PREEMADONNA TERMS AND CONDITIONS
1. Acceptance of Terms
Preemadonna (referred to as “Preemadonna,” “us” or “we”), provides the Preemadonna.com mobile apps and website (referred to as the “Services”), as well as certain Products and Services (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of this Services and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Services and/or contents and Offerings available on this Services.
BY USING THESE MOBILE APPS OR WEBSITE AND AVAILABLE OFFERINGS, YOU AGREE TO BE BOUND BY THESE TERMS. YOU WARRANT THAT YOU ARE THIRTEEN YEARS OF AGE, OR HAVE PERMISSION AND AUTHORIZATION FROM A PARENT OR GUARDIAN, IF YOU DO NOT HAVE NECESSARY PERMISSIONS, OR YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE DISCONTINUE YOUR USE OF ALL SERVICES YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE SERVICES, PRODUCTS, OFFERINGS OR OUR OFFERINGS, OR THESE TERMS IS TO CEASE USING THE SERVICES AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS.YOUR CONTINUED USE (OR ASSENT WHEN REQUESTED) MANIFEST YOUR CONSENT TO THESE TERMS.
Offerings. Preemadonna provides a number of services to Users including our mobile application, Preemadonna.com site and related content, access to our online marketplace and the Nailbot hardware components for use in conjunction with our Services, all are Offerings of Preemadonna. Content or design created by Users or our affiliates are offered or created according to our Acceptable Use Policies and Preemadonna is merely providing a platform or marketplace for the exchange of such content and designs and is not a party to transactions between Users. For a complete list of Preemadonna's Offerings you may review our Products Page.
No Guarantee. Although Preemadonna works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Services or Offerings available on this site.
Temporary Interruptions. You understand and agree that temporary interruptions of the Services may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
Terms and Conditions; Sale of Goods.
- i. Products and Pricing. All Preemadonna products listed on the Website including the Nailbot (“Products”), their contents, descriptions, and prices are each subject to change with due notice. Your purchase of such Offerings manifests your acceptance of all terms and conditions, warranties and disclaimers included in the product listing found at (http://www.preemadonna.com/products).
- ii. Reservation of Rights. We reserve the right, at any time, to make changes to products to improve quality, towards this end we also reserve the right to suspend or discontinue the sale of any Product with or without notice.
- iii. Orders. Upon placing an order, and as your order is processed, your order constitutes an offer and shall not to be considered accepted until transmit shipping information. If we are unable to process your order for any reason, we will either not process payment, in the event payment has processed we shall issue a credit to your payment account in the amount charged for the cancelled portion.
- iv. Payment Terms. For each Product ordered, you agree to pay the listed price for the Product as of the time you submitted your order and applicable delivery fees. You will be solely responsible for payment of all sales taxes, fees, duties, and other governmental charges.
- v. Shipping Policy. Products will be shipped by the shipping method selected your order is placed. All delivery dates provided by Company are estimates and include order processing and packing time. You will receive a confirmation email or digital notification when your order has shipped.
- vi. Return Policy. If the Product arrives damaged or is not as described on the Product information page Preemadonna will accept returns as follows: All returns must be made within 14 days after the Product shipment date. In order to receive a refund, returned Products must be unused and returned in accordance with the instructions you receive after contacting us at (customer service email). You are responsible for the cost of shipping the returned Product.
- vii. Product Disclaimer. WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. PREEMADONNA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
Fees. If you choose to purchase one or more of the Offerings provided on our Services, or as offered in our Marketplace, you agree to pay all fees associated with the Offerings currently listed at (http://www.preemadonna.com/products).
This site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, such as Paypal.com or Stripe.com. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service.
Overdue Amounts. If, for any reason, your credit card Preemadonna declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4. Services Conduct, Posting Policies & Third Party Websites
Product Guidelines. Of the offerings made through the Services, additional guidelines or requirements may be found in the description of individual products. at (http://www.preemadonna.com/products). These additional guidelines are provided in relation to the individual product and are hereby incorporated into these Terms.
User-Created Designs or Content Guidelines: Your use of the Services and related Services is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Services or through our Services. Users are responsible for the Designs they create and terms under which they are offered. By posting designs or information, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Services, you agree that you will not post comment, message, link, code or other information that:
- i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- ii. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- iii.infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- iv.consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- v.contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- vi.breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Services, or attempts to gain access to other network or server via your account on this Services;
- vii. impersonates any person or entity, including any of our employees or representatives.
No Endorsement. Preemadonna neither endorses nor assumes any liability for any material uploaded or submitted by users or affiliates on any part of the Services. Although we do not pre-screen, police or monitor comments posted on the Services, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Services, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Reliance on Information Provided. Through this Services and Services offered by Preemadonna including but not limited to, Services Content, Coaching and Class Services, we offer content and services meant to be educational in nature. Due to the variety of opinions and methods employed by Preemadonna's agents and affiliate, we do not undertake to warrant the accuracy, completeness or suitability of all information provided on the Website or Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users, or by anyone who may be informed of any of its contents. If you are seeking counseling services, it is recommended you seek outside counseling and, if needed, crisis support.
Third-Party Services and Information. We may utilize third party services to deliver our offerings, additionally, we may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Services or party by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Service may send you promotional material according to interests you have communicated to us. These communications may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Membership: From time to time, this Service may introduce new features, functionality, membership levels or programs such as our Ambassador program. Access to features and payment policies will be discussed in more detail in respective policies. In no event shall any level of membership or participation in programs such as the Ambassador program, abridge the rights and obligations arising under these Terms of Service.
5. Preemadonna Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Services and is owned by Preemadonna or its Affiliates.
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Services is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Preemadonna or its Affiliates.
Certain of the ideas, software and processes incorporated into the Offerings available on this Services may be protected by patent applications pending in the United States and select foreign jurisdictions.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Services in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Services content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Services will not infringe the rights of third parties.
Use of your likeness: By your participation in events or features you understand that your likeness, comments and content may be used or re-broadcast by Preemadonna. You agree and warrant that you have received permissions to participate to the extent it may be required.
6. Content You Create.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Preemadonna-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your copyright has been infringed by Preemadonna-or User Content provided on this Services, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Services is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
Counter-Notification If material that you have posted to our Services has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal district court in the State of Texas and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- Your physical or electronic signature.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Notices for Copyright/DMCA purposes may be sent to DMCA_Agent@preemadonna.com.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Preemadonna and will not be returned to you.
8. Privacy & Security
Login Required. In order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Services, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Info about you as necessary to deliver the offerings you may select.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Services shall be limited to the amount you paid us for Offerings purchased on the Services during the two (2) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Services, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Services will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith under these Terms, as well as your liability for any unpaid fees, shall survive any termination.
12. Miscellaneous Provisions
International Use. Although this Services may be accessible worldwide, we make no representation that materials on this Services are appropriate or available for use in locations outside the United States. Those who choose to access this Service from other locations do so on their own initiative and at their own risk. If you choose to access this Service from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Service is void where prohibited.
Governing Law. This Services and attendant Services are controlled by us from our offices in California, and the statutes and laws of the State of California, shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the State court of California, or the U.S. District Court for California, with respect to such matters controlled by that court.
Notices. All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org by email. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Services, or use of or access to this Services or Offerings provided through this Services, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Services is in conflict or inconsistent with these Terms, these Terms shall take precedence.