Johnstown's Magic Nail

WE THANK YOU FOR YOUR INTEREST IN THE MAGIC NAIL WEBSITE ("MAGIC NAIL"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING MAGIC NAIL WEBSITE. BY USING MAGIC NAIL WEBSITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE MAGIC NAIL WEBSITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE MAGIC NAIL WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS

 

General

Users of Magic Nail website (the "Site") shall not access the Site from territories where its contents are illegal. By accessing the Site, user agrees to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws) and agree that you are responsible for compliance with any applicable local laws. 

 

If user does not agree with any of these terms, do not use the Site. The terms of this Site and any claims relating to this Site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

 

Permission is granted to temporarily download one copy of the materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

(1) modify or copy the materials, use the materials for any commercial purpose or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) "mirror" the materials on any other server.

 

This license shall automatically terminate if user violates any of these restrictions and may be terminated by Magic Nail at any time. Upon terminating user viewing of these materials or upon the termination of this license, user must destroy any downloaded materials in user possession whether in electronic or printed format.

 

Magic Nail may revise any terms on this Site at any time without notice. By using the Site, user is agreeing to be bound by the then current version of these Terms of Use.

 

Forward-looking and cautionary statements

Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this Website for copies of such filings.

 

Confidential information

Magic Nail does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to Magic Nail will be deemed NOT to be confidential. By sending Magic Nail any information or material, you grant Magic Nail an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Magic Nail is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Magic Nail for the purpose of receiving products or services will be handled in accordance with our privacy policies. 

 

Business relationship

This Website may provide links or references to non-Magic Nail websites and resources. Magic Nail makes no representations, warranties, or other commitments whatsoever about any non-Magic Nail websites or third-party resources (including any Wix Web site) that may be referenced, accessible from, or linked to any Magic Nail site. A link to a non-Magic Nail website does not mean that Magic Nail endorses the content or use of such website or its owner. In addition, Magic Nail is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Magic Nail site. Accordingly, you acknowledge and agree that Magic Nail is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

 

When you access a non-Magic Nail website, even one that may contain the Magic Nail-logo, please understand that it is independent from Magic Nail, and that Magic Nail does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

 

2. Disclaimer of Liability/No Representations or Warranties Statement

 

Disclaimer of Liability

Because of the possibility of human and mechanical error as well as other factors, Magic Nail is not responsible for any errors in or omissions from the information contained in or accessed through this Site. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Magic Nail AND ITS AFFILIATES MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE. Magic Nail AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY.

 

Magic Nail shall under no circumstance be liable to user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental or punitive damages whatsoever, even if Magic Nail has been advised of the possibility of such damages. Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions, which supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL Magic Nail BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Magic Nail IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

 

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

 

3. Disclaimer Regarding Links to Third-Party Sites

 

Disclaimer of Links

Links are provided as a convenience to sites with which Magic Nail may or may not have a relationship. Any reference to a hypertext link obtained from this Site, to a specific product, process, salon website or service does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between Magic Nail and anything found at such hypertext link, including, but not limited to, any organization, product, process, service or other information. Furthermore, user's linking to another site is entirely at your own risk. Magic Nail is willing to immediately remove any hypertext link upon written request by the owner of the site to which this link references. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Magic Nail.

 

Linking to this Site

All links to this Website must be approved in writing by Magic Nail, except that Magic Nail consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Magic Nail; (c) imply that Magic Nail approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Magic Nail or otherwise damage the goodwill associated with the Magic Nail name or trademarks. As a further condition to being permitted to link to this site, you agree that Magic Nail may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease using any Magic Nail trademark.

 

Translation

Certain text in this Website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Magic Nail makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. 

 

4. Statement Regarding Submissions to the Website

 

User Submissions

Any information, data, material or other information you transmit or post to this Site ("Submitted Information") will be considered non-confidential and non-proprietary. Magic Nail will have no obligations with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes. User may not transmit or post anything to this Site that is unlawful, threatening, pornographic, libelous, defamatory, or that would otherwise violate any law.

 

5. Privacy Policy (Effective Date December 28, 2006)

Magic Nail is committed to providing appropriate protection for personal information that is collected from customers and visitors to this Site. This Privacy Statement describes our general principles for the collection and use of personal information.

 

At Magic Nail, we are committed to protecting your privacy. Magic Nail does not sell, trade or rent your personal information to other companies. We use the information we collect about you to process orders and to keep you informed about our exciting services.

 

Magic Nail will not collect any personal information about you except when you specifically and knowingly provide such information. We may collect certain technical information, which does not allow us to identify you personally, but pertains to your use of the Internet. For example, on the Web such information may include the type of Internet Browser that you are using, and through email the information may include the type of messaging capabilities. This information enables us to enhance the content you receive from Magic Nail.

 

By using our Website, you consent to the collection and use of this information by Magic Nail. If we decide to change our privacy policy, we will post the changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. 

 

IP Addresses

This Site collects and uses IP addresses to help diagnose problems with Magic Nail servers and to administer Magic Nail websites. On this Site's store pages, user IP address is also used to help identify user and user shopping cart and to gather broad demographic information.

 

Cookies

Cookies are small bits of text that can be placed by Magic Nail web servers into a file on user computer's hard drive. If user does not wish to accept cookies on to user's hard drive, please check the instructions on your browser.

 

Links to Other Companies' Sites

Our Site may contain links to other websites of entities that are not necessarily affiliates of Magic Nail. Magic Nail is not responsible for the privacy practices or the content of such websites.

 

Notice Regarding Material Changes to this Privacy Policy

Notice regarding material changes to this privacy policy will be made by changes to the effective date identified in the heading of this Privacy Policy.

