TERMS OF SERVICE
Updated: [April 21, 2017]
Aziny.com owns and operates the website https://www.aziny.com, mobile application (iNails), and any other linked and related pages, content, features, products, software, and tools offered by AZINY.com (the “Services”).
YOUR ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
AZINY.com reserves the right, in its sole discretion, to modify the Terms of Service at any time by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
ELIGIBILITY TO USE SERVICES
This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to AZINY.com that: (i) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (ii) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
REGISTRATION FOR CERTAIN SERVICES
You may be required to register and select a password and username (“iNails User ID”) to use certain Services. You may not (i) select or use as a iNails User ID a name of another person with the intent to impersonate that person; or (ii) use as a iNails User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide iNails with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account.
AZINY.com reserves the right to refuse registration of, or cancel a iNails User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook Connect”), AZINY.com may require that your iNails User ID be the same as your user name for such third party site or service. By providing your third party account credentials to AZINY.com, you are consenting to have the information in those accounts transmitted into your AZINY.com account. You shall only use third party accounts owned by you and not by any other person or entity.
In the course of using the Services, you and other users may provide information which may be used by AZINY.com in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to AZINY.com or in connection with the Services, you hereby grant to (i) AZINY.com a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and AZINY.com’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to AZINY.com does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not AZINY.com, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to AZINY.com and to grant AZINY.com the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that AZINY.com will not be liable for any errors or omissions in any such content. You understand that AZINY.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, AZINY.com cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by AZINY.com in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of AZINY.com, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
Any comment made using your identity or screen name will be deemed to have been posted by you.
Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
You shall not make false or misleading statements.
You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from AZINY.com in connection with a feature of the Services.
You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
You shall not post information that is confidential or sensitive.
You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by AZINY.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Links. If you link to the Services, AZINY.com may revoke your right to so link at any time, at AZINY.com’s sole discretion. AZINY.com reserves the right to require prior written consent before linking to the Services.
Company’s Right to Monitor. AZINY.com has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, AZINY.com reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If AZINY.com chooses, in its sole discretion, to monitor the Services, AZINY.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
Company’s Right to Remove Content. AZINY.com reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
No Endorsement. You acknowledge that AZINY.com does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
AZINY.com’S INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of AZINY.com. Subject to your compliance with this Agreement, AZINY.com grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by AZINY.com in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of AZINY.com and iNails, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to AZINY.com or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of AZINY.com, its affiliates, or any third party.
YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without AZINY.com’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of AZINY.com.
RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
Any violation of the above may be grounds for termination of your right to access or use the Services. AZINY.com reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that AZINY.com deems in its sole discretion to be an illegal or unauthorized use of the Services. AZINY.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
YOUR OTHER OBLIGATIONS
You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
AZINY.com has no special relationship with or fiduciary duty to you. You acknowledge that AZINY.com has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
You agree to indemnify and hold AZINY.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Please note, some states, such as New Jersey, may limit or prohibit indemnification obligations and, therefore, this provision may not apply if you are a resident of New Jersey or another state with such limitations.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL AZINY.com OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND AZINY.com’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, AZINY.com MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
INTERACTION WITH THIRD PARTIES
Your interactions with organizations and/or individuals found on or through the Service (including without limitation AZINY.com retail partners), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that AZINY.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AZINY.com is under no obligation to become involved.
RELEASE OF CLAIMS
You hereby release AZINY.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
MODIFICATION AND TERMINATION
AZINY.com reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. AZINY.com may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
WAIVER AND SEVERABILITY
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. AZINY.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AZINY.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). 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.
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco..
You and AZINY.com agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with AZINY.com’s prior written consent. AZINY.com may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. 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 AZINY.com in any respect whatsoever.
All provisions of this Agreement which by their nature are intended to survive performance hereof by you or AZINY.com, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
COPYRIGHT DISPUTE POLICY
AZINY.com’S General Policy. AZINY.com has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of AZINY.com’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is AZINY.com’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that AZINY.com is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which AZINY.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
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