Terms and Conditions of Sale
(applies to all purchases from the BodyCheckJournal.com web store)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services, including without limitation merchandise, access to our Hosted Content (defined below), Digital Content (defined below), and other products and services (“Product”) sold by BluFairy/Body Check Journal (“BCJ”, “we”, “our”, or “us”) from our online store with a homepage located at www.bodycheckjournal.com (the “Website”). By placing your order for Product, you accept and are bound to these Purchase Terms & Conditions and any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”). In addition, your use of the Website is subject to our Terms of Service (“Terms of Service”) available at http://www.bodycheckjournal.com/terms-of-service. These Purchase Terms & Conditions shall apply only to your purchase through the Website. Any purchases you make of our products by any other means or method will be governed by a separate purchase agreement between you and BCJ.
1. Eligibility. By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age, or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order.
2.Digital Content; Hosted Content.
a. The Website may offer downloads of digitized versions of audio recordings, artwork, and information related to such recordings, and other content (individually and collectively, “Digital Content”). The Website may also offer access to and use of certain online services via the Website, including without limitation, online courses and related course materials (“Hosted Content”).
b. Limited License to Digital Content. Effective after our acceptance of your order for Digital Content and your payment of all associated fees, BCJ grants you a non-exclusive, non-transferable, non-assignable license to use the Digital Content you purchase solely for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service.
c. Limited License to Use Hosted Content. Effective after our acceptance of your order for Hosted Content and your payment of all associated fees, BCJ grants you a non-exclusive, non-transferable, non-assignable license to use the Hosted Content you purchase solely for your personal, non-commercial use during the period of time set forth in the Rules for such Hosted Content (or, if no such period is set forth, ninety (90) days from the date of your purchase), subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service.
d. Restrictions. You represent, warrant, and agree that you will use the Hosted Content and Digital Content only for your personal, non-commercial use and not for any redistribution of the Hosted Content or Digital Content or other use restricted in these Purchase Terms & Conditions, the Rules, or the Terms of Service. Except as set forth in Sections 2.2 and 2.3, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend modify, adapt, edit, or license or otherwise transfer or use the Digital Content or Hosted Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content or Hosted Content. You acknowledge that the Digital Content and Hosted Content each embodies the intellectual property of BCJ and/or third parties and is protected by law. You agree not to infringe the rights of the Digital Content’s and Hosted Content’s owners and to comply with all applicable laws in your use of the Digital Content.
e. Unique Identifiers. Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”). You may not modify, reverse engineer, decompile or disassemble or otherwise tamper with the Unique Identifiers.
f. Reservation of Rights. Except for the rights explicitly granted to you in these Purchase Terms & Conditions, all right, title, and interest in the Digital Content and Hosted Content are reserved and retained by us, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content, and you do not acquire any ownership rights in the Hosted Content as a result of accessing and using the Hosted Content.
a. Purchases. In the event you wish to purchase Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
b. Payment. Terms of payment are within BCJ’s sole discretion, and unless otherwise agreed by BCJ, payment must be received by BCJ prior to BCJ’s acceptance of an order. Your right to any available Product (including Hosted Content) is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. For physical Product, we do not charge your credit card until after your order has entered the shipping process.
c. Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If physical Product offered on the Website is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
d. Shipping. Please allow up to ten (10) business days for delivery, depending on shipping method, to locations inside the United States of America (50 States and the District of Columbia), and up to fourteen (14) days for delivery to locations outside the United States.
e. Access to Purchased Hosted Content and Digital Content. Please allow up to 24 hours for us to transmit an e-mail to you with necessary login credentials to access Hosted Content. Digital Content will be available promptly after purchase under the “my accounts” section of the Website.
f. Return and Cancellation Policy. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download, please contact BCJ’s customer service group at the address specified below. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content and certain Hosted Content from the Service without notice. If within 72 hours of our acceptance of your order for Hosted Content, you send written notice to us at email@example.com that the Hosted Content did not meet your expectations and request a refund, your right to access and use the Hosted Content will terminate and you will be eligible to receive a refund of the purchase price for such Hosted Content. After the expiration of the 72 hour period, purchased Hosted Content that is payable in monthly installments may be cancelled by sending notice of your cancellation to firstname.lastname@example.org. If you cancel your subscription to Hosted Content as set forth in the previous sentence, your right to access and use the Hosted Content will terminate and you will receive no refund; however, your obligation to pre-pay for future months of your subscription to Hosted Content will terminate. To be eligible for a refund in connection with any other Product (e.g., physical merchandise) purchased via the Website, the applicable Product must be returned to us in its original packaging, in unused condition, and accompanied by the relevant packing slip or receipt within fourteen (14) days from the date of purchase.
g. Discontinuation of Hosted Content. We reserve the right to discontinue providing Hosted Content at any time. In the unlikely event that we discontinue providing Hosted Content that you have purchased from us prior to the expiration of the applicable Hosted Content access period described in Section 2.3 above, you may be eligible for a refund as follows. If you purchased Hosted Content from us less than 72 hours prior to the discontinuation, you shall be eligible for a refund of the full purchase price received by us from you for that Hosted Content. If you purchased Hosted Content from us 72 hours or more prior to the discontinuation, your obligation to pre-pay for future months of your subscription to Hosted Content will terminate. Refunds will be credited back to the original credit card used for payment or, in the discretion of BCJ, sent to you via check. All refund requests must include your full name and be made by you or the holder of the credit card used by you. Notwithstanding the foregoing, BCJ reserves the right to cancel your access to Hosted Content or any other part of the Website in the event you breach any term or condition identified in (i) the Terms of Service, (ii) these Purchase Terms and Conditions or (iii) any Rule on the Website. In such event, you will not be entitled to any refund.
