Terms of Service
Qualifications of Nail Tech List Members (NTL):
The following qualifications are required to be a member on NTL:
You must be at least 18 years or older
You must be a licensed Nail for at least 2 years
You must either worked/and/or owned a salon/spa (at home businesses are considered)
You must have attended continuing education classes
You must be able to specify your specialty(ies) within the nail tech industry
You must be able to be contacted at your place of business
Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Nail Tech List, including information, text, images, posting information including but not limited to graphics, data or other materials ("Content") and products and services provided through
www.nailtechlist.com as well as all elements, software, programs and code forming or incorporated into
www.nailtechlist.com (the "Service"). This Service is operated by nailtechlist, Inc. ("nailtechlist").
By using our Service(s), you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Nail Tech List website (the "Site"). If you choose to register as a member of our Service or purchase products from the Nail Tech List sponsors and/or advertisors, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Nail Tech List on an "AS IS" and "AS AVAILABLE" basis and Nail Tech List reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You also understand and agree that the Service includes advertisements and that these advertisements and/or promotions are necessary for Nail Tech List to provide the Service. You agree that Nail Tech List is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Nail Tech List has a firm commitment to safeguarding your privacy. The terms of Nail Tech List privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All services and promotions used in this Service which identify Nail Tech List or third parties and their products and services are proprietary marks of Nail Tech list and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Nail Tech List or any third party with respect to any such image, logo or name.
4. Copyright
Nail Tech List is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Nail Tech List are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Nail Tech List or the appropriate owner of copyright in such works. Nail Tech List does not claim ownership rights in your works or any other materials posted by you to Nail Tech List (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us. You also understand a water mark of "Nail Tech List" will be posted on each pics to protect copyrights infringments from outside sources.
5. Reporting Copyright Violations
Nail Tech List respects the intellectual property rights of others and expects users of the Service to do the same. At Nail Tech List's discretion and in appropriate circumstances, Nail Tech List may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Nail Tech List agent for notice of claims of
copyright infringement, can be reached at
shureice@nailtechlist.com. You must provide our agent with substantially the following information, which Nail Tech List may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
A 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.
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.
6. External Links
Nail Tech List may provide links to third-party websites or resources. You acknowledge and agree that Nail Tech List is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nail Tech List of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" including instructional and tutorial are based without warranty of any kind. In no event shall Nail Tech List be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Nail Tech List that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Nail Tech List does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Nail Tech List, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, sponsors, advertisors or referrals, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
NAILTECHLIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NAIL TECH LIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. NAIL TECH LIST MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT NAIL TECH LIST IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, NAIL TECH LIST SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF NAIL TECH LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL NAILTECHLIST AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO NAILTECHLIST PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Nail Tech List for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
11. General
These Terms constitute the entire agreement between Nail Tech List and you with respect to your use of the Service. Nail Tech List failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Nail Tech List shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Nail Tech List. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Illinois.
12. Comments
Section II: Additional Terms
13. Registration
To register as a member of the Service, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service without consent from parents. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and inquiries.
14. User ID and Password
When you register as a member you will be asked to provide a User ID and Password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Nail Tech List of any unauthorized use of your password.
15. Submitting Content
Chat Rooms and/or discussion/ forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Nail Tech List website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Nail Tech List websit