Turnix (nailib.com is a product of Turnix), a Uttar Pradesh sole proprietorship (Turnix (nailib.com is a product of Turnix),” “Company,” “us,” or “we”), provides www.nailib.com and the other websites under the nailib.com domain (collectively, the “Sites”), and our SaaS product, video tutorials, tools, and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
This Agreement describes our responsibilities to you and your responsibilities to us. Unless otherwise specified below, this Agreement constitutes the entire agreement between us. By using the Sites and/or the Service in any manner, you agree to abide by these Terms of Service, our Privacy Policy, EU & Swiss Privacy Policy, our File Submission Guidelines, and any other legal notices or conditions or guidelines posted on the Sites.
If you have any questions about this Agreement or Turnix (nailib.com is a product of Turnix), please contact us through email at support@nailib.com , or at the following addresses:
Australia 
Level 35,
200 Barangaroo Ave,
Sydney, New South Wales,
Australia, 2000
Acknowledgement and acceptance of terms
Futhermore, when using the Service, users i.e. you will also be subject to any posted guidelines or rules applicable to the Service, which may contain additional terms and conditions. You agree to the Terms of Service, the Privacy Policy, which is incorporated herein by reference, the EU & Swiss Privacy Policy, and the File Submission Guidelines by using the Service or accessing the Sites. If you disagree, you may not use the Service.
Our Service may integrate with other services on a variety of third-party platforms, such as Ecommerce Payment Processors (as defined below). Please note that additional terms of service may apply to your actions on each of these platforms.
Certain components of the Service may be subject to additional terms and conditions stated by us from time to time; your use of such components of the Service is subject to such additional terms and conditions, which are incorporated by this reference into these Terms of Service. The Service's prices are subject to change upon thirty days' notice from us. This notification may be made at any time by publishing the modifications to the Nail IBSite or the Service itself. For any modification, price change, suspension, or discontinuance of the Service, Turnix (nailib.com is a product of Turnix) shall not be liable to you or any third person.
Eligibility
The Service is restricted to those 13 years of age and older. If you are 13 or older but under the age of 18, or the legal age of majority where you live if that age is higher, then you agree to check these Terms of Service with your parent or guardian to ensure that both you and your parent or guardian understand and agree to these Terms of Service. You consent to have a parent or legal guardian examine and approve these Terms of Service on your behalf. If you are a parent or guardian consenting to these Terms of Service on behalf of a child over the age of 13, you accept full responsibility for that child's use of the Service, including any financial costs and legal liabilities incurred.
We reserve the right, in our sole discretion, to refuse to provide the Service to anyone or any organisation and to amend the eligibility requirements for using the Service at any time. The right to use the Service is cancelled when these Terms of Service or use of the Service is illegal, or where the offering, sale, or distribution of the Service violates any law, rule, or regulation.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms of Service, in which case the terms "you" or "your" shall refer to such entity, its affiliates, and associated users. If you do not have the power to accept these Terms of Service or if you do not agree with them, you must not accept them and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and that you are solely liable for any disputes that may arise as a result of your use of the Service on behalf of such a company or other legal entity.
Account information
Registering for an account - You must register and establish an account before using the Service (including your full name, password, and email address). If you want to upgrade your account, you will also be required to supply payment information. Nail IB (nailib.com is a product of Turnix) accounts provide you with access to the Service and any additional features that we may build and maintain from time to time at our sole discretion. We may keep several account types for certain user demographics. If you open a Nail IB (nailib.com is a product of Turnix) account on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on behalf of the entity. By connecting Nail IB (nailib.com is a product of Turnix) to a third-party service, you grant us permission to access and use your information from that service as authorised by that service, as well as to keep your login credentials for that service. To learn more about the sorts of information we collect from these third-party services, please see our Privacy Policy. We retain the right to recover usernames on behalf of companies or people with legal claim or a registered trademark on certain usernames.
Your responsibility for your account - You are responsible for taking every precaution to ensure that no unauthorised person has access to your account or password. You must give correct and comprehensive information while establishing an account. We recommend that you use "strong" passwords (passwords that contain a mix of upper- and lowercase letters, digits, and symbols) with your account. It is solely your duty to I control the dissemination and use of your account and password, and (ii) quickly notify us of any need to deactivate a password or account. We are not liable for any damages resulting from the theft or disclosure of your password. You are required to tell us promptly of any unauthorised use of your account or password, as well as any breach of confidentiality. You are entirely liable for any harm caused by the use of your account and login. You are not allowed to use your account or password to compromise the security of another account.
