PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY PEDICURE.COM LLC., ITS SUBSIDIARIES, OR ITS AFFILIATES (COLLECTIVELY, “PEDICURE,” “WE,” OR “US”). BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO RIGHT TO USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
ACCESS TO THE SERVICES. The PEDICURE beauty and shopping network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by PEDICURE in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the PEDICURE website and any goods or services PEDICURE performs for you and the content, software, tools, and features offered by PEDICURE on the PEDICURE website (including, without limitation the Video Player (as defined below)). PEDICURE may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). PEDICURE may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. PEDICURE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE PEDICURE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
PEDICURE does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to PEDICURE or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
You represent and warrant to PEDICURE that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services are offered by PEDICURE from its facilities in the United States of America. PEDICURE makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
WEBSITE AND SERVICES CONTENT. The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by PEDICURE in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from PEDICURE, or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, PEDICURE may revoke your right to so link at any time, at PEDICURE’s sole discretion. PEDICURE reserves the right to require prior written consent before linking to the Services.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by PEDICURE in connection with a feature of the Services.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that is confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PEDICUREPEDICURE user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
WARRANTY DISCLAIMERS. PEDICURE has no special relationship with or fiduciary duty to you. You acknowledge that PEDICURE has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PEDICURE from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. PEDICURE makes no representations concerning any content contained in or accessed through the Services, and PEDICURE will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. PEDICURE makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from PEDICURE or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE PEDICURE WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE. The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from PEDICURE’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or anything on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. PEDICURE does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with PEDICURE and select a password and user name (“PEDICURE User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), PEDICURE may require that your PEDICURE User ID be the same as your user name for such third party site or service. You shall provide PEDICURE with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a PEDICURE User ID a name of another person with the intent to impersonate that person; or (ii) use as a PEDICURE User ID a name subject to any rights of a person other than you without appropriate authorization. Sugar reserves the right to refuse registration of, or cancel a PEDICURE User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to PEDICURE, and you are consenting to have the information in those accounts transmitted into your PEDICURE account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
INDEMNITY. You will indemnify and hold PEDICURE, its parents, subsidiaries, affiliates, officers and employees, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PEDICURE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE PEDICURE WEBSITES OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND PEDICURE’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION. This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. PEDICURE may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. PEDICURE may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
ARBITRATION AND MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. PEDICURE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PEDICURE’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with PEDICURE’s prior written consent. PEDICURE may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
COPYRIGHT DISPUTE POLICY. PEDICURE has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of PEDICURE’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is PEDICURE’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that PEDICURE is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is PEDICURE’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that PEDICURE will terminate such content provider’s, member’s or user’s access to the service.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- 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 disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which PEDICURE is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Designated Agent, PEDICURE may send a copy of the counter-notice to the original complaining party informing that person that PEDICURE may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at PEDICURE’s discretion.
Please contact PEDICURE’s Designated Agent to Receive Notification of Claimed Infringement at the following email address: email@example.com
FTC DISCLOSURE REQUIREMENTS. PEDICURE aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) some links are affiliate links and pedicure.com receives a small percentage of sales.
Effective: May 1, 2013.