Terms & Conditions
You are on the NailArtSociety.com website (the Site). By accessing, browsing or
using this Site, you acknowledge that you have read, understand and agree to
be bound by these Terms of Use (the Terms). If you do not agree to the Terms,
you should not use or access this Site. Nail Art Society reserves the right to revise
these Terms at any time by updating this posting. You are encouraged to review
the Terms each time you use the Site because your use of the Site after the
posting of changes will constitute your acceptance of the changes. We grant you
a personal, limited, non-transferable non-exclusive, license to access and use
the Site. We reserve the right, in our sole discretion and without notice to you,
revise the products and services available on the Site and to change, suspend or
discontinue any aspect of the Site and we will not be liable to you or to any third
party for doing so. We may also impose rules for and limits on use of the Site
or restrict your access to part, or all, of the Site without notice or penalty. Your
continued use of the Site will constitute your acceptance of any such changes.
1. USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in
compliance with the Terms. You are responsible for your own communications,
including the transmission, uploading or posting of information and are
responsible for the consequences of such communications to the Site. We
require all Members to agree not to use the Site, and specifically prohibit any use
of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any
intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense or give rise to civil
liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Nail Art Society’s network
security, or attempting to use the Site’s service to gain unauthorized
access to any other computer system
You are responsible for maintaining the confidentiality of your account and
password. You agree to accept responsibility for all activities that occur under
your account or password. You agree to immediately notify us in the event of any
unauthorized use of your account or other breach of security.
2. ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products,
orders or your use of certain portions of the Site, including with respect to
ordering, shipping and return policies and membership reward programs
(“Additional Terms”), which Additional Terms are made part of these Terms by
reference. If there is a conflict between these Terms and the Additional Terms,
the Additional Terms shall control.
3. MEMBERSHIP
The Site is available to registered users who are 18 years and older and
who have not been suspended or removed by Nail Art Society for any reason
(a “Member”). We reserve the right to revoke your membership for any reason at
any time including as a result of a violation of these Terms of the Privacy Policy,
without notice. Membership is void where prohibited by law.
4. PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be
submitted by Members), materials, software and other components (including
our graphics, logos, videos, button icons, music and page headers) available
on the Site are the property of Nail Art Society or our licensors and are protected
by copyrights, trademarks, service marks, or other proprietary rights and laws.
You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative works
from any content or materials on the Site.
5. PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content which may be submitted by Members from time to time,
we strive to ensure that the information on the Site is complete and reliable.
Certain information may contain pricing errors, typographical errors and other
errors or inaccuracies which we may correct without liability. We also reserve
the right to limit quantities purchased by Members and to revise, suspend, or
terminate an event or promotion at any time without notice (including after an
order has been submitted and/or acknowledged). We do not guarantee that all
products described on our Site will be available.
6. DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Site. THE
SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION
ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY
OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, NAIL ART SOCIETY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS
SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS
CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Nail Art Society makes no warranties of any
kind regarding any non-Nail Art Society sites to which you may be directed or
hyperlinked from this Site. Hyperlinks are included solely for your convenience,
and Nail Art Society makes no representations or warranties with regard to the
accuracy, availability, suitability or safety of information provided in such non-
Nail Art Society sites. Nail Art Society does not endorse, warrant or guarantee any
products or services offered or provided by or on behalf of third parties on the
Site.
7. SUBMITTED CONTENT
Nail Art Society does not claim ownership of any materials you make available
through the Site. With respect to any materials you submit or make available
for inclusion on the Site, you grant Nail Art Society a perpetual, irrevocable, non-
terminable, worldwide, royalty-free and non-exclusive license to use, copy,
distribute, publicly display, modify, create derivative works, and sublicense such
materials or any part of such materials. You hereby represent, warrant and
covenant that any materials you provide do not include anything (including, but
not limited to, text, images, music or video) to which you do not have the full
right to grant Nail Art Society the license specified above. You further represent,
warrant and covenant that any materials you provide will not contain libelous or
otherwise unlawful, abusive or obscene material. Nail Art Society will be entitled to
use any content submitted by you without incurring obligations of confidentiality,
attribution or compensation to you.
8. INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Nail Art Society, its parent,
subsidiaries, divisions, and affiliates, and their respective officers, directors,
employees, agents and affiliates from any and all claims, liabilities, damages,
costs and expenses of defense, including attorneys’ fees, in any way arising from
or related to your use of the Site, your violation of these Terms or the Privacy
Policy, content posted to the Site by you, or your violation of any law or the rights
of a third party.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL NAIL ART SOCIETY, ITS AFFLIATES OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD
PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY
USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING
OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED
UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Nail Art Society
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL
THE TOTAL LIABILITY OF NAIL ART SOCIETY, ITS AFFILIATES OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD
PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR
USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU
PAID TO NAIL ART SOCIETY IN CONNECTION WITH THE EVENT GIVING RISE
TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph
shall apply to all content, merchandise and services available through the
Site. Because some states do not allow limitations on implied warranties or
the exclusion or limitation of certain damages, all of the above disclaimers or
exclusions may not apply to all users.
10. INTERNATIONAL USE
We control and operate the Site from the United States. We make no
representation that materials on the Site are appropriate or available for use
outside the United States. If you choose to access this Site from outside
the United States, you do so at your own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
11. RISK OF LOSS OR THEFT
Any merchandise purchased from the Site will be shipped by a third party carrier.
As a result, title and risk of loss for such merchandise will pass to you upon our
delivery to the carrier.
12. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN
PROCEDURES
Nail Art Society specifically prohibits the posting of any content that violates or
infringes the copyright rights and/or other intellectual property rights (including
rights of privacy and publicity) of any person or entity. If you believe that any
material contained on this Site infringes your copyright or other intellectual
property rights, you should notify us of your copyright infringement claim in
accordance with the following procedure. Nail Art Society will process notices of
alleged infringement which it receives and will take appropriate action as required
by the Digital Millennium Copyright Act (DMCA). To be effective, the notification
must be in writing and contain the following information (DMCA, 17 U.S.C.
§512(c)(3)):
• 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; and
• 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.
To contact us with any questions or concerns in connection with these Terms
or the Site, or to provide any notice under these Terms, please contact us at:
info@nailartsociety.com