How to control your account - Changing your settings gives you control over your account and how you interact with the Service. You consent to our use of your email address to send you Service-related communications, including any notices required by law, in place of communication by postal mail by supplying us with your email address. We may also use your email address to send you additional communications, such as updates to Service features. You cannot opt out of receiving these notifications until you terminate your account. Please see our Privacy Policy and our EU & Swiss Privacy Policy for additional details.
What we own
Except for User Content (as defined below), all materials on the Service, including mini-applications that integrate other applications and services ("Recipes") and the Service itself, as well as all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code, and associated documentation (collectively, the "Content"), are owned by or licenced to us.
Nail IB (nailib.com is a product of Turnix) does not provide the user any licence, express or implied, to the intellectual property of Nail IB (nailib.com is a product of Turnix) or its licensors, except as expressly specified above. No portion of the Service or Content may be copied, reproduced, sold, reprinted, communicated, displayed, reposted, or otherwise disseminated for public or commercial purposes, unless as specifically permitted in the Terms of Service.
Nail IB (nailib.com is a product of Turnix) grants you a non-exclusive, revocable licence to use the Service, including the Recipes, as expressly authorised by the features and functionality of the Service and the Terms of Service, subject to the terms and conditions of this Agreement. Nail IB (nailib.com is a product of Turnix) may revoke this licence at any moment and for any or no cause.
User generated content
We may currently or in the future permit you to post or publish material on the Service or upload content to the Service, including but not limited to your IAs, EEs, Examination papers that you have made and provided, blog or forum entries, pictures, and photographs. The term "User Material" refers to any content that a user submits, posts, displays, or otherwise makes accessible via the Service, including all Intellectual Property Rights (as defined below). Please note that all Resources submissions must adhere to the IB Resources Submission Guidelines. You maintain control of all User Content you create. We are under no duty to keep, preserve, or furnish you with a copy of your User Content. You are solely liable for any User Content that is deleted or irretrievable as a result of your use of the Service. You are recommended to regularly and frequently archive your User Content.
In addition, you may choose to or we may encourage you to contribute comments, suggestions, or feedback regarding the Service, including, but not limited to, how to improve the Service or our services (the "Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Nail IB (nailib.com is a product of Turnix) under any fiduciary or other obligation, and that we are free to use the Feedback without further compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You additionally recognise that Nail IB (nailib.com is a product of Turnix) does not renounce any rights to utilise identical or comparable Feedback already known to Nail IB (nailib.com is a product of Turnix), or produced by its employees, or acquired from sources other than you, by accepting your input. In addition, you agree that all emails and other correspondence you provide to us will become our exclusive and exclusive property.
"Intellectual Property Rights" refers, for the purposes of this Agreement, to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, as well as all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You are the sole owner of all User Content you upload or publish on the Service. You give us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide licence ("User Content License") to use, edit, reproduce, display, and distribute your User Content on the Service for the purpose of operating and delivering the Service to you and other users. You acknowledge and agree that the Service is a public forum and that other users may search for, view, use, and/or repost any User Content that you make publicly accessible via the Service.
Rules
User content
You agree that any User Content you submit does not and will not violate any law or infringe any third-party rights, including, without limitation, any Intellectual Property Rights, publicity rights, or privacy rights. If you believe that any User Content violates your rights, or if you want to contest User Content that has been removed from the site, please refer to Section 13 of Nail IB's Copyright Policy. We have the right, but have no obligation, to reject and/or remove any User Content that, in our sole judgement, violates the Terms of Service.
You agree to refrain from posting User Content that:
may provide a risk of danger, loss, damage, bodily or mental injury, emotional anguish, death, disability, deformity, or physical or mental disease to you, to other individuals, to animals, and to property.
Intends to damage or exploit children by exposing them to improper content, requesting personally identifying information, or by other means.
contributes to or constitutes a crime or tort
contains any information or content that we find unlawful, dangerous, abusive, racially or ethnically insulting, defamatory, infringing, harassing, publicly or privately humiliating, libellous, threatening, or otherwise objectionable.
include software or other content that violates or infringes upon the intellectual property rights (or privacy or publicity rights) of a third party.
consists of any information or material for which you have not secured the requisite rights or permissions to use properly or to make available under any law or under contractual or fiduciary obligations.
contains any unlawful information or material (including, without limitation, the publication of insider knowledge in violation of securities legislation or trade secrets of a third party)
contains any information or material of which you are aware to be inaccurate or out-of-date, or
includes nudity in a sexual setting, exposed genitalia, and all content with adult themes.
