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iSpa
PRIVACY
TERMS
Privacy
Please review our Privacy and Terms and Condition, which also governs your visit to the Site, to understand our practices.
Copyright
You acknowledge
that the Site contains information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, trade
secrets, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the Content, in
whole or in part. If no specific restrictions are displayed, you may make
copies of select portions of the Content, provided that the copies are made only
for your personal use and that you maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any
way content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety right.
Nothing contained
on the Site should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use the Site or any information displayed on
the Site, through the use of framing or otherwise, except: (a) as expressly
permitted by these Terms and Conditions; or (b) with our prior written
permission or the prior written permission from such third party that may own
the trademark or copyright of information displayed on the Site.
Intellectual
Property Infringement
iSpa.com relies
upon a network of independent Associates and vendors who supply some of the
goods advertised on the site and, in some cases, drop ship them directly to our
customers. iSpa.com is not liable for any infringement of copyrights,
trademarks, trade dress or other proprietary or intellectual property rights
arising out of Content posted on or transmitted through the Site, or items
advertised on the Site, by its Associates. If you believe that your rights
under United States or international copyright laws are being violated by any
Content posted on or transmitted through the Site, or items advertised on the
Site, please contact us promptly so that we may investigate the situation and,
if appropriate, block or remove the offending Content and/or advertisements. It
is our policy to disable access to infringing materials, and to terminate access
of repeat infringers to the Site. In order for us to investigate your claim of
infringement, you must provide us with the following information:
1.
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
2.
A description of the copyrighted work or other intellectual property that
you believe has been infringed;
3.
A description of where the material that you claim is infringing is
located or identified on the Site; Your name, address, telephone number, and
e-mail address;
4.
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner, its
agent, or the law; and
5.
A statement by you, made under penalty of perjury, that the information
submitted to us is accurate and that you are the owner of the copyright or
intellectual property or authorized to act on behalf of the owner of the
copyright or intellectual property.
The above
information should be provided to iSpa.com's agent for notice of claims of
copyright or other intellectual property infringement, who can be reached as
follows:
By mail: Copyright Agent
c/o iSpa.com
120 Tremont Street
Boston, Mass
84121
By phone: (800)
000-iSpa
By e-mail:
CopyrightAgent@iSpa.com
Trademarks
iSpa.com; mark
indicated on the Site are registered trademarks or registered service marks of
iSpa.com, in the United States and other countries. Our graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade dress
of iSpa.com. iSpa.com's trademarks and trade dress may not be used in connection
with any product or service that is not iSpa.com's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits iSpa.com. All other trademarks not owned by us that appear on the
Site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by iSpa.com.
Site access
You may not
download (other than page caching) or modify the Site or any portion of it,
without our express, written consent. This includes: a prohibition on any resale
or commercial use of the Site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of the Site or its
contents; any downloading or copying of account information for the benefit of
another merchant; and any use of data mining, robots, or similar data gathering
and extraction tools. The Site or any portion of the Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our express, written consent. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of iSpa.com or its
affiliates without our express, written consent. You may not use any meta tags
or any other "hidden text" utilizing our name or trademarks without
our express, written consent.
Your account
If you use the
Site, you are responsible for maintaining the confidentiality of My Account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under My Account or password. We
and our affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
Links
We are not
responsible for the content of any sites that may be linked to or from www.iSpa.com
or any bulletin board associated with iSpa.com. These links are provided for
your convenience only and you access them at your own risk. Any other website
accessed from the Site are independent from iSpa.com has no control over the
content of that other website. In addition, a link to any other web site does
not imply that iSpa.com endorses or accepts any responsibility for the content
or use of such other website.
In no event shall
any reference to any third party or third party product or service be construed
as an approval or endorsement by iSpa.com of that third party or of any
product or service provided by a third party.
Disclaimers and
limitations of liability
The Site is
provided on an "AS IS," "as available" basis. Neither iSpa.com,
nor its affiliates, subsidiaries, or designees, nor each of their respective
officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, sponsors, licensors or the like
(collectively, "Associates") warrant that use of the Site will be
uninterrupted or error-free. Neither iSpa.com, nor its Associates warrant the
accuracy, integrity, or completeness of the Content provided on the Site or the
products or services offered for sale on the Site. Further, we make no
representation that Content provided on the Site is applicable or appropriate
for use in locations outside of the United States. iSpa.com specifically
disclaims warranties of any kind, either expressed or implied, including but not
limited to warranties of title or implied warranties of merchantability or
fitness for a particular purpose. No oral advice or written information given by
iSpa.com or its Associates shall create a warranty. You expressly agree that the
use of the Site is at your sole risk.
Termination of
usage
We may terminate
your access or suspend your right to access to all or part of the Site, without
notice, for any conduct that we, in our sole discretion, believe is in violation
of any applicable law or is harmful to the interests of another user,
Associates, or iSpa.com. In addition, we reserve the right to refuse an order
from any customer at our sole discretion.
Usage by
children under 18
We cannot prohibit
minors from visiting the Site. We must rely on parents, guardians and those
responsible for supervising children under 18 to decide which materials are
appropriate for such children to view and/or purchase.
We
require that all purchases be made either (i) by individuals 18 years of age or
older, or (ii) by minors with the permission of their parent or guardian for
such minors to purchase items on the Site and for the collection by us of
certain information in accordance with the terms of our privacy policy. EACH
TIME YOU PURCHASE A PRODUCT OR SERVICE AT iSpa.COM, YOU ARE REPRESENTING TO iSpa.COM
THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE
EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND FOR US
TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS OF OUR
PRIVACY POLICY.
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