Terms of Service - Site

 

Make Me Nails
Terms of Use

Dated as of October 28, 2014

1. INTRODUCTION

These terms and conditions (the "Terms") govern the order and purchase by you of any Make Me Nails ™ products, including custom-printed Make Me Nails items sold on this site ("Product") and any merchandise, including, but not limited to, custom-printed merchandise ("Merchandise") from www.makemenails.com, an online (the "Site" or the "App"), operated by Make Me Nails, LLC (“MMN”) as well as your general use of the Site. By using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms and MMN’s privacy policy which are hereby incorporated by reference. This is a contract between you and MMN. You must read and agree to these Terms before using the Site. If you do not agree, you may not use the Site. These terms describe the limited basis on which the Site is available and supersede prior agreements or arrangements.

By using the Site, you signify your agreement to these Terms, including our privacy policy, whether or not you have read them.

MMN reserves the right to change or modify any of the terms and conditions contained in the Terms from time to time at any time, without notice, and at its sole discretion. If MMN decides to change these Terms, MMN will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms will be effective upon posting of the revisions (and whereby MMN will use commercially reasonable efforts to alert you of such revisions). Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. Please talk to your parents about what sites are appropriate for you.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE .

2. PRODUCT AND MERCHANDISE ORDERS

a. Pricing Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable other fees or taxes, are set forth on the Site and incorporated into these Terms by reference. MMN may, in its sole discretion, change any such prices or other terms at any time without notice.

b. General Requirements By placing an order, you represent and warrant to MMN that:

• You are at least 18 years of age, an emancipated minor or your legal guardian or parent has placed the order;

• If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.

• If you are a business, the Product and/or Merchandise is being ordered on the Site solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise.

c. Custom Orders In addition to the general requirements set forth above, by placing an order for custom created Product and/or Merchandise (“Custom Product”) whereby you provide a photograph, logo, name, trademark, trade name or other mark (“Customer Marks”), you represent and warrant that:

• you will not submit any illegal, pornographic or otherwise "objectionable" material for inclusion on the Custom Product ;

• the Customer Marks you submit for inclusion on the Custom Product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party;

• you are solely responsible for and assume all liability arising from the Customer Marks or other material that you request be included on the Custom Product; and

• you have the unrestricted right to grant the license described below and there are no third party claims challenging the validity or ownership of the Customer Marks.

In connection with any Custom Product that you may order, you grant to MMN a royalty-free, nonexclusive, nontransferable license to use the Customer Marks on the Custom Product. You agree that you will indemnify, defend and hold harmless MMN and its affiliates and their respective employees, affiliates and agents, from and against any and all claims, suits, damages, liabilities, costs and expenses (including, but not limited to court costs and reasonable attorney fees) arising out of or in connection with any use of the Customer Marks in accordance with these Terms. You understand and agree that the printing process used to apply the Customer Marks may result in some variability in the Custom Product. You also understand and agree that the fact that we produce the Custom Product containing the Customer Marks or other material that you request be included on the Custom Product does not mean that (i) we approve or endorse such Customer Marks or other material, or (ii) such Customer Marks or other material comply with applicable law, or (iii) you will not incur any liability arising from use of such Customer Marks or other material. As between you and MMN, all intellectual property rights in the Custom Product will be and remain the exclusive property of MMN (except for the Customer Marks, which will be and remain your exclusive property) and you will not acquire any rights of any nature in such intellectual property as a result of your purchase or use of the Custom Product. If you are a business, you will submit any and all advertising or other promotional materials relating to the Custom Product to MMN for written approval before release for use or publication. MMN will notify you of its approval or disapproval of such materials as soon as practicable.

d. Order Acceptance All orders are subject to acceptance by MMN. MMN must and does reserve the absolute right to reject orders in its sole discretion.

e. Electronic Communications By using the Site, you consent to receiving electronic communications, e.g., email, from MMN or our subsidiaries and affiliated entities. These communications will include notices about your order, account and/or information concerning or related to the Site or the Products/Merchandise. These communications are part of your relationship with us and you receive them as part of your use of the Site. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.

3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS

Orders for the Custom Product are Final. Each order is very specialized and made to the specifications of a particular order. Once an order is placed, the order is final and cannot be changed or cancelled.

4. CUSTOMER SERVICE: SHIPPING & RETURNS

If your Custom Item order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. We also do not guarantee any delivery times. For other information concerning shipping and returns, please refer to our Shipping Policy or contact support@makemenails.com.

5. YOUR CONTENT

From time to time, MMN may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, MMN does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize MMN to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant MMN and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and MMN’s business, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that MMN may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site (for archival pusposes). The above licenses granted by you related to the Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MMN all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. MMN does not endorse any Content or any opinion, recommendation, or advice expressed therein. MMN expressly disclaims any and all liability in connection with Content. MMN is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the Terms of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that MMN in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another’s computer.

MMN has the right, but not the obligation, to monitor, screen, post, remove, modify, store and review any Content or communications sent through the Site or its affiliated sites, at any time and for any reason, including to ensure that the Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users or third parties.

If your Content includes ideas, suggestions, documents or proposals to MMN through the Site or any interactive services (a) such Content is not confidential or proprietary and MMN has no obligation of confidentiality, express or implied, with respect thereto; (b) MMN may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from MMN under any circumstances unless you are otherwise notified by MMN in writing.

For any Content that you submit, as noted above, you grant MMN a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms and your use of the Site.

