Terms & Conditions

Terms & Conditions

Effective date: May 1, 2017

TedLeonhardt.com, LLC, doing business as NAIL the Magazine (“NAIL” or “We”) provides you with use of the www.nailthemagazine.com website (the “Site”), including any services, content, or information on the Site subject to the Terms and Conditions of use as set forth in this document, as may be amended from time to time (these “Terms”). In addition, when using the Site, you shall be subject to any posted guidelines, rules, or terms applicable to such Site, which may be changed by NAIL from time to time. Please read these Terms and our Privacy Policy (the “Privacy Policy”) carefully prior to using our Site. By accessing or otherwise using the Site, you agree to be bound by these Terms. These Terms may change from time to time in the sole discretion of Leonhardt, and your use of the Site after such changes shall constitute your agreement to abide by the terms as changed. If you do not agree to the Terms, you may not access or use the Site.

IN THESE TERMS, THE TERMS “USER”, “YOU”, AND “YOUR” MEANS ANY AND ALL PERSONS USING THIS SITE. THESE TERMS ARE A CONTRACT BETWEEN YOU AND NAIL AND GOVERNS YOUR USE OF THE SITE. BY USING THE SITE YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THESE TERMS, THE PRIVACY POLICY, AND ANY OTHER RELATED CONDITIONS LOCATED ON THE SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE.

  1. General Site Use

    1. Limited License
      You are granted a limited, revocable license to access and use the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; (iii) framing or using framing technology to enclose any Site content without our express written consent; and (iv) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services marks. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download materials for your own personal use only; provided that (i) you keep intact all copyright and other proprietary notices and (ii) you make no modifications to the materials. Except as expressly provided herein, NAIL does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. NAIL may terminate this license and your rights to use the Site for any reason at any time.

    2. Intellectual Property Rights
      All content, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of NAILThe Site design, text and graphics, and the selection and arrangement of such elements, are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights. You must not use such marks without the prior written permission of the Company.

      The content and trademarks on this Site are displayed only for your personal use.

    3. Links to Other Materials
      You must not link (including deep linking) to our Site without prior written authorization from Leonhardt.

      Linked sites are not under our control, and NAIL is not responsible for the content or practices of any linked site or any link contained in a linked site. NAIL reserves the right to terminate any link or linking program at any time. NAIL provides such links only as a convenience to you. NAIL has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links and make no warranties or representations regarding such sites or the information or content appearing on such sites. NAIL accepts no liability whatsoever and howsoever arising in relation to any such other sites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other sites) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our Site by way of hyperlink or any other means. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

    4. User Warranties
      As a condition of your use of this Site, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or is prohibited by these Terms of Use.

      For example, you may not use our Site:

      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • for the purpose of harming or attempting to harm any third party in any way (in particular minors);
      • to send, knowingly receive, upload, download, use or re-use any material which:
        • is inaccurate, discriminative, defamatory, obscene, threatening, deceptive abusive, profane or offensive (or is likely to be perceived as such);
        • promotes violence or any other illegal or immoral activity;
        • is in breach of anyone else’s intellectual property; or
        • such that the use adversely affects the performance or availability of the Site;
      • in breach of any of our Terms;
      • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of solicitation;
      • to knowingly transmit any viruses, worms, Trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs; or
      • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
    5. Minors; Territory
      The Site may not be accessed by persons under the age of 13. NAIL operates this Site from its offices within the United States. NAIL makes no representation that content and materials on this Site are legal or appropriate for use outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use this Site in violation of United States export laws and regulations.

    6. Privacy
      By using this Site, you agree to the terms of our Privacy Policy. Please read our Privacy Policy which sets out how we intend to use or to not use and to share or not share any personal data you may choose to share with us via the Site. The Privacy Policy can be found at: www.nailthemagazine.com/privacy-policy.

  2. Disclaimer of Warranties
    1. General
      LEONHARDT MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NAIL UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.

    2. Non-Reliance of Information
      The information contained on this Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change information on this Site at any time without prior notice. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.

      Commentary and other materials appearing on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

      If you feel that any information appearing or posted on our Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms, please let us know by contacting us at Ted@Tedleonhardt.com.

    3. No Warranties
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. NAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

  3. Limitation of Liability and Remedies

    1. Exclusion
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NAIL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR ANY ASSOCIATED PRODUCT OR SERVICE, EVEN IF NAIL KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ITS ASSOCIATED PRODUCTS AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

    2. Indemnification
      YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD NAIL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHICH NAIL MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF THE SITE, THE USE OF ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, YOUR LINKING TO THE SITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS. YOU FURTHER AGREE TO IDEMNIFY NAIL FOR ANY DAMAGES TO NAIL DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

  4. General Terms
    1. Jurisdiction
      These Terms shall be governed by and interpreted according to the laws of the State of Washington, without regard to conflict of laws principles. NAIL and you agree that all disputes and litigation regarding these Terms, the Site and matters connected with the Site’s performance or relating to the use of the Site shall be subject to jurisdiction and venue in the state and federal courts in Seattle, Washington, and each consents to such jurisdiction and venue. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

    2. Equitable Relief
      You recognize and acknowledge that a breach by you of any of your obligations under these Terms will cause NAIL irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of Leonhardt’s goodwill, reputation, or rights in the Site, NAIL shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss or dilution.

  5. Waiver and Severability
    The Terms and the Privacy Policy constitute the entire agreement between you and NAIL concerning your use of the Site, superseding any prior agreements between you and NAIL with respect to the Site. These Terms do not purport to govern any other relationship between you and Leonhardt.

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

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

    Leonhardt may (1) assign its rights and duties under the Terms to an affiliate at any time without your consent and (2) may assign your information to a third party without your consent, in connection with a sale of all or part of NAIL or its assets. You may not assign your rights under these Terms without Leonhardt’s advance written consent, and any assignment made by you without Leonhardt’s consent is void.

    Please contact NAIL at Ted@Tedleonhardt.com if you have any questions or if you believe any aspect of the Site or the information on it violates your rights.

Date of Last Change: May 19, 2017