h. Product Availability. All Product orders are subject to availability.
i. Order Questions. For any inquiries regarding Product orders, please contact us via e-mail at email@example.com. If we have any questions about your order, you agree that we may contact you by phone, mail or email.
j. Colors. We have made every effort to display as accurately as possible the colors of Product that appear on the Website. Actual colors displayed depend on the monitor used. We cannot guarantee a monitor’s display of any color will be accurate.
k. Trademarks. You recognize that there is great value to BCJ in the Product and all names, graphics, designs, logos, commercial markings, trade dress, and service names included in the Product, and that they are trademarks of BCJ or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not copy, reproduce, or modify any Product or Trademarks in any way, without our prior written consent. You shall not, directly or indirectly, assert any interest or property rights in any Trademarks or any marks substantially similar thereto or contest the validity of any of the Trademarks or BCJ’s ownership of them. You will not use the Trademarks or the Products in a manner that disparages or discredits BluFairy/Body Check Journal, BCJ or any of their products or services, or portrays BluFairy/Body Check Journal or BCJ or any of their products or services in a false, competitively adverse or poor light or in a manner that is likely to cause confusion. You will comply with BCJ’s requests as to the use of the Trademarks and the Products and will avoid taking any action that diminishes the value of any of the Trademarks.
l. No Resale. You acknowledge and agree that no Product may be directly or indirectly repackaged or resold or sublicensed or rented by you, unless specifically agreed otherwise by us in writing.
m. Risk of Loss. Risk of loss and title for the physical Product purchased from the Website pass to you upon our delivery to the carrier. For purposes of clarity, ownership of the intellectual property in the Product remains at all times with BCJ, subject to the limited licenses granted to you herein.
4. Restrictions on Use of Product. You acknowledge and agree that you will: (a) use Product only in a lawful manner and only in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service; (b) not modify, edit or alter any Product in any manner without our prior written permission; and (c) not use any Product in a manner that may cause any consumer confusion as to our relationship with you or any third party or that may imply that BluFairy/Body Check Journal or BCJ endorses you or your products or services.
5. Disclaimer of Warranties. Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, BCJ disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality and non-infringement. BCJ does not warrant or make any representations regarding the use or the results of the use of Product in terms of its correctness, accuracy, reliability, quality, or otherwise. Product could include technical inaccuracies or typographical errors. Product could be inaccurate or become inaccurate as a result of future developments. BCJ undertakes no obligation to verify or maintain the currency of such information. BCJ makes no representation or warranty that Product will be error free or that all errors will be corrected.
6. Limitation of Liability. Without limiting the Limitation of Liability in our Terms of Service, under no circumstances shall BCJ or its affiliates or any of their officers, directors, employees, licensors and/or agents (“BCJ Parties”) be liable to anyone for any indirect, special, incidental, consequential, punitive or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage), arising out of or in any way connected to these Purchase Terms & Conditions and/or the Rules and/or the Terms of Service and/or the use of, or the inability to use, Product. BCJ shall not be liable even if BCJ or a BCJ authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, or delay. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the BCJ Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for Product related to the claim for damages.
7. Indemnification. You hereby agree to defend, indemnify and hold BCJ, its parents, subsidiaries and affiliated companies and each of their respective officers, employees, directors, members, managers, agents, licensors, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your failure to comply with these Purchase Terms & Conditions, and your violation of any applicable laws or rights of any third party.
8. Termination; Amendments. Your rights under these Purchase Terms & Conditions will automatically terminate without notice form us if you fail to comply with any of their terms, or any terms of the Rules or the Terms of Service. In case of such termination, you must cease all use of the Digital Content and Hosted Content, and we may immediately revoke your access to the Website without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Website. Your continued use of the Digital Content and/or Hosted Content after any such amendment’s effective date evidence your agreement to be bound by it.
9. Governing Law. These Purchase Terms & Conditions and any disputes arising under or related to these Purchase Terms & Conditions or any Product will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Purchase Terms & Conditions (whether for breach of contract, tortious conduct or otherwise) or with respect to any Product will be brought exclusively in the state courts of New York located in New York, NY or the United States District Court for the Southern District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect thereto. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Purchase Terms & Conditions or Product.
10. General. If any provision of these Purchase Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Purchase Terms & Conditions may be assigned by BCJ, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Purchase Terms & Conditions, along with the Terms of Service and any other written terms and conditions regulating use of the Website and Product, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
11. Third Party Beneficiary. Third party Digital Content and Hosted Content copyright owners, if any, are intended third-party beneficiaries under these Purchase Terms & Conditions and may enforce these Purchase Terms & Conditions against you and invoke all rights hereunder including limitations of liability.
12. Contact Us. If you have any questions or concerns regarding your order or Product, please contact us by e-mail at firstname.lastname@example.org or write to us at BluFairy., PO Box 621044 Orlando, FL 32762
Last Modified: June 20, 2012