Spirit Wear Nail Wraps TOS

Please read this document carefully. Spirit Wear Nail Wraps, and it’s affiliates (hereinafter “SWNW”) provides the website and its associated content and services (collectively “Website”) on a limited basis. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. By using SWNW’s services, you are expressly accepting the Agreement. Your order placed on this Website also signifies your acceptance of this Agreement. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use of the Website immediately.

In connection with your use of the Website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the link at the bottom of the communication. We will communicate with you electronically, that is, by e-mail or by posting notices or taking electronic action on this Site. You agree that all agreements, terms, notices, disclosures, electronic actions, and any other communication that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

SWNW MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. SWNW RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT SWNW MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Warranties and Representations

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older, or of the age of majority in your place of residence, and that you are not a bot, script, or other computer or machine, excluding search engine spiders. If you are under 18 years of age, or the age of majority in your place of residence, you may access and use this Website only with the involvement of a parent or guardian. Each time you use our Website, you are representing that you are 18 years of age or older, or of the age of majority in your place of residence. If you are entering into this Agreement on behalf of a third party, you warrant and agree that you are an authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. SWNW reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. You warrant and agree that you will access the Website from your own computer or mobile device and that you will not impersonate any person or entity or forge any identifiers of origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply in good faith, with the terms of this Agreement.

Privacy Policy

SWNW has adopted its Privacy Policy to provide you with notification of its collection and use of your personal and personally identifiable information. SWNW hereby incorporates its Privacy Policy into this Agreement by reference as if fully stated herein.

Limited License

You understand and agree that the Website and all information and screens appearing on it, including documents, services, site design, characters, artwork, audio clips, digital downloads, data compilations, software, text, graphics, logos, images and icons, as well as the arrangement thereof is the property of spiritwearnailwraps.com, (SWNW), Copyright © 2014 or its third party licensors, and is protected by all applicable laws, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of SWNW. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with SWNW’s robots.txt file.

SWNW reserves all rights in the Website that are not expressly granted. SWNW is a trademark of spiritwearnailwraps.com, in the United States and Canada. Other trademarks, names, and logos on this Website are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to you any rights to any such intellectual property. You further acknowledges and agrees that content made available to you through the Website may be subject to the intellectual property rights of third parties.

SWNW hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. SWNW may suspend or stop providing our Website to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.

User Generated Content

SWNW may allow you to create user generated content through or to upload user generated content to the Website, including but not limited to links, images, reviews, videos, trademarks, trade names, logos, design marks, profile information and preferences (hereinafter “User Generated Content”). You hereby grant SWNW a non-exclusive, perpetual, irrevocable, sub licensable, assignable, worldwide, fully paid, and royalty-free license to use, copy, perform, display, create derivative works of, and distribute any and all User Generated Content that you submit to the Website in any form (now known or later developed) for all purposes of the Website.

You warrant that you have all right, title, and interest in and to any and all User Generated Content that you generate through or upload to the Website, that you submit all User Generated Content to the Website free of liens or other encumbrances, that your User Generated Content will not violate any law, statute, ordinance, or treaty, whether state, provincial, national, or international, and that your User Generated Content will not violate the rights of third parties.

In using this Website, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements that are “Objectionable.” For purposes of these Terms of Use, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

You agree that SWNW may identify you as a client in SWNW’s client lists and other marketing materials and may use, on a royalty-free basis, your User Generated Content in training, public case studies, and other marketing materials published by SWNW. Any other uses of your name and/or logo shall require your prior written consent.

By creating User Generated Content through or uploading User Generated Content to the Website, you expressly and intentionally waive any and all claims of a violation of your right of privacy or publicity arising out of the use of your User Generated Content for the purposes of the Website, including but not limited to reviews, coupons, or marketing materials.

You acknowledge and agree that all information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated or transmitted using the Website, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Generated Content originated.

You, and not SWNW, are responsible for all User Generated Content that you upload, post, email, distribute, communicate, transmit, or otherwise makes available using the Website or that is otherwise made available through the use of your account (if you have one), whether or not authorized by you.

You acknowledge and agree that by using the Website, you may be exposed to User Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

You further acknowledge and agree that SWNW does not control the User Generated Content originating from you, or other users of the Website, and does not guarantee the accuracy, integrity or quality of such User Generated Content. Notwithstanding the foregoing, SWNW may review all User Generated Content and may block, modify, terminate access to, or remove any such User Generated Content that SWNW considers, in its sole discretion, does not comply with any of the requirements of this Agreement but SWNW is not obligated to do so.

You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any feedback, User Generated Content, or other submission.

By making this purchase, you affirm that you are not relying on the User Generated Content appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element and to show affiliation with an organization. You understand that SWNW is the source of all products you are ordering and that SWNW’s products are not officially sponsored by your organization or any organization.

SWNW reserves the right to purge User Generated Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Generated Content uploaded to the Website by you or received by you through the use of the Website. SWNW shall not be liable for any purging, deletion, or failure to retain any such User Generated Content.

SWNW may disable your account and your access to use the Website and SWNW may recover from you any losses, damages, costs or expenses incurred by SWNW resulting from or arising out of your non-compliance with any provision of this Agreement.

Third Party Websites

You understand and agree that the Website may contain links to content and websites owned or controlled by third parties. You understand and agree that SWNW will not be held liable for the content of websites that it does not own or control.

