Effective: September 11, 2015
Thank you for visiting https://www.jamberry.com/au/en/ (the “Site”). This Site is operated by Jamberry Nails Australia, PTY LTD, a company registered in Victoria and a subsidiary of Jamberry Nails, LLC, a limited liability company formed in the U.S. state of Delaware, 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, nonexclusive, nontransferable license 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 compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from 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, visit, 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 utilize 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” utilizing our name or trademarks without our express written consent.
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 is copyrighted as a collective work under the U.S. copyright laws, and we own a 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.
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 Violations of 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 violate 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 the laws of the State of Utah in the United States of America, 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 the Site or to these Terms shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate Jamberry’s intellectual property rights, Jamberry may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. 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.
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 frequently, 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.
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 warrant that use of the Site will be uninterrupted or error-free. Neither Jamberry nor its associates warrants the accuracy, integrity, or completeness of the Content provided on the Site. Jamberry specifically disclaims all warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Jamberry or its associates shall create a warranty. You expressly agree that you access, view, browse, visit or use the Site at your sole risk.
Under no circumstances shall Jamberry or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to your reliance on any information obtained on the Site, or that result from 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 unauthorized 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 authorized representative of Jamberry has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.