User of the Content
Your use of the Service must comply with all laws and regulations in effect.
You may not:
"deep-link", "page-scrape", "robot", "spider" or other automatic device, programme, algorithm or methodology, or any manual process, to access, acquire, copy, or monitor any portion of the Service or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not intentionally made available through the Service is prohibited.
Examine, scan, or test the Service, any Content, or any system or network linked to the Service for vulnerabilities
You may not do a reverse lookup or trace any information of another user or visitor, or otherwise use the Service to gather information about another user or visitor.
Send unwanted email including spam, chain letters, and other unsolicited email
in our sole opinion, create an excessive or disproportionately significant burden on our infrastructure.
Through the Service, you may not upload faulty data, viruses, worms, or other software agents.
impersonate another person or entity, commit fraud, conceal or attempt to conceal your identify, or misrepresent your association with a person or entity are prohibited.
Do not release any information without permission to do so (such as confidential information of others, including their personally identifiable information)
interfere with or try to interfere with the normal running of the Service or any Content, or any systems or networks connected to the Service, or with any other person's use of the Service.
conduct, engage in, or otherwise handle End User information or data for the illegal or discriminatory analysis of individuals or groups of natural people
use the Service or any Content for any unlawful or forbidden by the Terms of Service purpose, or
storing or collecting any personally identifiable information that is considered sensitive or requires particular safeguards according to current legislation. Social Security numbers, passwords, and credit card information are examples.
Any illegal use of the Service or any Content may constitute a violation of copyright, trademark, and other relevant laws, and may result in criminal and/or civil penalties.
Use of software
Any software accessed through the Service shall be governed by the terms of the licence agreement that accompanies the software or is posted with the software on the Sites where the software can be accessed; however, if no such licence agreement is available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive licence to use the software for your personal, noncommercial use in accordance with the Terms of Service. In the case of a discrepancy between the Terms of Service and a licencing agreement, the licence agreement shall control the software.
You are not permitted to decompile, reverse engineer, or otherwise attempt to uncover the software's source code. You are prohibited from sublicensing the Service, downloading or modifying any element of the Service, or reselling the Service. If you break the Service Terms, we have the right to immediately terminate your permission to use the Service.
The programme may periodically update automatically. These updates are intended to improve, enhance, and further develop the product, and may include bug patches, new software modules, and entirely new versions. As part of your use of the programme, you consent to receive such updates (and for us to transmit them with or without your awareness).
Third-party content
User Content
We are not liable for and do not necessarily endorse the viewpoints stated by our users, content contributors, and third parties; these opinions and other statements are theirs alone, not Nail IB's. Content provided by users or other parties is their sole responsibility, and neither its correctness nor its completeness are approved or guaranteed. You accept that, by allowing you to read and submit material through our Service, Nail IB (nailib.com is a product of Turnix) assumes no duty or liability in relation to the content. Nail IB (nailib.com is a product of Turnix) and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders I do not undertake or assume any obligation to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability arising from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresent Nail IB (nailib.com is a product of Turnix) maintains the right, notwithstanding the above, to restrict or delete messages, posts, or content at any time, at our sole discretion.
Nail IB (nailib.com is a product of Turnix) assumes no responsibility and is not liable for any User Content that you, another user, or a third party uploads or transmits over the Service. Nail IB (nailib.com is a product of Turnix) is not responsible for your interactions with other users or for any user's acts or inactions. You alone are responsible for your User Content and the consequences of uploading or publishing it, and you acknowledge that we are just serving as a passive conduit for the online distribution and publication of your User Content. You acknowledge and accept that you may be exposed to User Content that is incorrect, offensive, inappropriate for children, or otherwise unsuitable for your intended use, and you agree that Nail IB (nailib.com is a product of Turnix) is not liable for any damages you claim to experience as a consequence of User Content. Nail IB (nailib.com is a product of Turnix) has the right, but not the duty, to monitor conflicts between you and other users.
Links
We may provide links to the websites of other parties. We neither endorse nor advocate the content of any third-party website. We are not responsible for the content or accuracy of connected third-party websites, and we make no claims or guarantees about them. The use of third-party websites is at your own risk and subject to the website's terms and conditions. You relieve us from any and all liabilities resulting from your use of any third-party website.
