Terms & Conditions
Last Updated: September 29, 2016
We would like to welcome you to this website (the “site” or “website” or “parispresents.com”) operated by Paris Presents Incorporated (“Paris Presents” or “we” or “us”), including to our related e-commerce sites at bodybenefitsbath.com, ecotools.com, or realtechniques.com (collectively all sites are referred to as the “Sites”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF THE SITES. By using any of the Sites, you fully and unconditionally accept and agree to these Terms and Conditions of Use (“Terms”). If you do not agree to them, please do not use the Sites.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and Paris Presents (or any of our affiliated companies) have against each other are resolved (see “ARBITRATION” Section), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
If you make any purchases via any of the Sites, terms of purchase, shipping and/or return may apply. Examples include the Return Policy on realtechniques.com, as well as the Shipping & Returns Policy on realtechniques.com. Others may also apply. Be sure to check for such terms on the applicable Site(s) you use. Please note that your credit card statement will show payment to Beauty Connections, Ltd., a subsidiary of Paris Presents, in connection with purchases you make on our website.
These Sites are not intended for children under age 13. Due to the nature of the internet, we cannot prohibit minors from visiting our site. However, all users who register or seek to create an account with any of our Sites must be 13 years of age or older.
USERS AND ACCOUNTS
To use certain features on the Sites, such as ecommerce purchases, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify us if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Sites. We do not guarantee that the Sites or any services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Sites will survive such termination.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content where you are located. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Sites and the materials and products on them are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Paris Presents disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Paris Presents does not represent or warrant that the functions contained in the Sites will be uninterrupted or error-free, that the defects will be corrected, or that the Sites or the servers that makes them available are free of viruses or other harmful components. Paris Presents does not make any warranty or representations regarding the use of the materials in the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
To the extent allowed by applicable law, Paris Presents shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Sites or the performance of any products offered via the Sites, even if Paris Presents has been advised of the possibility of such damages. Applicable law may not allow the limitation of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NEW JERSEY: (A) LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY; AND (B) NOTHING HEREIN EXCLUDES ANY CLAIM FOR ATTORNEYS’ FEES, COURT COSTS OR OTHER DAMAGES IF MANDATED BY STATUTE.
SUSPENSION, WITHDRAWAL OR CHANGES TO CONTENT OF SITES
You acknowledge that Paris Presents may update the content on the Sites from time to time and that Paris Presents is under no duty to notify you of such updates (including but not limited to link updates) nor does Paris Presents have any obligations or liability to you with respect to such updates. Paris Presents may at any time terminate in whole or in part any or all of the Sites without notice or liability.
CHANGES/UPDATES TO TERMS
We will notify you of changes to these Terms by posting the amended terms on the affected Site(s) at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of any material changes to these Terms that affect your rights by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the affected Site(s), and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us by CLICK HERE you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. Our employees do not have the right to modify these Terms orally or otherwise. If any employee of ours offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for us or speaking on our behalf.
General Reservation of Intellectual Property Rights.
All trademarks, service marks, trade dress, copyrights and trade names of parispresents.com are trademarks, copyrights, trade dress, or registered trademarks (“Intellectual Property”) of Paris Presents in the United States and other countries. Except as otherwise permitted by these Terms and Conditions of Use, they may not be used without the express written permission from Paris Presents. All other trademarks that appear on the site are the property of their respective owners, who may or may not be affiliated with or sponsored or endorsed by Paris Presents.
Nothing contained on parispresents.com should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property Rights without the express written permission of Paris Presents. You agree not to copy, use or otherwise infringe upon Paris Presents’ Intellectual Property Rights (including but not limited to its trademarks or service marks contained in parispresents.com). You further agree that you will not alter or remove any trademark, service mark, copyright or other notice from any copies of the information or other content downloaded from the Sites without the prior written consent of Paris Presents. You may not co-brand or use any Paris Presents’ trademarks, service marks or logos in connection with parispresents.com or any third-party sites. You shall not modify or change the contents either set forth in parispresents.com, its e-commerce sites, nor otherwise create derivative works.
