USE OF THE SERVICES SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESES TERMS AND CONDITIONS OF USE
TERMS OF USE
Effective as of July 12, 2016
By accessing or using the Bangstyle and Nailstyle website or applications (including mobile applications) or other services provided by Bangstyle and Nailstyle (collectively “Services”), you agree to comply with and be bound by the following terms and conditions of use. This page together with our Privacy Policy, outlines the terms and conditions on which we provide access to our Services (“Terms of Use”). If you do not agree to these Terms of Use, you do not have the right to access the Services. For purposes of this agreement, the terms “Bangstyle,” "Nailstyle," “we,” “us,” and “our” refer to Cutter and Stiles USA Inc, DBA Bangstyle and each of its affiliates, parent companies, subsidiaries and affiliates. The terms and “you” and “your” refers to you, as a user of the Services.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Modification of the Terms of Use
Internet technology and the applicable laws, rules and regulations change frequently. Therefore, the parties agree that Bangstyle may modify these Terms of Use at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Use are posted on the Services (“Effective Date”). Your use of the Services after the Effective Date, constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms of Use as modified. If you do not accept such modification(s), then do not continue to use the Services. Bangstyle shall provide written notice of such modification before the Effective Date.
Our Privacy Policy is hereby incorporated by reference in its entirety and is available at Privacy Policy.
Bangstyle Store
Bangstyle offers products for purchase through the Bangstyle Store. All such purchases are governed by these Terms of Use and the Buyers Agreement, which is hereby incorporated by reference. You must agree to be bound by the terms of the Buyers Agreement before completing any purchase through the Bangstyle Store. The Buyers Agreement is available at http://www.bangstyle.com/buyersagreement.
Personal and Non-Commercial Limited License
Bangstyle hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use the Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials, content or any other information on the Services, remove any copyright or other proprietary notations from the materials or content, reverse engineer or break into (hack) the Services, or use materials, products or services in violation of any state or federal law. In addition, you shall not manipulate or otherwise display the Services by using framing or similar navigational technology, nor shall you access the Services by any means other than through the standard industry-accepted interfaces. Except as stated above, all rights are reserved. Commercial use of any content on the Services (other than content that you own) is strictly prohibited. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Use Restricted to U.S. Residents
By using the Services, you acknowledge and agree that Bangstyle operates its Services from its offices within the United States of America and that Services are intended for viewing within the United States only and will only be construed and evaluated according to United States law. Bangstyle makes no representations that the materials on the Services are appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.
Access Restriction and Termination
Access and use of the Services, is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms of Use. Bangstyle may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion. Bangstyle reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services. If Bangstyle terminates your account, you will not create another account without our permission. You may terminate your account at any time by emailing a termination notification and request to [email protected]. Upon termination, whether by you or Bangstyle, all rights granted herein, including without limitation the limited license granted above, shall immediately terminate.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner which could damage, disable, interrupt, overburden, or impair the Services or Bangstyle’s network or servers, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Services if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, screen scraping, database scraping, harvesting of information, or any other automatic means of accessing, logging-in or registering on the Services, or obtaining or accessing other information from or through the Services.
The following actions are also expressly prohibited:
1) Transmitting unsolicited email or spam;
2) Using any Bangstyle domain name as a pseudonymous return email address for any electronic communications;
3) Pretending to be someone else or spoof their identity;
4) Posting violent, obscene, nude, harassing, abusive, discriminatory, defamatory, unlawful, infringing, hateful, pornographic, threatening or otherwise objectionable content collectively (“Offensive Material”) via the Services;
5) Using the Services to perpetrate fraud, misrepresentation or illegal activity;
6) Attempting to gain unauthorized access to the Services or another user’s account, through hacking, password mining or any other means;
7) Attempting to circumvent or compromise any security measures;
8) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;
9) Modifying, altering, or tampering with systems hardware or software including the use of bots is strictly prohibited;
10) Creating multiple Bangstyle accounts (except that a user may have both an individual and a business account);
11) Intentionally submitting inaccurate information or falsifying information submitted to Bangstyle for the purpose of creating multiple accounts; and
12) Reselling or repurposing your Bangstyle account.
