Legal
Terms of Use for Face Parlour Websites and Privacy Policy
Face Parlour, Inc. (“Face Parlour”) owns and/or operates websites, including www.shopthe skinny.com, www.faceparlour.com, and others (collectively, the “Websites”). By accessing or using any of the Websites, you agree to these Terms of Use (“Agreement”). If you do not agree to the terms of this Agreement, you may not use the Websites. Accessing the Websites and/or purchasing any product or service from the Websites constitutes your agreement to be bound by the Agreement as outlined and modified from time to time. Face Parlour reserves the right to amend this Agreement at any time. All amendments will automatically go into effect on the day after their initial posting on any Website. Use of any Website subsequent to such posting shall constitute your agreement to all such amendments. This Agreement may not otherwise be amended or altered except in a writing signed by both you and an authorized representative of Face Parlour. Because this Agreement and its amendments are binding, you should periodically visit this page to review amendments.
Access and Use
In general
All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content (“Materials”) are owned by Face Parlour or its licensors or other affiliates, and are protected by United States and international copyrights, trademarks, service marks, and other proprietary rights, laws and treaties. When you view, use, or download these Materials, they are provided to you by Face Parlour under a license that is revocable. As between you and Face Parlour, Face Parlour retains full and complete title to all of the intellectual property rights in and to the Materials. You may not redistribute or sell any of the Materials, nor may you reverse engineer, disassemble or otherwise convert such materials to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. Face Parlour and its licensors reserve any rights not expressly granted under this Agreement.
You hereby grant to Face Parlour a nonexclusive license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas, or other information that you communicate to Face Parlour through any Website (“User Generated Content”). Face Parlour and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the User Generated Content you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User Generated Content.
Access and Use of Websites
Minors are not allowed to conduct transactions over the Websites, including purchasing products or services offered for sale on the Websites (“Products”) or submitting requests for information. If you are a minor, please do not attempt to use the Websites for any purpose. In addition, if your ability to use the Websites has been suspended, you may not use the services, purchase Products, or conduct transactions offered on the Websites. If your permission to access the Websites has been suspended, and you continue to be able to access any Website despite such suspension, then any such access shall be considered a material violation of this Agreement and applicable law. Unauthorized access to or use of any Website is strictly prohibited and may constitute a violation of federal and/or state law and may be prosecuted criminally or otherwise.
To gain access to the non-public areas of the Websites, and to purchase products or services or conduct other transactions (including submitting User Generated Content) to the Websites, you must register for an account (“Account”) and obtain a user name (“User Name”). Once Face Parlour has accepted your request for an Account and issued you a User Name, you may, to the extent allowed on the Websites, set up a member profile (“Profile”). User Names and Profiles may not contain inappropriate or obscene words, phrases, or combinations of graphics and/or characters, or any other content that would reasonably be construed as offensive, obscene, hateful, racist, inappropriate, or objectionable. Face Parlour is the sole judge and arbiter of whether a User Name or information contained within a Profile is inappropriate or objectionable . “Inappropriate” and “objectionable” language includes, but is not limited to obscene, defamatory, racial or profane words, phrases, or combinations of characters. Your User Name and Profile may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any entity, including the United States government, with which you are not in fact affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable), and information including address and phone number where you can be reached, if requested by Face Parlour. Failure to provide this information or providing false information will result in termination of your Account and right to access the Websites.
You must use a password in conjunction with your User Name to access the non-public areas of the Websites, including your Account. You may select the password yourself. DO NOT, UNDER ANY CIRCUMSTANCES, REVEAL YOUR PASSWORD TO ANYONE. You must provide accurate identification to retrieve a password you have forgotten. Face Parlour will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password, including pecuniary obligations incurred by a third party on your behalf.
Face Parlour may revoke your rights to access the non-public areas of the Websites, including your Account, at any time for any reason, including a violation of any other agreement between you and Face Parlour, such as an agreement to compensate Face Parlour or its affiliates for purchases. Face Parlour will not be responsible to you or any other party for any loss, damage, claim, or liability that may arise out of such termination.
You will be responsible for ensuring that suitable space, computer equipment, electric power, network connection, phone service, software (including virus detection and anti-spyware software) and appropriate environmental conditions exist to enable the Websites to operate effectively. You will also be responsible for installing and maintaining any software required to access the functionality of the Websites (including word processing and spreadsheet software, portable document format viewers, printer drivers, and graphic imaging software).
Purchases and Other Transactions
Various Products are offered for sale on the Websites. You acknowledge that these Products are offered not by Face Parlour, but by third-party vendors (“Vendors”) under agreements with Face Parlour. The information and Materials related to Products and Vendors is provided by Vendors, and is not provided by Face Parlour. Face Parlour is not responsible for the Materials (including (without limitation) their quality, contents, or value, provided by Vendors or related to Products, and makes no warranties with respect to those Materials, Products, or Vendors.
