Terms and Conditions of Site Use
Thank you for visiting Nailfilestore.com. In this document, "you" and "user" mean any person or entity that accesses the Website; "Nailfilestore," "we," or "us" refers to Nailfilestore.com.
We hope that you'll find our Website informative and useful. We've set out these Terms and Conditions of Use ("Terms") to create some ground rules that are intended to make our visitors' experience safe and enjoyable, and to protect the investment that Nailfilestore has made in its products and intellectual property.
Please read this page carefully. By using the Website, you are agreeing that you'll be bound by these Terms. We think that these Terms are reasonable and appropriate, but if you don't agree with them, you do not have permission to use the Website.
Nailfilestore may revise these Terms from time to time and at any time, to keep up with changing circumstances, by posting an update to this page with new Terms. You should visit this page periodically, because the Terms that are in effect at the time of your visit are the ones that give you permission and govern your use of the Website. By using the Website after we've posted updates, you accept and agree to be bound by the updated Terms.
1. Nailfilestore Owns The Website and Their Content
All of the contents of the Website, which include the text, graphics, sounds, images, appearance, programming code, HTML code, and other material (the "Content"), is owned by Nailfilestore (or its licensors). The Content is protected by a wide range of intellectual property laws of the United States and other countries, including copyright, trademark, and patent laws. Please respect our property; any unauthorized use of the Content may violate these laws or constitute infringement.
2. You Have Permission to Use The Website and Content, But Your Permission is Limited
Nailfilestore has made the Content available so that you can learn about our company and products. You are authorized to view it and download it, but only for your personal, non-commercial use, and not on another website or in a networked computer environment. You're not permitted to remove any copyright or other proprietary notices contained in the Content, or to sell or modify the Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose,. (We think our Content is valuable; if you're interested in using the Content for commercial or business purposes, please contact us, and we can discuss whether a business arrangement makes sense.)
The Website is meant for people to use. You may not use any 'robot,' 'spider' or other automated querying device, or similar program, algorithm or methodology to access the Website or monitor, "scrape," or copy the Content.
3. You May Not Use The Website To Cause Harm
Our Website is intended to be helpful; we will not tolerate any misuse of them. You may not use the Website to transmit, distribute, or store any malicious, harmful, or infringing material, data, or other information, or to destroy material, data, or other information. This means, for instance, that you may not use the Website in violation of any law or regulation, or in a way that will infringe others' intellectual property rights, or to violate others' privacy or publicity rights, or in a way that is defamatory, obscene, threatening, abusive, or hateful.
You are prohibited from violating or attempting to violate the security of the Website. By the same token, you may not use the Website to violate the security of other web sites by any method, such as (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header or any part of the header information in any e-mail.
We can't anticipate all of the ways that a misguided person might try to misuse our Website, so these are just examples, and we reserve the right to prevent anyone from using our accessing the Website in a way that, in our judgment, cause problems for Nailfilestore or others. We may also provide information to and otherwise cooperate with law enforcement authorities when, in our judgment, we believe that such action is warranted.
4. We Respect Your Privacy
5. You Have The Responsibility To Protect Your Account
Our Website may allow you to set up an account. Access to your account is controlled by a User ID and password, and you are responsible for all uses of your user ID, whether or not authorized by you. Therefore, you need to take responsibility to maintain the safety and confidentiality of your user ID and password. You agree to immediately notify Nailfilestore of any unauthorized use of your user ID or password.
6. We Don't Promise That Our Website Is Error-Free
We've tried to make our Website informative and accurate, but nobody's perfect. Despite our efforts, the Content may contain inaccuracies or typographical errors. Nailfilestore cannot promise and does not make any representation about the accuracy, reliability, completeness, timeliness, or availability of the Website or the Content. You use the Website and the Content at your own risk. If you're using the Content to make an important decision, it's a good idea to verify any statements or information in the Content. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.
If you post, submit, or place any information or material on the Website, you are solely responsible for the form, content and accuracy.
NAILFILESTORE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, NAILFILESTORE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NAILFILESTORE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAILFILESTORE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, PERFORMANCE, TIMELINESS, OR AVAILABILITY OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
7. We're Not Liable For Consequential Damages
IN NO EVENT WILL NAILFILESTORE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR STATUTE, AND REGARDLESS OF WHETHER NAILFILESTORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. We Offer Links to Other Sites Solely As A Convenience
The Website may contain links to third party websites. These links are provided solely for your convenience; Nailfilestore does not approve or endorse the contents on such third-party web sites. Nailfilestore also is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Similarly, Nailfilestore cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Nailfilestore, because these sites are owned and operated by independent retailers. Nailfilestore does not endorse any of the merchandise, nor has Nailfilestore taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Nailfilestore does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
9. Our Liability Is Limited
If, notwithstanding the limitations and disclaimers above, Nailfilestore is found liable to you, Nailfilestore's total liability to you shall be strictly limited to $100, regardless of the number of claims you may have or bring that arise from or relate to your use of the Website and the Content.
10. We May Terminate Access To the Website
Nailfilestore reserves the right, at its sole discretion, to immediately terminate your access to the Website and/or any other service provided to you by Nailfilestore for any reason, including any breach by of these Terms.
You agree to defend, indemnify, and hold harmless Nailfilestore, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or Content or your breach of these Terms. If the claim is brought against Nailfilestore by a third party, Nailfilestore will provide prompt notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
12. General Provisions
Nailfilestore makes no claims that the Website or Content may be lawfully viewed or downloaded outside of the United States. It may not be legal for certain persons or in certain countries to access the Website or Content. It's up to you to make sure that you are complying with the law. If you access the Website or Content from outside the United States, you do so at your own risk and are responsible for any violations of the laws of your jurisdiction.
These Terms are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles, and you agree to be bound by these laws. You also agree that in the event there is a dispute or claim that arises from or relates to these Terms or their breach, any such dispute or claim shall be brought exclusively in the state or federal courts within the State of Texas, and you agree irrevocably to jurisdiction and venue in those courts.
You agree that you may not bring any claim or action in any form that arises from or relates to the Website, the Content, or these Terms more than twelve (12) months after the first occurrence of the events on which you base your claim. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
These Terms cannot be modified or waived except by Nailfilestore in writing or by a revised posting on the Website. If Nailfilestore does decide to waive any breach of these Terms by you, that waiver is limited, to the particular breach and the particular provision that was breached. The waiver is not continuing, and Nailfilestore has the right to enforce all of the Terms against you for any other breach.
These Terms and Conditions constitute the entire agreement between you and Nailfilestore concerning the Website and the Content.