Effective: February 1, 2016
Thank you for visiting [www.jamberry.com/uk] (the “Site”). This Site is operated by [Jamberry Nails, LLC/Jamberry Nails UK, Ltd], and is made available to you free of charge. All content, information, and services provided on and through the Site may be used only under the following terms and conditions, as such may be amended from time to time (these “Terms”). Any references to “Jamberry,” “our,” “we,” and “us” refer to Jamberry Nails, LLC and any references to “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting, or using the Site.
Your use of the Site constitutes your agreement to be bound by these Terms. Please read these Terms carefully before using the Site. If you do not agree with any part of these Terms, you may not use the Site.
1. SITE USE
We grant you a limited, non-exclusive,
non-transferable licence to access the Site, including without limitation, any
and all text, information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and any other material available on the
Site (the “Content”), in accordance with these Terms. We reserve the right to
restrict or block access to the Site in our sole discretion and without notice.
You are solely responsible for your use of the Site, and you agree to indemnify,
hold harmless, and defend us from and against any claims, damages, losses,
liabilities, costs, and expenses, including legal costs suffered or incurred by
us arising out of or in connection with your use or misuse of the Site.
1.1. Limitations on use
You may not download (other than page caching) or modify all or any portion of the Site or the Content without our express written consent. We expressly prohibit any derivative use or adaptation of the Site or the Content, downloading or copying the Content or information for your benefit or that of a third party, and any use of data mining, screen-scraping, bots, or other data-gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Site, any portion of the Site, or any of the Content therein without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” using our name or trademarks without our express written consent.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your limited licence to use the Site will cease immediately.
Your use of the Site is subject to the
policy. By using the Site, you acknowledge that you have read and understand
to the use of any personal information you provide in accordance with the terms
Policy shall govern.
You acknowledge that the Content on this Site is protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content capable of copyright protection is so protected under applicable laws including being copyrighted as a collective work under the U.S. copyright laws, and we own the copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.
At no time will you upload or post or otherwise have presented on the Site any content which is owned by a third party and/or protected by any proprietary right, including but not limited to copyright or trademark held by a third party, unless you have the express written permission of that third party. At no time will we be under any obligation to provide you with any indication, marking or any other notice that may assist you in the determination as to whether any such content is so protected. Any loss or damage or other harm which may result from your presentation of such content will be your sole responsibility and liability. If you submit any content to a public area of the Site, you warrant that any content owner has at such time expressly granted to us a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute that content, including in any other work or material in any form, media or technology known or hereafter developed. You agree that any other user may access, view, store or reproduce that material for that user's personal use. You also agree that we may edit, copy, publish and distribute any and all material that may be made available by you on this Site.
If you believe that we or any third party has infringed your intellectual property rights by using any content on the Site in any material way, please notify us and provide the following:
- identification of the intellectual property right claimed to have been infringed;
- identification of the content that you claim is infringing so that we may locate it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its licensee, and an agent of either of the foregoing, or by law; and
- a statement by you that the information in your notice is accurate, made under penalty of perjury, and
- confirmation that you are, or you are authorised to act on behalf of, the owner of the intellectual property involved.
Please direct inquiries regarding any intellectual property infringement to us using the contact details provided in the 'Contact ' section below.
Marks that may or may not be designated
on the Site by a “™”, “®”, “SM”, or other similar designation are registered,
pending or unregistered trademarks or service marks of Jamberry or its
licensors, in the United States and other countries. Our graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade dress
of Jamberry. Jamberry’s trademarks and trade dress may not be used in
connection with any product or service that is not Jamberry’s, in any manner
that is likely to cause confusion among Jamberry’s customers or potential
customers, or in any manner that disparages or discredits Jamberry.
1.5. Title of Goods Purchased, Returns and Refunds
Title to and risk of loss for any products ordered purchased on the Site will transfer to the customer placing the order when the products are shipped, whether the individual placing the order is a Consultant or a customer. Returns and Refunds for purchases made on the Site are subject to the Return Policy.
