PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and ask that you do the same. Copyright infringement is governed by the Digital Millennium Copyright Act. Thus, the infringement on the intellectual property rights of others will not be tolerated and may result in the termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any user posted content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information at the address below:
Nigelbeauty.com
11252 Magnolia Boulevard,
North Hollywood, CA 91601
- a signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or posting content by you on the Site, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
You agree that none of The Protected Parties shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against The Protected Parties (including but not limited to claims based upon the negligence of any of The Protected Parties) for losses or damages you sustain in connection with your use of this Site. Thus, the total liability of The Protected Parties, if any, for losses or damages shall not exceed the fees paid by you, the user, to the Company for the particular information, service or product provided. Under no circumstance shall any of The Protected Parties be liable to you for any indirect, special, incidental, consequential or punitive damages arising from any use of this Site or its Content.
In addition, none of The Protected Parties will be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, loss of all your user generated content, that and damages or losses you incur in the event of any failure or interruption of this Site or our equipment, or resulting from the act or omission of any other party involved in making this Site available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the Site, the Content, or your posted content whether or not the circumstances giving rise to such cause may have been within the control of any of The protected Parties.
Some States do not permit the exclusion of damages or limitation of liability as described above, so this limitation of liability may not apply to you. If any part of this limitation does not apply to be invalid or unenforceable, then the aggregate liability of The Protected Parties shall not exceed one hundred ($200) dollars. Despite the foregoing, any remedy determined to have failed its essential purpose, all Limitations of Liability, Disclaimers of Liability, and Exclusions of Liability shall remain in effect.
THIRD PARTY RIGHTS
The provisions of paragraphs I (Indemnification) and J (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
FRAUD PROTECTION PROGRAM
In an effort to control unauthorized and/or illegal activity, Company screens incoming orders to protect our customers as well as our company from fraud. If there is reasonable cause to suspect such activity, Company also reserves the right to decline the order. You will however be notified by our Customer Service department and may be asked to verify and/or provide information for further verification.
PRODUCT INFORMATION
Availability: Most products displayed on this Site can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notified via email. Some products available on this Site may not be available in Company retail store.
Pricing: All prices quoted on this Site are in U.S. Dollars. Company has no control over and makes no guarantees with regard to exchange rates and fees that may be used by financial institutions outside the continental U.S. for orders placed through them.
Product Information & Use: All of the products purchased from Company should be used in accordance with the manufacturer's instructions, precautions and guidelines. Parents or legal guardians of all minors should consult the minor’s physician prior to allowing their minor child to use products or services from Company. Reference to or presentation or sale of any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
Color Information: The manner in which colors are displayed may vary depending on your monitor. Company has taken reasonable measures to ensure accuracy of colors but cannot guarantee that you will be viewing them exactly as intended.
MISCELLANEOUS.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you in regards to these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located in the County of Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Company and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.