Billing and payment
Users may be requested to transmit their credit card information to Company or the payment service provider (PSP) employed by Company. Users shall be responsible for paying the Service's agreed-upon fees. Users are responsible for any taxes ("Taxes") due to be paid on the Service delivered according to the Agreement (other than Income Taxes).
All paid plans must enter a verified payment account. There is no requirement to input payment account details for free accounts. If you upgrade from the free plan to a paid plan, you will be charged instantly.
The Service is invoiced in advance on a monthly basis and is non-refundable for monthly payment plans. There are no refunds or credits for partial months of service, refunds for upgrades/downgrades, or refunds for unused months on an open account.
For yearly payment options, the Service is charged in advance for a whole year and is non-refundable. Your annual plan will automatically renew for one (1) year intervals, and you will be charged the corresponding costs on each annual anniversary of your purchase, unless you cancel before the end of the then-current annual term. There will be no refunds or credits for partial terms of service, refunds for upgrades or downgrades, or reimbursements for unused terms on an active account.
When you purchase an upgrade to the Service or transfer from a monthly to an annual payment plan, you may be eligible for certain credits.
We retain the right to amend our prices and to introduce new charges at any time (including, for clarity, for any renewal), upon notice to you through email notice, printed or hard copy notice, or through a notice posted on our website, as determined solely by Nail IB (nailib.com is a product of Turnix). Your continued use of the Service after receiving such notice implies acceptance of any additional or higher fees. You are responsible for the payment of all Taxes, levies, or charges imposed by taxing authorities, including the Government of India.
Privacy
Our Privacy Policy and EU & Swiss Privacy Policy govern the use of the Service, and their provisions are incorporated by reference into the Terms of Service. You acknowledge that by using the Service, you consent to the collection, use, and disclosure of your Personal Information and aggregate data in accordance with our Privacy Policy and EU & Swiss Privacy Policy, as well as the collection, use, transfer, and processing of your Personal Information in India. We cannot ensure that unauthorised third parties will never circumvent our security measures. You accept that your information is provided at your own risk.
Disclaimer of warranties and limitation of liability
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAIL IB (nailib.com IS A PRODUCT OF TURNIX) ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY NAIL IB (nailib.com IS A PRODUCT OF TURNIX) ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NAIL IB (nailib.com IS A PRODUCT OF TURNIX), ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NAIL IB (nailib.com IS A PRODUCT OF TURNIX) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Changes to the Service, termination, and indemnity
Nail IB (nailib.com is a product of Turnix) is continually developing and discovering new ways to provide our consumers innovative features and services. Therefore, we may modify the Service, add new features, cease offering the Service or some parts of the Service to you or to users in general, or impose use limitations on the Service without prior notice. We may permanently or temporarily terminate, downgrade, stop, or prohibit your access to the Service for any reason, including, at our sole discretion, if you violate any provision of this Agreement or for no reason at all. After termination of your Service account, you are bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your User Content; (b) use of the Service; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; (e) any claims from tax authorities in any country in relation to Your Activities operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Nail IB (nailib.com is a product of Turnix) may be held jointly and severally liable; and (f) violation of these Terms of Service, or violation of any rights of another.
Copyright policy
Nail IB (nailib.com is a product of Turnix) respects the intellectual property of others and expects its customers to do likewise. Please fill out this form if you feel, in good faith, that any items supplied on or in connection with the Service infringe upon your copyright or other intellectual property rights. Submit the following to Turnix's Copyright Agent at - Turnix, 677, Kithore Road, Meerut Road, Hapur, Uttar Pradesh, India - 245101
A description of the copyrighted work or other intellectual property that you allege has been infringed, including the URL or other precise place on the Service where the infringing item is hosted. Include sufficient information to allow Nail IB (nailib.com is a product of Turnix) to find the content and an explanation of why you believe an infringement has occurred.
A description of where the original or an authorised copy of the copyrighted work is located, such as the URL (web address) where it is posted or the title of the book in which it has been published.
Your mailing address, telephone number, and email
A declaration by you that you have a reasonable suspicion that the disputed use is not permitted by the copyright or intellectual property owner, the owner's agent, or the law.
A declaration by you, made under penalty of perjury, that the information in your submission is correct, that you are the copyright owner or authorised to act on the copyright owner's behalf, and that you are the copyright owner.
