Terms of Service

REV23 TERMS OF USE

Last updated March 1, 2017

REV23 Development, Inc. ("REV23"), Painful Pleasures, Inc. and/or its affiliates (“Painful Pleasures”) provide website features and other products and services to you when you visit or shop at www.rev23.com, or related or affiliated websites owned by Painful Pleasures (the “Services”). REV23 provides these Services subject to the following conditions.

By using the Services, you agree to these conditions. Please read them carefully before using the REV23 website. If you do not agree to these conditions, please do not use the website.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use, REV23 grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by REV23. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of REV23. 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 REV23 without express written consent. You may not use any meta tags or any other "hidden text" utilizing REV23' name or trademarks (including REV23) without the express written consent of REV23. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by REV23 terminates if you do not comply with these Conditions of Use, or violate the rights of REV23 or those of any third party. We reserve the right to change any information, features and functions of the REV23 websites without prior notice.

PRIVACY

Please review our Privacy Policy to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use REV23’ website or Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by text on www.painfulpleasures.com, or related or affiliated websites owned by REV23. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that REV23 may send you emails for promotional and/or informational purposes. By accepting these terms and conditions you consent to receiving such emails. You may opt out from receiving promotional and/or informational emails at any time.

COPYRIGHT

All content included in or made available through any Services, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information provided through REV23’s Services may be copied or reproduced in any form, or by any means without prior written permission from REV23. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on www.rev23.com, or related or affiliated websites owned by REV23, or any REV23 publication (including emails) for any public, private or commercial purpose.

COPYRIGHT COMPLAINTS

REV23 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report to our Copyright Agent and be sure to include the following information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TRADEMARKS

REV23, PAINFULPLEASURES.COM, the stylized “P” Logo, and related graphics, logos, page headers, button icons, scripts, and service names are trademarks and trade dress of REV23, Inc. in the United States and other countries. REV23' trademarks and trade dress may not be used in connection with any product or service that is not REV23', or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits REV23. All other trademarks not owned by REV23 that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by REV23.

COMPLIANCE & EXPORT CONTROL

User or visitor access to www.painfulpleasures.com and related or affiliated websites owned by REV23 is governed by all applicable federal, state and local laws. All information available on www.painfulpleasures.com and related or affiliated websites owned by REV23 is subject to U.S. export control laws and may also by subject to the laws of the country where you reside.

YOUR ACCOUNT

You can better manage your shopping experience at REV23 by creating an account at www.painfulpleasures.com. If you choose to create an account, you must be at least twelve (12) years old. By creating an account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should immediately notify REV23 of any unauthorized use of your password or username, or of any other breach or threatened breach of security.

RISK OF LOSS

All items purchased from www.rev23.com, or from REV23's sales/distribution agents, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

PRODUCT DESCRIPTIONS & VARIATIONS

REV23 attempts to be as accurate as possible. However, REV23 does not warrant that product descriptions or other content of any REV23 Services is accurate, complete, reliable, current, or error-free. If a product offered by REV23 itself is not as described, your sole remedy is to return it in unused condition. You understand that there might be some variation in jewelry products sold by REV23, particularly those that are handmade and/or specialty items. Furthermore, you are responsible for ordering body jewelry of the correct size and/or gauge for your particular needs, and your sole remedy for improperly sized items is to return it in unused condition.

PRICING

Except where noted otherwise, the prices displayed for REV23 products on www.rev23.com represent the full suggested retail price listed on the product itself. REV23 cannot confirm the price of an item until you place your order on our website. Despite our best efforts, a small number of the items on our website may be mispriced. If the correct price of an item sold by REV23 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. Your credit card will be charged at the time your order is placed. REV23 is not responsible for pricing of orders placed through third party distributors or resellers, and your only remedy is to contact the third party to resolve any pricing disputes.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Purchasers of REV23’ products agree to hold REV23 harmless for any damages or injuries which may occur from purchaser’s use or resale of these products, and indemnify REV23 for any damages, fees and/or costs which may be associated with any damages or injuries resulting from purchaser’s use or resale of these products, to the extent allowed by applicable law.

THE REV23 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WWW.PAINFULPLEASURES.COM, AND ANY OTHER AFFILIATED WEBSITES OWNED BY REV23, INC. ARE PROVIDED BY REV23 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. REV23 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE REV23 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WWW.PAINFULPLEASURES.COM, AND ANY OTHER AFFILIATED WEBSITES OWNED BY REV23, INC., UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE REV23 SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REV23 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REV23 DOES NOT WARRANT THAT THE REV23 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WWW.PAINFULPLEASURES.COM, OR REV23' SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM REV23, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REV23 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY REV23 SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY REV23 SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any REV23 Services, or to any products sold or distributed by REV23, or through www.painfulpleasures.com, affiliated websites owned by REV23, Inc., shall be submitted to confidential arbitration in Howard County, MD, except that, to the extent you have in any manner violated or threatened to violate REV23’ intellectual property rights, REV23 may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator`s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class or consolidated arbitration proceedings or otherwise. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to REV23, at the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org.

APPLICABLE LAW

By using any REV23 Services, including by visiting www.painfulpleasures.com and affiliated websites owned by REV23, Inc., you agree that the laws of the state of Maryland, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and REV23, Inc. or its affiliates.

MODIFICATION & SEVERABILITY

We reserve the right to make changes to our site, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

RETURNS

REV23 Development, Inc. policy is not to provide a return on hardware (cash drawers, printers, bar code scanners, etc.), except in the case that the hardware was damaged in shipping or is defective upon the initial receipt of the item(s).

If the item(s) was damaged during shipping, the request for hardware return must be made within 3 business days of receipt. The item(s) must be shipped back within 3 days of the request for the return.

If the item(s) was defective, the request for hardware return must be made within 14 days of the purchase date. The item(s) must be shipped back within 3 days of the request for the return.

Upon return of a defective or damaged item in accordance with the policies described above, you will be shipped an exact replacement for the item(s), which will be shipped when the defective item(s) is received.

All original boxes, packaging, inserts, wrappers, and components must be returned. All hardware must be placed INSIDE another box prior to shipping. Original hardware boxes must not be written on.

If you receive a damaged or defective item, please contact REV23 Development, Inc. at support@rev23.com in accordance with the policies described above.

OUR ADDRESS

REV23 Development, Inc.
7410 Coca Cola Dr. Unit #104
Hanover, MD 21076
http://www.rev23.com