When you purchase Products, you are purchasing Products directly from Vendors, not from Face Parlour. Face Parlour is not responsible for any matter related to your purchase of Products from Vendors, including without limitation verifying the accuracy of payment terms, ensuring appropriate sales tax calculations, timing or method of shipping, or any other matter related to your purchase. You agree to look only to Vendors, and not to Face Parlour, for any questions, concerns, or disputes related to your purchase of Products. The foregoing sentence applies to any dispute you may have with Vendors related to payments, returns or exchanges. You acknowledge and agree that by initiating any transaction through the Websites, you are agreeing that the Vendor whose Product is the subject of the transaction may receive information related to your Account, including your name, address, other contact information, credit card number, and order history.
Some transactions may allow you to purchase Products for current shipment as well as for future shipping at predetermined intervals (“AutoShip Transactions”). If you enter into an AutoShip Transaction, you agree to pay the Vendor for Products shipped pursuant to the AutoShip Transaction as agreed. If you wish to cancel future shipments under an AutoShip Transaction, you must provide written notice of your intent to terminate the AutoShip Transaction no later than thirty (30) days prior to the next scheduled shipment under that AutoShip Transaction. You will not be charged additional fees or otherwise penalized for canceling an AutoShip Transaction, although you will be responsible for payment for Products shipped pursuant to an AutoShip Transaction during the thirty-day period after the time you provide written notice of termination of the AutoShip Transaction.
From time to time, you may wish to refer others to the Websites (“Referral Customer”). If a Referral Customer purchases a Product from the Website, and names you as a referral source in the order process for that purchase, then you will receive a “Member Credit” of 10% or 20%, before tax and after discounts, for every ten (10) or fifteen (15) Referral Customers, respectively, whose valid email addresses you provide. These Member Credits will be noted in your Account, and automatically applied to your first purchase of Products from the Websites, unless a Product is expressly excluded from purchase with Member Credits. If you elect to redeem Member Credits to purchase a Product from the Website, your Account will be debited for the amount of Member Credits applied to that purchase.
Unless otherwise noted with respect to a particular Product, all sales are final, and you will not be entitled to a refund or exchange with respect to any Product, including credits for Member Credits used to purchase Products.
Return Policy
Returnable items are refunded at the original purchase price, plus applicable sales tax, in the form of a credit (a "Merchandise Credit"), and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit. Merchandise Credits may only be redeemed only for purchase of Merchandise on the Site and may not be used for the purchase of gift cards or services. Merchandise Credits are not transferable and may not be combined with Merchandise Credits belonging to others. At no time may you purchase, barter or sell any Merchandise Credits. The obligations represented by outstanding Merchandise Credits may at any time be assigned to or assumed by any affiliate of, or successor to, the present or any future owner of The Skinny Website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
Merchandise noted as "Final Sale" is not eligible for return or refund. Final Sale merchandise will be noted as such in the shopping cart.
Intellectual Property
Other than as expressly allowed herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, User Generated Content (other than User Generated Content supplied by you), or Materials obtained from the Websites. Provided that you do not modify or delete any copyright, trademark or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the Material and User Generated Content contained on the Websites for i) your own noncommercial use or ii) commercial use solely in connection with conducting business transactions with Face Parlour. Any other use of Materials or User Generated Content (other than User Generated Content supplied by you) on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Websites, without the prior written permission of Face Parlour, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material and User Generated Content residing on the Websites remain with Face Parlour, its licensors, affiliates and third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.
The trademarks, logos, and service marks displayed on the Websites, including but not limited to the mark “Face Parlour” and the trademarks and service marks of vendors whose products and services are offered for sale on the Websites (collectively, “Marks”), are marks or registered marks of Face Parlour and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of Face Parlour or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that Face Parlour will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Many of the systems in place in the non-public areas of the Websites contain unique processes that are subject to federal and state intellectual property and trade secret laws. Please be advised that copying or adapting this system may render you liable for infringement of Face Parlour’s or Face Parlour’s third party developers’ intellectual property rights. Moreover, the Websites may contain confidential information. Accordingly, you agree not to disclose (regardless of means, manner, or media) or use (except in the course of the normal use of the Website) the operational or functional aspects of the non-public areas of the Websites or any of the processes used or disclosed therein. In addition, you agree not to use any information learned on the Websites to compete, in any way, with Face Parlour or the Websites.
Names and images of people or places displayed on the Website are either the property of, or used with permission by Face Parlour. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement, under express permission provided elsewhere on the Websites, or by written permission from Face Parlour. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to defend, indemnify and hold harmless Face Parlour from any liability that it may incur as a result of your posting of User Generated Content, including liability arising under any United States or foreign intellectual property law, tort claims, contractual claims, and claims by Face Parlour against you for any damages Face Parlour directly incurs as a result of such User Postings.
Although Face Parlour may from time to time monitor or review any User Generated Content, transmissions, or the like that may occur on the Websites, Face Parlour is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such transactions on the Websites. Face Parlour does, however, reserve the right to remove any such information or User Generated Content if a user or other party brings to Face Parlour’s attention the possibility that such information may result in liability, infringement or offense to any other party. In addition, Face Parlour reserves the right to suspend or terminate any account, including your Account, if Face Parlour learns that the person responsible for the account has engaged in more than one act of infringement in connection with the account or the Websites.
