the property of Bathing Culture, without any compensation to you; (b) BC may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) BC has no obligation to review any Idea; and (d) BC has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, BC.
2.4 Your Account
If you use the BC Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. BC reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
BC sells personal care products (the “Products”) to end-user customers who purchase a unit or subscription plan (“Members”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use (the “Membership”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 Products and Product Pricing
The price that we will charge you for the Products and Membership may be based on a tiered pricing structure that depends on Membership chosen and the number of Products in each Member’s restock box (each a “Box”). Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the BC Services. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Memberships and Promotions
BC reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the BC Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
3.4 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and BC is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be canceled and we may not be able to process future Restock Boxes until the problem has been resolved.
If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent order received. Refund requests must be made directly to us at tim@Bathingculture.com within 30 days of the date of shipment by BC. We are not liable for Products that are damaged or lost in transit to Bathing Culture. Promptly following Bathing Culture’s receipt of your request (typically within five (5) business days), Bathing Culture will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, BC does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Bathing Culture more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.6 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. BC shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if BC suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the BC Services. For full terms and conditions related to gift cards, please visit here.
4. MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
BC will automatically renew your Membership and charge your Payment Method depending on the Membership and/or order shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged at least one full business day prior to your next order shipping date. We will charge your Payment Method with the applicable cost for your order, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.
To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership shipping frequency selected) until you cancel.
4.2 Pausing and Resuming Membership; Shipping Frequency
Members will be shipped a order based on the shipping frequency and/or shipping date chosen in their account.
For some Members, BC may offer the ability to temporarily pause their subscriptions (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any BC Products. A Member’s Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, Members will remain a member of BC, continue to receive communications from BC via email, but will not be charged any maintenance or membership fee. Members who are in a Pause Period may resume receiving BC Products by logging into their account and resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to us at tim@Bathingculture.com.
For Members who do not have the option to temporarily pause their Membership, BC may offer such Members the ability to change their order ship date. Members can choose to decrease or increase their Box shipping frequency anywhere between one (1) and six (6) months through their Member account page. These Members can also choose a specific shipping date for their next order that is anywhere between two (2) business days and up to six months away. Members that wish to retain their Membership but have their order shipped less often than six months must log in to their Member account page at least one full business day prior to your next order shipping date to extend the shipping date for an additional period (up to six months) for the next order
4.3 Membership Cancellation
You may cancel your Membership at any time from by emailing tim@bathigculture or following the steps outlined in the email for your last order. To cancel a Membership, click on “Manage subscription” link at the bottom of the email, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next order shipping date to avoid being charged. Cancellation requests received by BC through other channels may take up to five (5) business days to process. If you have any problems, please email us at tim@Bathingculture.com.
6. LIABILITY OF BC AND ITS LICENSORS AND PARTNERS
The use of the BC Services or the Contents is at your own risk. The Contents in the BC Services could include technical inaccuracies or typographical errors. BC may make changes or improvements at any time.
THE CONTENTS IN THE BC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE BC SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE BC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The BC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the BC Services. You agree that BC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the BC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the BC Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the BC Services, or based on such third party’s participation or presence on the BC Services, are solely between you and the third party. BC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the BC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold BC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Bathing Culture Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the BC Services or Contents, or your violation of these Terms. BC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
9. MODIFICATION OR SUSPENSION OF THE BC SERVICES
You agree that BC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the BC Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
BC makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the BC Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of BC and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
11. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Bathing Culture and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at tim@Bathingculture.com or Bathing Culture, Attn: massive Customer Service team, 636 Clayton St, San Francisco, California 94117. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
13. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the BC Services infringes your copyright, you should notify BC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Bathing Culture receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Bathing Culture’s copyright agent at tim@Bathingculture.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attn: Massive legal team
Address: 636 Clayton Street #2B
San Francisco CA 94117
Alternatively, please go to www.Bathingculture.com, and click on the contact us link
In an effort to protect the rights of copyright owners, BC maintains a policy for the termination, in appropriate circumstances, of users of the BC Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of BC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
15. COMPLETE AGREEMENT
16. THANK YOU!