Idea Submission Policy

You understand and agree that any feedback, including but not limited to comments, reviews, feedback, data, questions, suggestions, ideas, concepts, know-how, techniques, photographs, testimonials, and other communications regarding our products or services that you provide to SWNW concerning the Website will be considered non-confidential and will become the property of SWNW without compensation to you. SWNW may use and redistribute any feedback that you provide to SWNW in any form and for any purposes.

Product Descriptions

SWNW attempts to be as accurate as possible. However, SWNW does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Website, including product descriptions, at any time without notice.

Pricing

Despite our best efforts, a small number of the items on our Website may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling, except as otherwise noted.

Ordering Disclaimer

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. SWNW reserves the right to accept or deny shipment to anyone for any reason. SWNW reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, SWNW reserves the right to cancel the order and notify the cardholder or the authorities.

Shipping and Delivery

SWNW ships orders within the 50 United States via USPS, UPS and FedEx. Orders shipped usually arrive within 1 to 3 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Because many events may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.

Return and Cancellation Policy

Due to the custom nature of our merchandise, SWNW only accepts returns for damaged or misprinted items. Please see FAQs for further details. You may cancel an order the same day it is placed. Click here for directions on cancelling an order.

Chargeback Policy

A “charge back” is a reversal of a credit/debit card charge. You do not need to file a charge back to obtain a credit due; simply contact us to obtain a credit. Unnecessary charge backs are theft and can be prosecuted. If you believe that your credit/debit card was used fraudulently, please contact us immediately. You agree that you will not charge back any amounts charged to your credit/debit card through our Website. If you charge back a credit/debit card charge for a payment initiated by you, you agree that SWNW may recover the amount of the charge back in addition to a $50 processing fee by any means necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.

User Conduct

You expressly agree that you will not use the Website to violate any US Federal, State, or local law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended uses of the Website. Specifically, you are expressly prohibited from:

1. Harassing, stalking, or threatening other users or third parties;
2. Using a robot, spider, scraper, or other automated technology to access the Website;
3. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
4. Fraudulently modifying or inflating any ranking or rating systems on the Website;
5. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that threatens or encourages bodily harm or destruction of property;
6. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that infringes upon any patent, trademark, trade secret, copyright or  the intellectual property rights of other users or third parties;
7. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that you do not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement);
8. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that is defamatory, invasive, obscene, pornographic, or offensive;
9. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
10. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise making available any content that constitutes false advertising, including but not limited to a violation of Part 255 of the FTC’s false advertising regulations;
11. Using the Website to solicit feedback, survey, polls, or other materials to minors unless you are permitted to do so under all applicable laws, or to harm minors in any way, and shall not send surveys, polls or other materials to minors that would subject SWNW to the Children’s Online Privacy and Protection Act;
12. Impersonating any other person or entity, including SWNW, or a SWNW official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any other person or entity;
13. Attempting to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website in any manner;
14. Uploading, posting, emailing, distributing, communicating, transmitting or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, or the Website;
15. Uploading survey links to message boards or newsgroups that are not relevant to the subject matter of the survey, or that prohibit such uploading without SWNW’s prior written consent; and
16. Using the Website to collect, process, or otherwise handle, “Protected Health Information” (as defined in 45 C.F.R. § 160.103) without SWNW’s prior written consent.

You further acknowledge and agree that SWNW may cooperate with any governmental authority in connection with any investigation into your use of the Website, including use in contravention of applicable laws, and may disclose any content, and any other information pertaining to the you or to your use of the Website, to such governmental authority in connection with any such investigation.

SWNW as Interactive Computer Service

SWNW is a provider of the Website, which is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Consequently, SWNW will not be treated as the publisher or speaker of any tortuous content posted to or through the Website. SWNW reserves the right to remove any content from the Website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which will be determined in SWNW’s sole and absolute discretion.

Disclaimer of Warranties

SWNW DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. SWNW PROVIDES THE WEBSITE AND THE SERVICES SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

SWNW WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SWNW RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

Limitation of Liability

SWNW WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS SOLD THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SWNW CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO SWNW, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

Export Control

SWNW operates the Website from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Website is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Website, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Website content or code to a foreign national or a foreign destination in violation of such laws.

Revenue Sharing Programs

No joint venture, partnership, employment, or agency relationship exists between you and SWNW or between your organization and SWNW as a result of this Agreement or use of this Website, or as a result of participation in any program whereby SWNW shares revenue with your organization.

Indemnification

You agree to hold harmless, indemnify, and defend SWNW, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your use of any services purchased through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend SWNW under the terms of this Agreement will not provide you with the right to control SWNW’s defense, and SWNW reserves the right to control its defense regardless of your contractual requirement to defend SWNW.

Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. SWNW may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of Missouri without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against SWNW will be exclusively resolved through arbitration.

YOU AND SWNW AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM SWNW, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN KANSAS CITY, MISSOURI AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MISSOURI AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SWNW AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MISSOURI IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND SWNW AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Additional Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and SWNW with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind SWNW.

The Website is not directed to persons under the age of eighteen (18) and SWNW will not knowingly collect personally identifiable information from children under the age of eighteen (18). If SWNW inadvertently collects personally identifiable information, SWNW will delete the personally identifiable information in accordance with its security protocols.

SWNW AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

All rights not expressly granted herein are reserved to SWNW.

Digital Millennium Copyright Act Claims

SWNW respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SWNW the written information specified below. Please note that this procedure is exclusively for notifying SWNW that your copyrighted material has been infringed.

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. A description of where the material that you claim is infringing is located on our Website.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest.

SWNW’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Attention: Copyright Agent
Spirit Wear Nail Wraps, Legal Department
legal@spiritwearnailwraps.com