A digital or physical signature of the copyright holder or the individual authorised to act on behalf of the copyright holder.
Counter-notice
If you believe that the content that was removed (or to which access was disabled) does not infringe, or if you have permission from the copyright owner, the copyright owner's agent, or the law to post and use the content, you may send a written counter-notice to the Copyright Agent containing the following information:
Your physical or digital signature
Identification of the content that has been removed or to which access has been disabled, as well as the location of the content prior to its removal or disablement.
A declaration that you have a good faith belief that the material was deleted or disabled by error or misidentification, and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the India Government Court for the District of Hapur(UP) 245101, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Nail IB (nailib.com is a product of Turnix) will notify the original complaining party that it may reinstall the deleted material or discontinue blocking it within 10 business days. Unless the copyright owner takes an action seeking a court order against the content provider, member, or user, the deleted content may be reinstated, or access to it may be restored, within 10 to 14 business days or more of receiving the counter-notice, at our sole discretion.
Repeat-infringer policy
Nail IB (nailib.com is a product of Turnix) has implemented a policy of terminating, in suitable circumstances and in its sole discretion, the memberships of users who are found to be repeat infringers, in compliance with the DMCA and other relevant law. Nail IB (nailib.com is a product of Turnix) may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, regardless of whether such infringing conduct has occurred previously.
Amendments, notification procedures, and changes to the Agreement
We retain the right, at our sole discretion, to modify, update, or alter the Terms of Service ("Updated Terms") at any time; thus, you should frequently review this page. When we make substantial changes to the Agreement, we will update the "date last amended" at the top of this page. Your continued use of the Service after any such changes indicates your acceptance of the amended Terms of Service. If you do not agree to any of these terms or any future Terms of Service, you may not use or access the Service (or continue to use it). Nail IB (nailib.com is a product of Turnix) is not liable for any automated screening you or your network provider may apply to email alerts we send to the address you supply.
Unless we are compelled to make a modification for legal or administrative reasons, we will provide advance notification prior to the Updated Terms taking effect. Nail IB (nailib.com is a product of Turnix) may, in its absolute discretion, give such notices, whether they are required by law or are for marketing or other business-related objectives, to you through email notice, printed or hard copy notice, or through a prominent notice on our website. Nail IB (nailib.com is a product of Turnix) maintains the right to select the form and methods of communicating with our users. However, you may opt out of receiving certain types of communications by emailing us at support@nailib.com . You agree that we may notify you of the Updated Terms by posting them to the Service, and that your continued use of the Service following the Updated Terms' effective date (or engaging in such other activity as we may reasonably define) indicates your acceptance of the Updated Terms. Before using the Service, you should thus examine these Terms of Service and any Updated Terms. The Revised Terms shall apply to your use of the Service as of the time of publication or such later date as may be stated in the Revised Terms. Disputes originating prior to the effective date of the Updated Terms are governed by the Terms of Service.
Dispute resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy, or claim relating to this Agreement ("Dispute"), you and Nail IB (nailib.com is a product of Turnix) agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days prior to initiating an arbitration or court proceeding. These informal discussions will begin upon written notification. These notifications will be sent to your billing address, with a copy sent to the email address you gave to Nail IB (nailib.com is a product of Turnix). Turnix's address for these notifications is 677, Kithore Road, Meerut Road, Hapur, Uttar Pradesh, India, 245101
BINDING ARBITRATION. In the event that you and Nail IB (nailib.com is a product of Turnix) are unable to resolve a Dispute through informal discussions, any claims resulting from your use of the Service (excluding those Disputes specifically excluded herein) shall be ultimately and solely resolved by binding arbitration. One party's decision to arbitrate is final and binding on the other. IF EITHER PARTY ELECTS ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules (the "ICA Rules") of the Indian Council Of Arbitration ("ICA") and, where applicable, the ICA's Supplementary Procedures for Consumer-Related Disputes ("ICA Consumer Rules"), both of which can be found on the ICA's website at https://icaindia.co.in/. The ICA Rules shall regulate your arbitration expenses and your portion of arbitrator remuneration (and, where appropriate, limited by the ICA Consumer Rules). Unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Nail IB (nailib.com is a product of Turnix) will pay all such fees if your claim for damages does not exceed ₹25,000. The arbitration might be performed in person, by document submission, via phone, or online. The arbitrator will provide a written ruling, but a statement of reasons is optional unless requested by a party. The arbitrator must adhere to applicable law, and any award may be contested if he or she does not. You and Nail IB (nailib.com is a product of Turnix) may litigate in court to compel arbitration, delay proceedings until arbitration, or to confirm, modify, vacate, or enter judgement on the arbitrator's award, unless otherwise prohibited by this Agreement.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Regarding any dispute involving the actual or threatened infringement, misappropriation, or violation of a party's intellectual property or proprietary rights, each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a session or high court located within the district of Hapur, Ghaziabad or Meerut.
