Terms of Service
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and 3D Body Me ("Company," "we," "us," or "our"), governing your access to and use of the website 3dbodyme.com (the "Site") and any related services, applications, and features offered thereon (collectively, the "Services").
By accessing, browsing, or utilizing the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you are expressly prohibited from using the Site and Services and must discontinue use immediately.
1. Acceptance of Terms
1.1. Your continued use of the Site and Services signifies your explicit and irrevocable agreement to adhere to these Terms as they may be updated from time to time. These Terms apply to all visitors, users, and others who access or use the Services.
2. Use of Services
2.1. Users shall utilize the Services exclusively for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit the use and enjoyment of the Services by any third party. 2.2. Prohibited activities include, but are not limited to, unauthorized access to systems, data scraping, distribution of malware, harassment, or any action that could impair the functionality, security, or integrity of the Site or Services. 2.3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission from 3D Body Me.
3. Intellectual Property Rights
3.1. All intellectual property rights pertaining to the Site, its original content, features, and functionality (excluding User-provided content) are and shall remain the exclusive property of 3D Body Me and its licensors. 3.2. Our trademarks, trade dress, and intellectual property may not be used in connection with any product or service without the prior written consent of 3D Body Me. Your use of the Services grants you no right or license to reproduce or otherwise use any 3D Body Me trademarks, logos, or other proprietary graphics.
4. User Content
4.1. Users retain all ownership rights in any content, data, or materials they submit or upload to the Site ("User Content"). 4.2. By submitting User Content, you grant 3D Body Me a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the provision and promotion of the Services, subject to any applicable privacy policies. 4.3. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content and to grant the license set forth herein.
5. Disclaimers
5.1. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. 5.2. 3D BODY ME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5.3. ANY INFORMATION OBTAINED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL, HEALTH, OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH APPROPRIATE PROFESSIONALS FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
6. Limitation of Liability
6.1. IN NO EVENT SHALL 3D BODY ME, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless 3D Body Me and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.
8. Termination
8.1. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 8.2. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Governing Law
9.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
10. Changes to Terms
10.1. 3D Body Me reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is deemed material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 10.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue using the Services.
11. Contact Information
11.1. For any inquiries regarding these Terms, please contact us at [email protected].