1.6. Consequences of Breach of these Terms
We may terminate or suspend your access to the Site by any method we deem appropriate, without notice, for any conduct that we, in our sole discretion, believe to breach any applicable law, breach these Terms, or in any way harm or threaten the interests of us, our associates, or other users.
By using the hashtag #ShareMyJN on content posted on social media, you agree to and warrant the following:
You warrant that the photo(s), image(s), text, designs, drawings, patterns and other content tagged with the #ShareMyJN hashtag ("Shared Content") are owned by you, in the public domain or licensed to you to share and sub-license as described below. You further warrant that the Shared Content does not infringe on the trademarks, copyrights, trade secrets or other intellectual property of any person or entity. You grant Jamberry Nails, LLC and/or any of its subsidiaries (collectively "Jamberry") a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to reproduce, display, distribute or otherwise use the Shared Content on its websites, social media pages, catalogs, email and in any print or online form.
2. GENERAL TERMS
2.1. Governing law and dispute resolution
You agree that English law, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Jamberry.
Any dispute relating in any way to your visit to or use of the the Site, to your use of any Content, or to these Terms shall be submitted to confidential arbitration under the rules oif the London Court of international Arbitration, in London, except that, to the extent you have in any manner infringed or threatened to infringe Jamberry’s intellectual property rights, Jamberry may seek injunctive or other appropriate relief in any court of competent jurisdiction to grant such relief and you submit to the jurisdiction and venue of any and all such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Should any dispute arise which is not resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed at http://ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers' complaints handled by these providers.
2.2. Changes to these Terms; effective date
We reserve the right, in our sole discretion,
to change these Terms at any time. Updated versions of the Terms will be posted
on the Site and are effective immediately. The date of the newest version is
posted above. Please check back, prior to each use of the Site, to see if these
Terms have changed. Continued use of the Site after any changes to the Terms
constitutes your consent to such changes. Some of the provisions contained in
these Terms may also be superseded by provisions or notices published elsewhere
on the Site.
2.3. Disclaimers and limitations of liability
We provide the Site and all of the Content on an “as-is,” “as-available” basis. We do not represent or warrant that use of the Site will be uninterrupted or error-free. Neither Jamberry nor its associates represents or warrants the currency, accuracy, integrity, or completeness of the Content provided on the Site. Jamberry specifically disclaims all representations, warranties and conditions of any kind, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Jamberry or its associates shall create a representation or warranty. You expressly agree that you access, view, browse, visit or use the Site at your sole risk.
The Site is controlled, operated, and administered by us for users within the United Kingdom and we make no representation that any Content is appropriate or available for use at any other location outside the United Kingdom, and access to the Site from territories where any of the Content may be unlawful is prohibited. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
We have no control over the security of the internet or any networks you choose to use to access or communicate with the Site and we are not responsible for the security of any information that you may choose to communicate to us and the Site while it is being transmitted, and we are not responsible for any data that may be lost or corrupted upon or during transmission.
Under no circumstances shall Jamberry or its associates or any of its or their employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents be liable for any direct, indirect, incidental, special, or consequential losses or damages that arise out of or in connection with the use of or inability to use the Site, including but not limited to your reliance on any Content of or information obtained on the Site, or that arise out of or in connection with mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Jamberry records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorised representative of Jamberry has been advised of or should have knowledge of the possibility of such losses or damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the Site. The above exclusions and limitations on liability are subject to Jamberry's acceptance of any liability which may not lawfully be excluded by applicable law, subject to which Jamberry's liability is limited to the fullest extent permitted by law.
No delay, omission or forbearance by us to exercise or enforce any right, power or remedy under these Terms shall operate as a waiver thereof, and any single or partial exercise or enforcement thereof shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power or other remedy.
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.
Each of our subsidiaries, affiliates, sellers and any and all third party content providers and licensors shall have the right to assert and enforce any and all provisions of these Terms directly and/or on its own behalf.
Questions, comments and requests regarding these Terms are welcomed and should be addressed to:
Jamberry Nails UK, Ltd.
If you have a complaint or serious concern about the Site or any of the Content please contact us using the above contact details. Please understand that reporting a concern about any Content does not guarantee that it will be removed from the Site.