6. MOBILE SERVICES

If you access the Site via your mobile phone your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

7. THIRD PARTY CONTENT

MMN may provide content of third parties ("Third Party Content") or links to third party sites as a service to those interested in this information. MMN does not monitor, approve or have any control over any Third Party Content or the third party sites and the inclusion of links to Third Party Content or third party sites does not imply any association or relationship between MMN and such third party. MMN does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any third party site. MMN is not responsible for updating or reviewing Third Party Content or third party sites. You use Third Party Content and third party sites at your own risk. Third Party Content, including comments from third party users submitted to MMN through the Site, do not necessarily reflect the views of MMN.

8. FORCE MAJEURE

Notwithstanding any other provision of these Terms, if MMN is delayed or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, MMN will not be liable for damages resulting from such delay or prevention. MMN will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

9. INDEMNIFICATION

You shall defend, indemnify, and hold harmless MMN, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your order(s), (ii) orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of any Product and/or Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) any issues related to the Content; and/or (vi) your use of the Site.

10. MODIFICATIONS

MMN may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. MMN reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

11. WARRANTY DISCLAIMER

MMN PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MMN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.

12. LIMITATION OF LIABILITY

In no event will MMN be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if MMN has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

13. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of MMN. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy or the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.

14. COPYRIGHT AND TRADEMARK

All contents of the Site are: Copyright 2014 by Make Me Nails, LLC. “Make Me Nails” is a trademark of Make Me Nails, LLC. Additionally, www.makemenails.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of MMN and may not be used in connection with any product or service that is not offered by MMN in any manner that is likely to cause confusion among customers, or in any manner that disparages or MMN. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

15. ADDRESS

Make Me Nails, LLC

4929 Wilshire Boulevard, Suite 810

Los Angeles, CA 90010

16. DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide MMN's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;a description of the copyrighted work that you claim has been infringed upon;a description of where the material that you claim is infringing is located on the Site;a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;Your name, address, telephone number and email address (if available); andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

MMN's DMCA designated registered copyright agent for notice of claims of copyright infringement on this Site is:

Lauren Jones

Make Me Nails, LLC

4929 Wilshire Boulevard, Suite 810

Los Angeles, CA 90067

17. OTHER

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the Site that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Los Angeles, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

Construction

The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

Terms of Use
Make Me Nails Mobile Application

BY USING THIS MAKE ME NAILS MOBILE APPLICATION (THE “Application”), YOU (The “User”) ACCEPT THESE TERMS OF USE (“Terms”). THESE TERMS CONSTITUTE A BINDING AGREEMENT (‘Agreement”), GOVERNING USE OF THE APPLICATION, BETWEEN USER AND MAKE ME NAILS, LLC, (“MMN”). BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. THESE TERMS ARE ALSO AVAILABLE ON THE MMN WEBSITE ( HTTP://WWW.MAKEMENAILS.COM) AND IN THE APPLICATION’S ABOUT US SCREEN. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Age Restriction Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.

Incorporation of Related Terms These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”). In addition, these Terms also incorporate and supplement other terms, conditions, and policies of MMN posted at http://www.makemenails.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,

MMN Terms of Use (available at http://www.makemenails.com/terms)

MMN Privacy Policy (available at http://www.makemenails.com/privacy-policy)

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

End-User License Subject to these Terms, MMN grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

User Information Application features, such as feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to MMN, including its agents and third-party partners, and consents to MMN, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the MMN Privacy Policies identified in this Agreement.The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the iOS Device by the Application. User agrees to immediately notify MMN of any suspected unauthorized transactions associated with the Application or any other breach of security. MMN shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the iOS Device, including without limitation password-protecting the iOS Device and employing Apple’s remote-wipe feature.

Prohibited Uses Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that: A. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);B. is unlawful, fraudulent, or deceptive;C.uses technology or other means to access unauthorized content or non-public spaces;D. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; E. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;F. attempts to damage, disable, overburden, or impair MMN servers or networks;G. attempts to gain unauthorized access to MMN’s computer network(s);H. attempts to gain unauthorized access to MMN’s user accounts;I. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;J. violates these Terms in any manner; or K. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).MMN reserves the right, in its sole discretion, to terminate any User license, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that MMN reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Content The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by MMN (for example, in product marketing campaigns). User grants MMN and its successors a worldwide; irrevocable; transferrable, sublicensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

Indemnification User will indemnify, defend and hold harmless MMN, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. MMN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties MMN IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MMN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. (WARRANTY LANGUAGE IS CORRECT – EXPRESS IS THE CORRECT TERM)

No Liability TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MMN OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. MMN, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall MMN, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.

Intellectual Property " Make Me Nails”, and other MMN trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Make Me Nails, LLC (collectively “MMN Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The MMN Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MMN or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret. international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by MMN or the owner of the Content.

Choice of Law, Jurisdiction These Terms are governed by the laws of the California, United States of America, without regard to California’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the Federal and State courts in Los Angeles County, California for the purposes of any legal action arising out of or related to the use of the Application or these Terms.

Severability If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of MMN to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms MMN reserves the right to change or modify these Terms or any other MMN terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the MMN website (http://www.makemenails.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of MMN shall have any legal effect as a waiver by MMN of any Terms of this Agreement.

Third Party Beneficiary User agrees that MMN’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Contact Us If you have any questions regarding our privacy practices, you can email us at support@makemenails.com