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Welcome to Nail Curator. Thank you for shopping with us. This website is operated by Nail Curator. Throughout the Site, the terms “we”, “us” and “our” refer to Nail Curator. By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these “Terms” ( Terms and Conditions ) . These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1. Account Creation; Eligibility
Nail Curator reserves the right, at any time, to modify or update the terms, without prior notice to the Customer. Your use of the Nail Curator website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. Nail Curator also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the site.
3. Usage Restrictions
You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. We reserve the right to refuse service to anyone for any reason at any time.The content of the site is intended solely for the personal, noncommercial use by the users of our site. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. Nail Curator reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the site. Violations of system or network security may result in civil or criminal liability. Nail Curator investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Nail Curator server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our site, our provision of services to any other visitors to our site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “email bombing” or “crashing” the site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our site; (v) posting any information that is incomplete, false, inaccurate or not your own; (vi) communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; (vii) post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (viii) advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation; (ix) submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content; (x) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (xi) abuse, defame, threaten, intimidate, stalk, harass, or harm another individual; (xii )impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; (xiii)use any means to scrape or crawl any web pages contained on the site; (xiv) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the site; (xv)attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the site; or (xvi) advocate, encourage, or assist any third party in doing any of the foregoing.
4. Termination of usage
Nail Curator may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of the site, without notice, for any conduct that Nail Curator, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Nail Curator.
5. Terms of Sale
5.1 Orders, Pricing, Payments
Nail Curator strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Nail Curator, in Nail Curator’s sole discretion. Your purchase is for your own use, not for resale or export.
5.2 Purpose of Sales
All sales of products by Nail Curator are limited to personal use and may not, without the express prior written approval of Nail Curator, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
The displayed colours of the Products depend upon the monitor of the user, and Nail Curator cannot guarantee that the user’s monitor will accurately portray the actual colours of the Products.
The nail polishes used on the press on nails are toxin free. Nail Curator is only the retailer and will not be held liable for any adverse / allergic reactions to the nails as we are not the formulators / manufacturers of the product.
You may track your order at any time using the tracking number we provide to you after your order has been processed and shipped. Your product should reach you within 7 - 14 days, if not, earlier. If your product hasn’t been delivered to you within the stipulated time period, please reach out to email@example.com.
5.5.1 Damaged Orders
Claims for damaged items must be filed within 5 business days of delivery. Please inspect your items immediately upon delivery. Claims must be reported to firstname.lastname@example.org with images of the damaged products. Claims received after 5 business days of delivery will not be processed. Please keep all damaged packaging materials, including the box and all inside contents. Nail Curator will note the issue with the carrier in order to file a damage claim. Damage claims will aid in the refund and replacement of your item by the carrier. Packaging materials must be kept or we will be unable to process a damage claim with the carrier. For more info, refer Refund and Cancellation.
5.5.2 Lost Items
Please note that we are not responsible for any lost items. We understand that sometimes things can get lost along the way. If your package was marked as delivered by the mail carrier, but you have not received it, please make sure to double check that you have input the correct address in your initial order. If there is an error, your order is most likely on its way to us and we will ship it right back out to your correct address!
5.5.3 Stolen Items
Please note that we are not responsible for any stolen items.
If your package was stolen, please email us at email@example.com so we can file a mail theft claim on your behalf with Ithink Logistics as well as a complaint should be filed by you with your local police station.
The Nail Curator support team will answer all inquiries as soon as possible. If for any reason, you don’t want your product (purchased from the site), Nail Curator will provide an exchange or refund you so long as such Product is unused and undamaged with the original packaging and tags attached, and the return to Nail Curator is initiated within 5 days of receiving your Product with all original packaging and the receipt of purchase. If you would like to return a Product, please email firstname.lastname@example.org and we will assist you from there. When Nail Curator’s warehouse accepts your return, they will process the refund / exchange of your order. PLEASE NOTE THAT ALL REFUNDS ARE EXCLUSIVE OF SHIPPING COSTS, HANDLING, GIFT BOX, RESTOCKING FEE AND OTHER APPLICABLE CHARGES. For any questions, comments or concerns regarding RETURNS OR EXCHANGES please email email@example.com . Notwithstanding any provision to the contrary herein, all sale for Products that contain customization and/or personalization, ARE FINAL and cannot be returned.
6. Proprietary Rights
As between you and Nail Curator, Nail Curator is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the site, and is the copyright owner or licensee of the Materials and Content on the site, unless otherwise indicated as well as the logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”). You agree not to display or use the Intellectual Property in any manner without Nail Curator’s prior written permission. Nothing on the site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Nail Curator. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Nail Curator. If you make use of the site, other than as provided herein, in doing so you may violate copyright and other laws, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
7. User Content; Social Media Agreement
Certain features of the site may permit users to upload, submit, and post content to the site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the site. Nail Curator uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. Nail Curator does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the site and expressly disclaims any and all liability in connection with User Content submissions. Nail Curator disclaims any and all liability in connection with User Content, and you agree that Nail Curator and its third- party service providers are not responsible, and shall have no liability to you, with respect to any User Content. By providing User Content via the site or Social Media Assets, you affirm, represent, and warrant that: a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Nail Curator and users of the site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Nail Curator, the site, and these Terms; b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Nail Curator to violate any law or regulation or otherwise cause liability for Nail Curator; and c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate (d) submit or post on the site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #NailCurator, #NC or any other Nail Curator promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non- proprietary. By submitting or posting any User Content, you grant to Nail Curator a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish,
broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content.
(e) Nail Curator will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
(f) Nail Curator shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Nail Curator retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
8. License and Access
By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant Nail Curator a perpetual, irrevocable, royalty-free, sub-licensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the site to other users of the site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the site.
You agree to indemnify, defend, and hold harmless Nail Curator, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including
reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
10. Third party links
In an attempt to provide increased value to our visitors, Nail Curator may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Nail Curator, Nail Curator has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nail Curator. Nail Curator has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nail Curator seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
By creating an account, you agree to the Terms mentioned herein. By texting Nail Curator from your mobile phone, You agree to receive recurring messages via sms or WhatsApp / email from Nail Curator on your mobile phone and/or to your email. Consent is not a condition of purchase. To stop receiving promotional messages, Reply STOP to the email id firstname.lastname@example.org Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages. Additionally, if you agree to text communications for same day delivery, you may receive messages from Nail Curator or its Service Providers relating to your order.
12. Mobile Service, Internet and Service Fees
The following section applies to users of Nail Curator's website from their mobile application (the "Application"): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Nail Curator, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
13. User comments, feedback and other submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these.
14. Applicable laws
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
17. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Nail Curator, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility, then the limitation of liability for consequential or incidental damages shall be limited to the maximum extent permitted by law.
18. Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.
Every piece of Nail Curator has been carefully designed and curated with love to give you the most gorgeous options for your nails. We are committed to bringing you the best nails to choose from with each of our collections.