Your Limited Usage Rights.
Without limiting the foregoing, the entire content included in the Sites, including but not limited to text, graphics, or code, is copyrighted under the United States and other copyright laws, and is the property of Paris Presents. All rights reserved. Permission is granted to electronically copy and print hard copy portions of our e-commerce sites for the sole purpose of placing an order with ecotools.com or realtechniques.com, for your personal, non-commercial use only. YOU MAY NOT COPY, DISPLAY, DOWNLOAD OR PRINT PORTIONS OF THE MATERIAL FROM THE DIFFERENT AREAS OF THE SITES FOR COMMERICAL USE. ANY OTHER USE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION, DISTRIBUTION, DISPLAY OR TRANSMISSION OF THE CONTENT OF THIS SITE IS STRICTLY PROHIBITED, UNLESS AUTHORIZED BY PARIS PRESENTS. When printing an electronic copy or print copy for ordering purposes, you agree not to change or delete any proprietary notices from materials downloaded from the Sites. The Sites may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.
Digital Millennium Copyright Act (“DMCA”) Policy
We will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to: CLICK HERE. Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Illinois, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
SOCIAL MEDIA ACCESS
ACCEPTABLE USE OF SITES
You agree not to use any of the Sites to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates copyright, trademark or other any intellectual property or other proprietary right of any third party, including content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other registered account users;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
REJECTION OF CONTENT
parispresents.com does not review all communications and materials posted to or created by users accessing the Sites, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Sites, parispresents.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such third-party content or activities on the site. However, parispresents.com reserves the right (but not the obligation) to block or remove communications or materials that it determines to be in violation of these Terms, in Use of Site, or is determined to be unacceptable to parispresents.com in its sole discretion.
You understand that our Sites, and software embodied within our Sites, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Paris Presents and/or content providers who provide content to Paris Presents. You may not attempt to override or circumvent any such security components and usage rules embedded into our website.
To the extent allowed by applicable law, you agree to indemnify, defend, and hold harmless Paris Presents, its parent, officers, directors, employees, agents, licensors, suppliers, affiliates and subsidiaries (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms.
LINKS TO WEB SITES
LEGAL DISPUTES AND ARBITRATION AGREEMENT
Initial Dispute Resolution. We are available by email click here to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Terms of Service and Binding Arbitration Agreement. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including the formation, performance and breach of the agreement formed hereby), the parties’ relationship with each other and/or your use of the Sites, shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its rules for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms may be void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of any such fees should be submitted to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: Legal Department, Paris Presents, 3800 Swanson Court, Gurnee, IL 60031, or by fax to 1-847-263-5191 – attn: Legal. The notice must be sent within thirty (30) days of registering to use any of the Sites, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Paris Presents also will not be bound by them.
Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Lake County, Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Lake County, Illinois for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Lake County, Illinois for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Illinois over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Sites, and (b) any acts or omissions of us or any of our related companies in connection with these Terms or the Sites.
Governing Law. Your use of the Sites shall be governed in all respects by the laws of the State of Illinois, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. To the extent allowed by applicable law, any cause of action or claim you may have with respect to the Sites (including but not limited to any purchases on our e-commerce sites) must be commenced within one (1) year after the claim or cause of action arises.
We do not seek or accept unsolicited ideas. By submitting any material to us through any of the Sites, you expressly grant to us and our affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of ours and of our affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Sites is Paris Presents Incorporated,3800 Swanson Court, Gurnee, IL 60031. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact us via email (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
These Terms, including any additional terms and conditions incorporated in these Terms by reference, are the entire agreement between you and Paris Presents regarding use of the Sites. Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected. These Terms are between you and Paris presents and its affiliated companies; there are no third party beneficiaries.
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. We do not guarantee we will take action against all breaches of these Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Paris Presents may assign its rights and duties under these terms and conditions to any party at any time without notice to you.