LOOKNAILCOLOR.COM Terms and Conditions of Website Use

 

Acceptance of Terms and Conditions of Website Use

Welcome to Looknailcolor.com,  operated by Affirmed, LLC (“Affirmed”).  The following terms and conditions, together with any documents they expressly incorporate by reference (together “Terms of Use”), govern your access to and use of Looknailcolor.com, including any content, functionality and services offered on or through Looknailcolor.com (the “Website”).

Please read the Terms of Use carefully before using the website.  By clicking to accept the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [http://www.looknailcolor.com/privacy], incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or attempt to make a purchase.  

This Website is offered and available to users who are thirteen (13) years of age or older.  By using this website and agreeing to its Terms of Use and Privacy Policy, you represent and warrant that you are of legal age to form a binding contract with Affirmed and meet all of the foregoing eligibility requirements. 

Changes to the Terms of Use

Affirmed may revise and update these Terms of Use and the Privacy Policy from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provision set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use or the Privacy Policy means that you accept and agree to the changes.  You are expected to affirmatively agree to the Terms of Use each time you make a purchase on this Website.  Any and all changes in these Terms of Use or the Privacy Policy are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete.  You agree that all information you provide to this Website or otherwise, including but not limited to the use of any interactive feature on the Website, is governed by our Privacy Policy [http://www.looknailcolor.com/privacy] and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights  

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof,) are owned by Affirmed, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

•Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•You may store files that are automatically cached by your Web browser for display enhancement purposes.

•You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

•Any desktop, mobile, or other applications we provide for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

•You may take such action which are enabled on social media platforms we provide

You must not:

•Modify copies of any materials form this Website

•Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use or Privacy Policy, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

No right, title, or interest, in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Affirmed.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.

Trademarks

LOOK and all related names, logos, product and service names, designs and slogans (“Marks”) are trademarks of Affirmed or its affiliates or licensors.  You must not use such marks without the prior written permission of Affirmed.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You understand and agree that no license to use these Marks is granted through the use of social media features connected with this Website, including but not limited to, hashtags or website linking. 

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user images, hashtags, and other interactive features (collectively “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and our licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including advertising.  For example, we may use customer reviews posted on this Website in our online or print advertising or via social media platforms.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to use and our affiliates and service providers, and our licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Use

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Affirmed, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [http://www.looknailcolor.com/privacy].

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by use or any other person or entity, if this is not the case.

Monitoring and Enforcement: Termination

We have the sole right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 

Copyright Infringement

This Website does not permit copyright infringement activity.  We may remove any content of any kind from a user if properly informed that the applicable user content infringes another’s copyright rights.  It is the policy of Affirmed to terminate the user accounts of repeat infringers.

If you believe that any User Contributions violate your copyright, you may notify us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to our Copyright Agent listed below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

• Identification of the material claimed to have been infringed and identification of location where the original or an authorized copy of the copyrighted work exists;

• Identification of the User Contributions or material that is claimed to be infringing, a description of the infringing activity, and information reasonably sufficient to permit Affirmed to locate the allegedly infringing material;

• Information reasonably sufficient to permit Affirmed to contact you, such as an address, telephone number, and email address;

• A statement that you have a good faith belief that use of the User Contributions or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement is as follows:

Affirmed, LLC

c/o Alexis Grilli

280 A N Rand Rd.

Lake Zurich, IL 60047

Email:  look@looknailcolor.com

If you fail to comply with all of the requirements above, your notice may not be valid.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You may use the social media features provided on this Website.  You must not, however, take any action via these social media features that is inconsistent with any other provision of these Terms of Use. We may disable all or any social media features and any links at any time without notice in our discretion.

Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standard set out in these Terms of Use.  You agree to immediately remove any content posted on these social media features containing Affirmed trademarks or logos if the Company asks you to do so based on a breach of these Terms of Use.

Reliance on Information Posted

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third party licensors.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Affirmed, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Affirmed.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our Terms of Sale [http://www.looknailcolor.com/termsandconditions], which are hereby incorporated into these Terms of Use. 

Geographic Restrictions

The owner of the Website is based in the state of Illinois in the United States of America.  We provide this Website for use only by persons located in the United States.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local law.  You also acknowledge and agree that we will not ship any product outside of the United States.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR TO YOUR

DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,

WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-­FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AFFIRMED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Affirmed, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content or via the Interactive Services, and products sold other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, purchases via the Website, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-­contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.  Although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Affirmed of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Terms of Use Updated as of: 6/2/2015