Password and Responsibility for User Account
When you create an account with Bangstyle, you will be provided with a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined or shared with any other person. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Services and any messages, online chats or other interactions with other users. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. Bangstyle shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.
Your access to the Services and your account is solely for your own personal use. You shall not authorize or enable others to use your account. You shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.
Material You Post or Share
You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you post, store or transmit on or through the Services, or share with other users or that is posted, stored, transmitted or shared using your user name and password (“User Content”). You agree not to post, store or transmit any Offensive Material. By posting User Content to any part of the Services, you automatically grant Bangstyle an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your User Content on or through the Service does not violate any laws and does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You may remove User Content by deleting the content from your account or by deactivating your account. However, you acknowledge and agree that any User Content that has been (i) incorporated into the Site Content (as defined below), Bangstyle marketing material, and/or Supremes materials; (ii) shared or reposted on third party websites and/or (iii) shared or reposted by other Bangstyle users will not be deleted, and may remain on the Internet in perpetuity. You also understand that any User Content posted on third-party websites may be subject to additional license obligations, which shall survive the termination of these Terms of Use.
Right to Remove Content
You agree that Bangstyle has the right but no obligation, to remove any content, including User Content, from the Services at any time, with or without cause. Posting and sharing content on the Services is a privilege and not a right. Bangstyle also has the right to refuse, move, or block access to any material submitted on or through the Services, and to establish general practices and limits concerning use of the Services.
It is our policy not to tolerate any Offensive Material being posted on the Services, regardless of whether or not such material is constitutionally protected. If you believe someone has posted any content that may be considered Offensive Material, please notify us by email at [email protected]. Your email must also include (1) the nature of the violation; (2) all facts which lead you to believe this policy has been violated; (3) the precise location of the where the Offensive Material is located; and (4) the identity of the person or persons who posted the Offensive Material (if known).
The decision of whether or not to remove content from the Services is within Bangstyle’s sole and complete discretion. Bangstyle has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Bangstyle be liable for removing or failing to remove any content.
Mobile Devices
You may access the Services using one or more mobile devices. Such use shall be subject to your carrier’s normal rates and fees, including any applicable text messaging and data fees. You understand and agree that Bangstyle users can sync and download to their mobile devices, any information that is visible to them using the Services.
Sponsored Content
Bangstyle may display advertisements, commercial communications and other sponsored content (“Sponsored Content”) on the Services. You hereby agree that Bangstyle may place such Sponsored Content on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such Sponsored Content are subject to change without specific notice to you. You acknowledge that we may not always identify Sponsored Content as such.
Stalking
Bangstyle users may choose to follow your activities by using the “Stalk” feature of the Services. Stalking allows a user to keep up to date on your activities and the content that you post on the Services, including but not limited to any pictures you post or things that inspired you. If you do not want other users to stalk you, you can opt-out of this feature by changing your user settings.
Contests
From time to time Bangstyle and its partners may provide opportunities to participate special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. The use of of bots or paid votes for voting purposes is strictly prohibited and will disqualify the entrant.
Trademarks, Copyright and Proprietary Rights
The BANGSTYLE mark and logos are trademarks of Bangstyle. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Bangstyle’s name, logos, or trademarks without obtaining the written permission of Bangstyle or such other third party owner, as applicable.
All content on the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Services, and their selection and arrangement (excluding any of User Content) (the “Site Content”) individually and/or collectively, are the proprietary property of Bangstyle and is protected by U.S. copyright law, international treaties and other intellectual property rights. Except as otherwise stated herein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Bangstyle’s proprietary rights.
You acknowledge that Bangstyle will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Intended Audience
The Services are intended for adults age 18 and over. You cannot use the services if you are under 13 years of age.
Availability
Bangstyle will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Bangstyle may, from time to time, result in temporary interruptions to the Services. In addition, Bangstyle reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Services or all of the Services, with or without notice.
