Prohibited User Conduct. You warrant and agree that, while using this website and the various services and features offered on or through this website, you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the website’s content, materials, or services, or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website.
You shall not: (i) engage in spidering, "screen scraping", "database scraping", harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website or the services offered on or through the website, including without limitation, any information residing on any server or database connected to the website or the services offered on or through the website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden or impair the website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the website or the website’s services or features in violation of the intellectual property or other proprietary or legal rights of NailsBooks or any third party; or (v) use the website or the website’s services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any mean not intentionally made publicly available or provided for through this website.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of NailsBooks, LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF NailsBooks, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.
This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NailsBooks and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with NailsBooks shall not be deemed to be in the public domain but rather the exclusive property of NailsBooks or a third party, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of NailsBooks, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NailsBooks does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted NailsBooks the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store, or reproduce the material for that end user's personal use. End User hereby grants NailsBooks the right to edit, copy, publish, and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of NailsBooks, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER NailsBooks, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT NailsBooks IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL NailsBooks, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NailsBooks, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NailsBooks IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED OR MAY BE DEEMED UNSUITABLE, CAN AND MAY BE TAKEN DOWN BY NailsBooks. NailsBooks RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, NailsBooks, DEEMS UNSUITABLE. IN THE EVENT OF ANY DISPUTE OR CLAIM REGARDING SUCH POSTED OR UPLOADED CONTENT, END USER DOES HEREBY RELEASE AND FOREVER DISCHARGE NailsBooks, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND ALL OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS FROM AND WAIVE ALL RIGHTS TO ANY AND ALL CLAIMS AGAINST NailsBooks, BOTH KNOWN AND UNKNOWN, AND END USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NailsBooks, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM OR DISPUTE RELATED THERETO.
8. Site Registration
You may need to register with the NailsBooks website, or receive a username and password, in order to use certain Services provided through or on the website. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, regardless of whether undertaken by you or undertaken by someone who has received your username and password. If NailsBooks is unable to verify or authenticate any information you provide during any Activity, you may be prohibited from using the services provided through and on the website.
You can register as a user of the Website and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services and functionalities available on the Site (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the User Agreement. The User Agreement and the Additional Terms govern the relationship between you and NailsBooks concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the User Agreement and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
- Tracked Purchases: NailsBooks may track all of the purchases that you make online while logged into your Account herein called “Tracked Purchases.” You acknowledge and agree that NailsBooks owns all the data and information concerning your Tracked Purchases, but subject to the Additional Terms, NailsBooks may make your Tracked Purchases available to you for viewing through your Account. NailsBooks will continue to own all of the data and information concerning your Tracked Purchases even if your Account is deactivated for any reason.
- Submissions: As a Registered User, you may be able to review your Tracked Purchases. You may also be able to upload to your Account additional information or data. The information or data you upload or enter into your Account is called “Submissions.” NailsBooks reserves the right to supervise the uploading of any Submissions, but NailsBooks is under no legal obligation to do so.
- Communications from NailsBooks: By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including emails from NailsBooks, its affiliates and third party providers.
- Username and Password: As part of the registration process, you may be asked to select a username and password. NailsBooks may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or otherwise facilitate access to or use of the Site through your Account. You agree to accept responsibility for protecting the confidentiality of your username, password, and any other sensitive information necessary to access your account. To prevent unauthorized transactions and/or account access, you agree to notify NailsBooks immediately if you lose your login information or become aware of any unauthorized use of your password, username, or other important information.
- Deactivation of Your Account: NailsBooks reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. NailsBooks may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by NailsBooks, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that NailsBooks has no obligation to make a copy, electronic or otherwise, of your Submissions or Tracked Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
- Termination of Service: NailsBooks reserves the right to terminate your access to and use of your Account and the registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you.
- Upon deactivation of your Account or the Registered Services, or upon your violation of the Additional Terms or the User Agreement, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.
- Making Purchases: If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
NailsBooks shall have the right, but not the obligation, to monitor the content of the Site at all times, including chat rooms and forums, if any, that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by NailsBooks, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, NailsBooks shall have the right to remove any material that NailsBooks, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to NailsBooks a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless NailsBooks, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites or a violation of this User Agreement by End User.
NailsBooks may terminate this Agreement at any time. Without limiting the foregoing, NailsBooks shall have the right to immediately terminate passwords or accounts of End User, if any, in the event of any conduct by End User which NailsBooks, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of all Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
NailsBooks is a trademark of NailsBooks, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on NailsBooks are the property of their respective owners.
15. Third Party Content.
NailsBooks is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, NailsBooks has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of NailsBooks. Neither NailsBooks nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 for the provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with NailsBooks. NailsBooks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on NailsBooks gift certificates by anyone other than authorized NailsBooks employee spokespersons while acting in official capacities. Under no circumstances will NailsBooks be liable for any loss or damage caused by an end user's reliance on information obtained through NailsBooks. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through NailsBooks.
NailsBooks contains links to third-party web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by NailsBooks of the contents on such third-party sites and NailsBooks hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with NailsBooks permitting you to do so, you may not provide a hyperlink to the Site from any other website. NailsBooks reserves the right to revoke its consent to any link at any time in its sole discretion.
Gift Certificates from this Website:
All gift certificates purchased from the NailsBooks website are subject to the following Terms and Conditions:
(a) Gift certificates are not redeemable for cash and are non-refundable. Reproduction of Cards not strictly in accordance with our terms and conditions is prohibited. The total value of the gift certificate must be redeemed at a single participating Nail Shop retailer or Third-Party Provider and any unused value can be converted to credit at the same participating Nail Shop retailer or Third-Party Provider.
(b) Gift certificates can be redeemed by the holder of the gift certificate for up to the face value of the gift certificate for "qualifying services" at local or national "participating third party providers.” You must confirm with the participating third party provider before purchase. The certificate holder must provide the order and certificate numbers when making a reservation with the third party provider. When redeeming a gift certificate, you may be asked to present photo identification and a valid credit card.
(c) Neither NailsBooks nor any third-party provider of any gift certificate is liable for lost or stolen gift certificates. The purchaser of the gift certificate is responsible for all taxes, duties, fees, gratuities and assessments arising out of use of any the gift cards provided through our Website.
This Agreement and any operating rules for NailsBooks established by NailsBooks constitute the entire agreement of the parties with respect to the subject matter hereof.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
NailsBooks’ headquarters is in Charlotte, NC. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of North Carolina (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be settled by arbitration in Charlotte, NC by a single arbitrator under the commercial arbitration rules the American Arbitration Association. Any award rendered pursuant to such arbitration shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.