NailsPolished, Inc. ("NailsPolished ") operates its websites and mobile sites, located at www.NailsPolished.com. For information on advertising or promoting your Nail Salon through NailsPolished, visit NailsPolished Sign-up Form for Nail Salons Application.
You agree that your use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:
to comply with US law and local laws or rules regarding online conduct and acceptable material;
not to use the Sites or their services or submit content to the Sites if you are under the age of 13;
not to access the Sites or services using a third-party's account/registration without the express consent of the account holder;
not to use the Sites for illegal purposes;
not to commit any acts of infringement on the Sites or with respect to content on the Sites;
not to use the Sites to engage in commercial activities apart from sanctioned use of NailsPolished services;
not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online;
not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites;
not to attempt to gain unauthorized access to other computer systems from or through the Sites;
not to interfere with another person's use and enjoyment of the Sites or another entity's use and enjoyment of the Sites;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).
You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that NailsPolished will be entitled to temporary and permanent injunctive relief to prohibit such use.
Nature of User Material. Some of the services offered by NailsPolished on the Sites allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, Nail Salon reviews and blog entries, to the Sites (collectively, "Submissions"). You agree not to create any Submission that:
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
unfairly interferes with any third party's uninterrupted use and enjoyment of the Sites;
advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, including, but not limited to, negative reviews posted by competing restaurants or allegations of health code violations;
is intended primarily to promote a cause or movement, whether political, religious or other;
contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
harms or is inappropriate for minors to view;
links to any commercial or other website; and/or
Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
you are the author of the Submission, or
the Submission is not protected by copyright law, or
you have express permission from the copyright owner to use the Submission in connection with the Sites; and
for Nail Salon review Submission(s), you have had first-hand experience with the subject Nail Salon; and
Submissions are not endorsed by NailsPolished, and do not represent the views of NailsPolished or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that NailsPolished does not control all Submissions, and disclaims any responsibility for such Submissions. NailsPolished specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, NailsPolished does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner Salons. Price, description, menu content, product/service availability, parking accessibility and Nail Salon information are subject to change without notice. NailsPolished assumes no responsibility or liability for any errors or omissions in the content of the Sites. While NailsPolished does not charge you for using its services and does not add any additional charges (other than sales taxes and gratuity) to the menu items it receives from its participating Salons, NailsPolished offers some Salons menus via other services.
NailsPolished reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that NailsPolished believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. You may contact NailsPolished at help@NailsPolished.com or NailsPolished at NailsPolished, Inc., 8330 LBJ Freeway #740, Dallas TX 75243 to request removal of a Submission. However, NailsPolished disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. NailsPolished also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send NailsPolished a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NailsPolished to locate the Submission(s) Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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 you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites should be sent to NailsPolished, Inc., 8330 LBJ Freeway #740, Dallas TX 75243. NailsPolished suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
NailsPolished reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY NAILSPOLISHED, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, NAILS / SALON ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAILSPOLISHED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN NO EVENT SHALL NAILSPOLISHED BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF NAILSPOLISHED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. NAILSPOLISHED AT NO EVENT SHALL BE LIABLE FOR SERVICE PROVIDER’S / SALON’S SERVICE, QUALITY OF SERVICE, CONDITIONS, EMPLOYEES, OWNERS, HEALTH CODE, HEALTH CONDUCT, HEALTH CLAIMS, ILLNESS, INFECTION, DISEASE, INJURY, DISCOLORED, TAMPERED, UNHAPPY, DISGUISTED, CUTS, SCRAPES, FALLS, ANY INJURY ASSOCIATED WITH SERVICE PROVIDER’S OR SALONS. NAILSPOLISHED ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. NAILSPOLISHED ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL NAILSPOLED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO NAILSPOLISHED OR A SALON AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
Use of Sites services requires that you register and/or create an account ("Account") or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NailsPolished has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NailsPolished has the right to refuse any and all current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify NailsPolished of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. NailsPolished will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with NailsPolished while others are not. NailsPolished is not responsible for the contents of any website pages created and maintained by organizations independent of NailsPolished. Visiting any such third-party website pages is at your own risk. NailsPolished has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by NailsPolished. By using the Sites you acknowledge that NailsPolished is responsible neither for the availability of, nor the content located on or through any third-party website pages.
NalisPolished, NailsPolished.com. Such trademarks and other marks, logos, and names of NailsPolished or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under NailsPolished's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NailsPolished. All other trademarks not owned by NailsPolished (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NailsPolished or its affiliates.
Contact NailsPolished. For purposes of providing notice of cancellation or termination, contact us at help@NailsPolished.com or NailsPolished at NailsPolished, Inc., 8330 LBJ Freeway #740, Dallas TX 75243