Terms & Services
Last Revised: February 23rd, 2014
Use of Nailpolis
You may use our Products only if you can form a binding contract with Nailpolis, and only in compliance with these Terms and all applicable laws. When you create your Nailpolis account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your viewers and audience into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own.
Service Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. Nailpolis retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Nailpolis may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Nailpolis may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Nailpolis may also suspend Accounts (as defined below) at any time, in its sole discretion.
Limitation on Automated Use
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Nailpolis and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Nailpolis (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Nailpolis, or unless permitted by Nailpolis’s robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Nailpolis’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Registration, Nailpolis URLs and security
As a condition to using certain of the Services, you may be required to create an account and select a password and Nailpolis username, which will serve as a default URL of the form nailpolis.com/artists/[username] (a "Nailpolis URL"). You should provide Nailpolis with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account. You agree that you shall not select or use as a Nailpolis URL a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Nailpolis reserves the right to refuse registration of, cancel, or modify a Nailpolis URL in its sole discretion. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Nailpolis immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Use of Trademark
Any use of Nailpolis trademarks, branding, logos and other such assets in connection with the Services shall be in accordance with the Nailpolis Trademark Guidelines.
Nailpolis may revise these Terms from time to time. If a revision is material, in Nailpolis' sole discretion, Nailpolis will notify you by making the revised versions available on this webpage. Nailpolis will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Nailpolis may also notify you of revisions through electronic communication. Thereby, Nailpolis reserves the right to send electronic communication to you, notifying you of revisions to these Terms at Nailpolis' sole discretion. Any such modification will be effective upon our posting of new Terms of Service. You agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
This Agreement as modified from time to time, constitutes the entire agreement between you and Nailpolis with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Nailpolis’s prior written consent. Nailpolis may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Nailpolis in any respect whatsoever. Any notice to Nailpolis that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Nailpolis, Inc.
Special Provisions for Subscribers Located Outside of the United States
Nailpolis provides global products and services and enables a global community. Nailpolis’s operations are, however, located in the United States, and Nailpolis’s policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
What information we collect and how we use it:User Content
Nailpolis allows you to post content, including photos and other materials; anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Nailpolis. By default, all sharing through the Service is public and when you provide us with content, it is published so that anyone can view it. Content published and shared publicly is accessible to everyone, including search engines, and you may lose any privacy rights you might have regarding that content. In addition, information shared publicly may be copied and shared throughout the Internet. While you are free to remove published pieces of content from or request a termination of your Account, because of the nature of Internet sharing, the strong possibility of saving/publishing of your content by others, and technological limitations inherent to the Services, copies of that content may exist elsewhere and be retained indefinitely, including in our systems.
How Nailpolis can use your content
We may use Your Content in a number of different ways, which include displaying it publicly, resizing and cropping it for thumbnails, promoting it on Nailpolis and Nailpolis' "Other Media" platforms, allowing members of the Nailpolis service to interact with your content through means such as but not limited to commenting and favoriting. As such, you grant Nailpolis a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Nailpolis and Nailpolis' "Other Media" platforms solely for the purposes of operating, developing, providing, and using the Nailpolis Products. "Other Media" platforms include social media platforms on which Nailpolis promotes the Nailpolis Products and your User Content upon. Nothing in these Terms shall restrict other legal rights Nailpolis may have to User Content, for example under other licenses. Although you are solely responsible for the content you upload, we reserve the right to monitor User Content. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms and Conditions or that we believe to be obscene, libelous, defamatory, threatening, harassing, abusive, or hateful. We may reject or delete the User Content and suspend or terminate your membership in our sole discretion.
How we use your account information
Email communication with us
As part of the Services, you may occasionally receive email and other communications from us, such as administrative communications relating to your Account (e.g., for purposes of Account recovery or password reset). These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving. You can opt-out of most communications from Nailpolis, such as newsletters, via an unsuscribe link contained in all emails. Note that we will never email you to ask for your password or other Account information; if you receive such an email please forward it to us at firstname.lastname@example.org.