Third-Party Links
The Services may contain links to third-party websites that are not under the control of or maintained by Bangstyle including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of Bangstyle and Bangstyle is not responsible for the contents of any Linked Site. The Linked Sites may contain terms and conditions that are different from these Terms of Use. You should read the terms of use and privacy policies on each such website, as your accessing such website constitutes your agreement to be bound by such terms and policies contained in such website. Bangstyle does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the Linked Sites, you do so at your own risk. In no event shall Bangstyle be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
Any dealings with third parties (including advertisers) included within the Services or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Bangstyle shall not be responsible or liable for any part of any such dealings or promotions.
Third-Party Materials on the Services
The Services contain materials submitted by third-parties, including but not limited to User Content and advertisements. Bangstyle has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Bangstyle be liable for any loss, claim, damages, or costs that may arise in connection with your use of or reliance on these materials.
Indemnification
You agree to indemnify, defend and hold harmless Bangstyle, it officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law or (b) your use of the Services. This provision shall survive the termination of these Terms of Use.
Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS without any warranties of any kind. YOU AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. BANGSTYLE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or third party rights arising our of course of conduct or trade custom or usage. You understand and agree that the operation of the site may involve bugs, errors, problems, or other limitations. BANGSTYLE HAS no liability whatsoever for your use of the SERVICES or use of any information or services accessed through the Services. No advice or information, whether oral or written, obtained by you from BANGSTYLE through the Services shall create any warranty, representation, or guarantee of any kind.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BANGSTYLE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE ALL YOUR USE OF THE SERVICES.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.
Copyright Infringement Notice Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact Bangstyle’s designated Copyright Agent and provide the following information:
A description of the copyrighted work that allegedly has been infringed.
A description of the material that is claimed to be infringing and the URL of where such material is located on the Services, sufficient to permit Bangstyle to locate the material.
Your contact information, including an address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, 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.
Your physical or electronic signature.
Send this information to:
By mail: Bangstyle
Attn: Copyright Agent
15613 Ventura Blvd
Encino, CA 91436 USA
By mail: [email protected]
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Choice of Law
These Terms of Use shall be controlled by the laws of the State of California, giving no effect to any conflict principles.
Agreement to Arbitrate
Any dispute arising out of or relating to these Terms of Use, the Services or any relationship between the parties, or any of their parents, subsidiaries, successors, officers, directors, or employees, heirs and permissible assigns, without limitation, no matter how described, pleaded or styled, shall be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association, conducted at San Diego, California The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Bangstyle. Each party shall pay for its own attorneys’ fees and costs. Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. The fact of and all aspects of this arbitration and the underlying dispute shall remain strictly confidential by the Parties, their representatives, and the AAA. The Parties agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which this agreement applies and any such dispute shall be commenced and maintained exclusively in the state or federal courts in the County of San Diego and the parties each consent to the personal jurisdiction of said courts. This provision shall survive the termination of these Terms of Use.
BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Bangstyle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically, including without limitation by e-mail or other electronic communication technology that may hereafter be developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.
Assignment
These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Bangstyle to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.
Severability
If any provision of these Terms of Use shall be adjudged by any arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
Responsibility for Customer Content
As between the parties, User is solely responsible for all Customer Content. "Customer Content" includes all content supplied by User and all content that is created by Bangstyle at the request or direction of User and shall also include all other content defined as Customer Content in any other agreement between User and Bangstyle.
User shall not include, or allow to be included, in the Customer Content or Brand Content, any materials that: (i) infringe or otherwise violate the intellectual property rights or similar proprietary rights of any third party; or (ii) are libelous or otherwise defamatory or invade any right of publicity or privacy of any third party. User, at its own expense, shall indemnify, defend, and hold harmless Bangstyle, its affiliates, successors, and assigns, and its directors, officers, employees, and agents, against any claim, demand, cause of action, debt, expense, or liability (including attorneys’ fees and costs), resulting from or relating to any Customer Content.
Contact
Any questions about these Terms of Use should be directed to Bangstyle at [email protected].