DISCLAIMER OF WARRANTIES AND LIABILITY
FACE PARLOUR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF FACE PARLOUR OR ITS VENDORS, AFFILIATES OR LICENSORS. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FACE PARLOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FACE PARLOUR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACE PARLOUR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT FACE PARLOUR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FACE PARLOUR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FACE PARLOUR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Face Parlour, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement or any activity related to your Account or your use of any Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Websites using your internet account or your Account.
Links to Other Sites
The Websites may provide access to other websites. Face Parlour does not control these sites, and you access them solely at your own risk. Face Parlour also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the Face Parlour Websites or have moved to another website.
Jurisdiction
Face Parlour controls and operates the Websites from the company's headquarters in Texas, in the United States of America. Face Parlour in no way warrants or implies that the Websites are appropriate for use or access outside of the United States. If you use the Websites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials, products or services on the Websites in violation of U.S. export laws and regulations. Any claim relating to the Websites, the Materials, User Generated Content, your Account, transactions arising out of the Websites, or your use of the Websites shall be governed by the internal substantive laws of the State of Texas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to any of the foregoing shall be exclusive in the state or federal courts located in Travis County, Texas, including the United States District Court for the Western District of Texas.
Modification of the Websites and these Terms of Use
By providing Materials on the Websites, Face Parlour does not promise that the Materials will remain available to you. Face Parlour is entitled to terminate all or any portion of the Websites at any time, without notice to you. Face Parlour also reserves the right to change the terms, conditions, and notices under which the Websites are offered, and your use of the Websites following any such changes shall be deemed to constitute your consent to this Agreement and its modifications. You agree to regularly review this Agreement to verify whether it has been changed.
Information Use
Any communication or material you transmit to any Website by electronic mail or otherwise, including any User Generated Content, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Face Parlour or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Face Parlour is free to use any ideas, concepts, know-how or techniques contained in any communication you send to any Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Face Parlour makes commercially reasonable efforts to safeguard individual Website users’ personal information. Nevertheless, Face Parlour cannot ensure that these measures will provide perfect security. Face Parlour will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your information.
You will not use any Website or any services provided on the Websites in any manner, or in connection with any content, data, hardware, software of other materials provided by or on behalf of You or any person accessing a Website under your authority that (1) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
In using a Website to conduct transactions, you may acquire access to others’ personal information, such as names and addresses. Your use of the Websites constitutes your agreement to respect others’ privacy with respect to personal information. You may not, under any circumstances, release others’ personal information to third parties, including to your employees who have no need for the information, without the written consent of both Face Parlour and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Websites to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify Face Parlour of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of a Website under your Account.
You may not use any device, software, or process to interfere or attempt to interfere with any function of any Website. You may not deliberately, willfully, or negligently take any action that overloads, places an unreasonable burden on, or otherwise diminishes (in any significant way) the functionality or responsiveness of any Website or its infrastructure. Face Parlour will be the sole arbiter of what is an “unreasonable” burden or a “significant” diminution of a Website’s functionality and/or responsiveness. Any attempt to alter information posted on a Website or to interfere with the functions of any Website will result in immediate termination of your right to access the Websites and may also render you liable for civil and/or criminal penalties.
Face Parlour does not sell, rent or lease its customer lists to third parties. Face Parlour may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. The Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Face Parlour or the Websites; (b) protect and defend the rights or property of Face Parlour; or (c) act under exigent circumstances to protect the personal safety of users of the Websites, or the public.
Information Gathered
Except as noted above, Face Parlour does not share any of the personal information you provide to us with any third party other than i) service providers of ours who assist us in providing the information and/or services Face Parlour is providing to you; and ii) Vendors. To the extent that Face Parlour does share your personal information with a service provider or Vendor, it will endeavor to ensure that party has agreed to comply with the privacy standards as described in these Terms of Use. The information gathered from users through inquiry forms on the Websites is used to provide quality services to consumers. Face Parlour will make reasonable efforts to protect users and partners from privacy violations.
Log Files
Face Parlour periodically collects log files, including IP addresses, from its servers. These files give a general picture of who is visiting the Websites and which pages are being viewed most often. This information is collected to assist us in the maintenance and administration of the Websites. Log files are collected mainly for research purposes to see what pages are of most interest and use to current and potential clients as well as to gather demographic, geographic and psychographic trends. Face Parlour reserves the right to make changes to this policy's description of log files use at anytime.
Cookies
Face Parlour uses “cookie” technology that allows its servers to deposit codes on a visitor's computer. This information helps determine the number of visitors to a Website on an ongoing basis and the types of Internet browsers (e.g., Firefox or Internet Explorer) and operating systems (e.g., Windows or Mac) used by the Websites’ visitors. This information is used to enhance your online visits.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Face Parlour regarding all aspects of your use of the Websites, including without limitation the Materials, purchase of products and services from the Websites, and User Generated Content.