How long we keep your content
Following termination or deactivation of your account, your User Content is automatically removed from Nailpolis Products. You acknowledge that caching or references to your User Content may not be made immediately unavailable. Due to the fact that Nailpolis Products are not programatically connected to Nailpolis' "Other Media" platforms, Nailpolis may retain your User Content previously used on Nailpolis' "Other Media" platforms indefinitely.
Information related to the use of the services
We collect information about how people use the Services, including those with an Account. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services, such as Google Analytic, to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Services so that we can analyze and improve them. Some of this information may be associated with the IP Address (as defined below) used to access the Services, and some may be associated with your Account, such as the topics you search for and the help pages that you visit. We may also use some of this information in aggregate form, that is, as a statistical measure related to all of our users that would not identify you personally. We use information about your use of the Services to improve and enhance your experience on the Services.
IP Address Information
Under certain circumstances, such as when you log into the Services, load a web page from the Services, we may collect and store your Internet Protocol Address ("IP Address"). We generally use IP Address information to fight spam, malware, and identity theft; we also may use it, in the future, to personalize the Services for you. IP Address information is also used by us to generate aggregate, non-identifying, information about use of the Services.
Information Collected Using Cookies
Feedback You Provide
We value hearing from our members, and are always interested in learning about ways we can improve Nailpolis for you. If you choose to send us ideas or feedback, via our feedback form or directly through email, you agree that we are free to use them without any restriction or compensation to you. By accepting your feedback or ideas, Nailpolis does not waive any rights to use similar or related Feedback previously known to Nailpolis, or developed by its employees, or obtained from sources other than you.
Security of Your Information
We care about the security of our users; your account information is protected by a password for privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account on the Services. We seek to protect your information (including your Account information) to ensure that it is kept private; however, we can't guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Please notify us immediately of any compromise or unauthorized use of your account.
Third-Party Links, Sites and Services
Our Products may contain links to personal blogs, third-party websites, advertisers, services, special offers, contents, or other events or activities that are sometimes posted by members and not owned or controlled by Nailpolis. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Nailpolis, you do so at your own risk and you agree that Nailpolis will have no liability arising from your use of or access to any third-party website, service, or content.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Nailpolis and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Nailpolis specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement and any warranties arising out of course of dealing or usage of trade. Nailpolis takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose.
Limitation of Liability
To the maximum extent permitted by law, Nailpolis, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from- A) Your access to or use of or inability to access or use the products; B) Any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or C) unauthorized access, use or alteration of your transmissions or content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Nailpolis has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its’ essential purpose. In no event shall Nailpolis’s aggregate liability for all claims relating to the products exceed fifty U.S dollars (U.S $50.00)
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in the Limitation of Liability, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Nailpolis may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Nailpolis may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination including; without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Nailpolis or any third party.
You and Nailpolis agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Nailpolis otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Governing Law and Jurisdiction
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nailpolis must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes. Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
DMCA Copyright Policy
Nailpolis respects the intellectual property rights of others and expects its users to do the same. It is Nailpolis' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998; the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Nailpolis will respond expeditiously to claims of copyright infringement committed using the Nailpolis website that are reported to Nailpolis Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Nailpolis’s Designated Copyright Agent. Upon receipt of the Notice as described below, Nailpolis will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").
Reporting Instances of Copyright Infringement
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Nailpolis is capable of finding it and verifying its existence. if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
A statement (as follows) that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law”
A statement (as follows) made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, Nailpolis will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Nailpolis reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
Submitting a DMCA Counter-Notification
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Nailpolis by providing the following information to the Designated Agent Nailpolis Inc. at email@example.com:
- The specific URLs of material that Nailpolis has removed or to which Nailpolis has disabled access.
- Your names, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Upon receipt of a valid counter-notification, Nailpolis will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Nailpolis does not receive any such notification within ten (10) days, we may restore the material to the Services.