WAIVER OF THE RIGHT TO BE A PLAINTIFF OR MEMBER OF A CLASS IN A POTENTIAL CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Nail IB (nailib.com is a product of Turnix) agree that any arbitration shall be confined to the specific Dispute between you and Nail IB (nailib.com is a product of Turnix). YOU ACKNOWLEDGE AND AGREE THAT YOU AND Nail IB (nailib.com is a product of Turnix) EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY POTENTIAL CLASS ACTION OR REPRESENTATIVE PROCEEDING AS A PLAINTIFF OR CLASS MEMBER. Unless both you and Nail IB (nailib.com is a product of Turnix) agree otherwise, the arbitrator may not consolidate more than one person's claims, nor may he or she otherwise preside over any sort of a class or representative process. If this specific language is determined to be unenforceable, the whole "Dispute Resolution" Section will be ruled null and invalid.
LOCATION OF ARBITRATION. The arbitral proceedings will be held in Hapur, Uttar Pradesh. You and Nail IB (nailib.com is a product of Turnix) agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court) or where no election to arbitrate has been made, the state and session courts located in Hapur, Uttar Pradesh have exclusive jurisdiction and that you and Nail IB (nailib.com is a product of Turnix) will submit to the personal jurisdiction of such courts.
Miscellaneous
Assignment
This Agreement and any rights and licences provided hereunder may not be transferred or assigned by you, but Nail IB (nailib.com is a product of Turnix) may assign this Agreement and any rights and licences granted therein without limitation. Any transfer or assignment attempted in violation of these terms shall be null and void.
Governing law, international use, and users
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Uttar Pradesh, India, except any provisions on conflicts of law. You consent to the personal jurisdiction and venue of the session and high courts in the state of Uttar Pradesh, India, and waive any objections to such jurisdiction or venue.
The Service is managed and operated from its India-based facilities. Although the Service may be accessible internationally, we make no claim that the Service or its contents are suitable or available for use in areas outside India, and accessing the Service from locations where its use is unlawful is prohibited. Those who access or use the Service from other countries do so voluntarily and are solely responsible for compliance with all relevant Indian and local laws and regulations, including export and import requirements. You may not use the Service if you are a resident of a country to which the India has imposed an embargo, or if you are a foreign person or entity barred or refused by the Indian government. Unless otherwise specified, all content found on the Service is designed primarily at persons, organisations, and other entities based in India.
Entire agreement/severability
The Terms of Service constitute the complete agreement between you and us about the subject matter discussed herein and supersede any earlier or contemporaneous agreements or understandings, whether written or oral. The Terms of Service bind and benefit the parties and their respective successors and authorised assigns.
No waiver
Our omission to enforce or execute any terms of these Terms of Service does not constitute a waiver of such provisions or rights. Our failure to act in response to a breach by you or others does not constitute a waiver of our rights to act with regard to subsequent or comparable breaches.
Attorneys’ and accountants’ fees, remedies
The prevailing party in any action to enforce the Terms of Service shall be entitled to lawyers' and accountants' fees and expenses.
You agree that Turnix's remedy at law for any actual or threatened breach of this Agreement would be inadequate, and that Nail IB (nailib.com is a product of Turnix) shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Nail IB (nailib.com is a product of Turnix) may be legally entitled to recover, as well as reasonable expenses of any form of dispute resolution, including without limitation attorneys' fees.
No Nail IB (nailib.com is a product of Turnix) right or remedy is exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorney fees, and costs.
No instance of Nail IB (nailib.com is a product of Turnix) waiving its rights or remedies under these terms and conditions shall obligate Nail IB (nailib.com is a product of Turnix) to grant any other, similar, or different waiver.
Contact us
If you have questions regarding the Terms of Service of Nail IB (nailib.com is a product of Turnix), please contact us by email at support@nailib.com , or at:
Australia Level 35,
200 Barangaroo Ave,
Sydney, New South Wales,
Australia, 2000
Last Updated - 17th of Feb 2023