Dated: November 5, 2012
nailezee.com (the “Website” or “Site”) is the property of Farlex Inc. (“Farlex”), all rights reserved. By using the Website, the user (“You”) signify Your assent to these Terms and Conditions. If You do not agree with any of the below Terms or Conditions, You are prohibited from using the Website. Farlex reserves the right, in its sole discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the Website following the posting of changes to these terms means You accept these changes.
All Content on nailezee.com is for informational purposes only. Any inquiries concerning these Terms and Conditions of Use should be directed to:
1. Content: All Content is provided “as is” without warranty of any kind. Farlex does not make any warranty whatsoever, express or implied, as to the accuracy or completeness of the Content or the results to be obtained from using the Content, and Farlex will not be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained therein. The entire risk of the results and performance of the Content is assumed by You, the user. Further, neither Farlex nor any of its data suppliers make any representations or warranties, either express or implied, with respect to the Content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the Content or any information contained therein. In no event will Farlex or any of its data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Content or for any loss or damage of any nature caused to any person as a result of that use.
2. Advertisements and Links to Other Websites: This site contains links to third-party websites including advertisements. Neither Farlex nor any of its data suppliers endorse any of the content such links provide or the products and services these websites offer.
3. Copyright Information: nailezee.com contains copyrighted material, trademarks and other proprietary information. Unless otherwise noted, all Content on nailezee.com is the sole and exclusive property of Farlex, Inc. The proprietary information belonging to Farlex includes, without limitation, the Content contained in:
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4. No Duplication or Redistribution: Material contained in the Content may not be duplicated or redistributed without the prior written consent of Farlex, except that one print copy of search output is permitted for use within Your home, and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
5. No Modification: You will not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the Content, in whole or in part, found on the Site. You agree that all rights to the Site, Content and any derivative work will remain with nailezee.com. You will download copyrighted Content solely for Your personal use, but will make no other use of the Content without the express written permission of nailezee.com and the copyright owner. You will not make any changes to any Content that You are permitted to download under this agreement, and in particular You will not delete or alter any proprietary rights or attribution notices in any Content. You agree that You do not acquire any ownership rights in any downloaded Content.
6. Third-Party Information: Some articles, including the content from Wikipedia®, are distributed under the terms of . We always strive to make nailezee.com the best dictionary resource on the World Wide Web. We sometimes provide users with access to multiple sources of data when accessing our services and provide attribution to such sources in accordance with the relevant law and arrangements with third parties. Some information on our site is provided by third parties and edited by our staff. Check the copyright notice immediately following such articles for more information.
7. No Spiders: Any use of automatic crawlers (spiders) for any purpose excluding search indexing is expressly prohibited.
8. Indemnification: You agree to defend, indemnify and hold harmless nailezee.com (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, and licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and costs, arising out of Your use of the Site or Your breach of any provision of this agreement. nailezee.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You will cooperate as fully as reasonably required in the defense of any claim.
9. Applicable Law/Jurisdiction: You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that Your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that this Agreement shall be governed by and construed with the substantive and procedural rules of the State of New York applicable to agreements entered into and wholly performed therein, without reference to the principals of conflicts of laws. The courts sitting in New York County, New York shall have exclusive jurisdiction over this Agreement and the parties hereto hereby consent to personal jurisdiction in the State of New York and waive any and all objections to venue being placed in New York County in connection with any dispute arising from this Agreement and including any claim involving nailezee.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Farlex controls and operates the Website from its offices in the United States of America. Farlex does not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
10. No Agency or Joint Venture: This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, employee, or representative.
11. LIMITATION OF LIABILITY:
IN NO EVENT SHALL FARLEX, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF FARLEX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
FARLEX REPRESENTS AND WARRANTS THAT: IT (I) HAS THE FULL AUTHORITY TO ACT ON BEHALF OF ANY AND ALL OWNERS OF ANY RIGHT, TITLE AND INTEREST IN AND TO ANY CONTENT, DIGITAL MASTERS, ARTWORK AND METADATA REPRESENTED HEREUNDER; (II) IT HAS FULL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO FULLY PERFORM ITS OBLIGATIONS HEREUNDER, AND HAS OBTAINED ALL THIRD-PARTY CONSENTS, LICENSES AND PERMISSIONS NECESSARY TO ENTER INTO AND FULLY PERFORM ITS OBLIGATIONS HEREIN; AND (III) THAT COMPANY CAN ONLY CONVEY AND WARRANT THE RIGHTS AND INTERESTS, AS OWNED AND CONVEYED BY THE UNDERLYING RIGHTS OWNERS.