 

Third-party Information Provided To Us

Links: When using our Site, you may click through certain links or promotions that will enable you to purchase products or use services provided by our partners. Some of these partners may share certain information that you provide to them with us. By clicking on and through to a link or promotion on our Site, you agree to allow us to receive and use any information (except for credit card information) that you may provide to our partners, under the same terms and conditions as if you provided your information directly to us. We are not, however, responsible for any other website, or their respective privacy policy or how they treat information about their users. We strongly advise you to review their privacy policies to find out how they are treating your personal information.

 

Third Party Usage: You may also separately share your information with other web ites or entities, such as those that create professional marketing lists, to receive special offers and promotions from their affiliates. These websites or entities may agree to share your information with us. Whether or not any third party actually shares your information with us and to what extent they do share your information with us will depend on their agreement with us and their respective privacy policies. Magic Nail is not responsible for, and will assume no liability if a partner or other website or entity collects, uses or shares, any information about you in violation of its own privacy policy, or applicable law.

 

Marketing Data: We may purchase marketing data from third parties and add it to our existing user database to better target our advertising and to provide pertinent offers in which we think you would be interested. We may also associate this marketing data to the personally identifiable information that you provide to us.

 

Automatic Data Collection Cookies: We use what are commonly called cookies when you use our Site. We use these cookies to identify you as a valid user, to ensure that no one else can sign on simultaneously with your account from another computer and to help us serve you better based on your registration preferences. We may also use cookies to help us facilitate any promotions or surveys that we provide.

 

Performance tracking: We sometimes use cookies, as well as tracking technology, such as web beacons, within the promotional emails that we send to our subscribers or advertisements for our Site. These performance tracking devices help us to track whether an e-mail recipient has completed an event, such as signing up for a free trial for example. Such information is non-personally identifying and collected on an aggregate level. We sometimes utilize third party service providers to help us track the activity within our Site. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking but the data would not be tracked in a personally identifiable way. Third parties whose products or services are accessible on our Site may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

 

When and With Whom We May Share Your Information

Vendors: We may share your personal information with companies acting as our authorized agents in providing our service (e.g., credit card processing, customer/support services) to you, all of which agree to use it only for such specified purposes. Each vendor must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification or disclosure. Because we operate nationally and globally, we may transfer your information to countries or jurisdictions that do not provide the same level of data protection as the country in which you are based. If we make such a transfer, we will, or our vendors will, as applicable, provide for the proper safeguards required by applicable law to ensure that your information is protected.

 

Legally compelled disclosure: We will disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property.

 

Bankruptcy: You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.

 

Consent to processing: By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United States and other countries or territories. Your personal information will be stored and processed on our computers in the United States. The laws on holding personal information in the United States may vary and be less stringent than laws of your state or country. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used in this manner please do not register with or use the Site.

 

Your Acceptance of this Privacy Policy:

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time so visitors are encouraged to review this Privacy Policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

 

6. Copyright/Trademark Statement/Restriction on Use of Content from the Site

 

Copyright Notice

The works of authorship contained in this Site in the domain www.wix.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by Magic Nail and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Magic Nail's prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Linking Restrictions

User may provide a hypertext link to this Site on another web site, provided that (1) the link must be a text-only link clearly marked "Magic Nail Home Page", and pointing to Magic Nail's home page. Any links pointing to subsections of the site are strictly prohibited; (2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Magic Nail's name and trademarks, (3) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Magic Nail, (4) the link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked web site, and (5) Magic Nail reserves the right to revoke its consent to the link at any time in its sole discretion.

 

7. Trademarks

The trademarks, service marks, logos and graphics (the "Trademarks") appearing on this Site are, unless otherwise stated, registered and unregistered Trademarks of Magic Nail or one of its related entities.

 

Other product names used in this publication are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on this Site. Any use of Magic Nail's Trademarks or linking to this Site must follow the terms set out in our Linking Restrictions section above.

 

Magic Nail vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

 

This Website is designed for general information only. The information presented at this site should not be construed to be either formal legal or business advice or the formation of a lawyer/client, or business/client, relationship.

You are viewing a Website created with Wix.com technology. You must accept Wix.com's terms of service in order to use any of the Services, including the viewing of or interaction with any websites hosted by Wix.com or created by its technology. You can accept the Terms by: Clicking to accept the Terms, where this option is made available to you by Wix.com in the user interface for any Service; or By actually using the Services. In either case, you understand and agree that Wix.com shall deem your use of the Services as acceptance of the Terms from the point of your use onwards.

While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material or to the treatments, designs and prices described in it, at any time without notice. This site makes use of licensed stock photography, illustrations and vector art. All photography, illustrations and vector art are for illustrative purposes only and all persons depicted are models. The material on this website may be out of date, and we make no commitment to update such material.

 

The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

 

As a service to our clients, Magic Nail has created this Site to be an extension of our brick and mortar salon. Any prices that may be shown on the Website may change without prior notice. We do not have control on product prices which we purchase from established retailers, so please confirm prices of treatments when booking an appointment or prices of products when ordering products. Available of treatments listed are subject to change without notice. Taxes and any gratuities are extra. 

 

Magic Nail uses only high-quality nail products manufactured by established companies with years of experience in the nail and beauty industry. We cannot guarantee results for clients who bring their own products to be used at the salon.

 

All images and computer generated images used on this Website are for illustrative purposes only. All the photos of local hand models appearing on this Site were taken with their consent after nail technician services were carried out by Magic Nail. If you have seen your photo on this Site and would like us to remove it please contact us immediately and we will oblige.

 

Magic Nail does not take any responsibility for damage caused to the natural nail by neglect or mistreatment at home. These include picking, biting, and attempted removal of nails. 

 

Please do not expect to have nice nails if you do not maintain them on a regular basis. That is, going for months without a fill or having them done by someone else and they mess up your nails.

 

Magic Nail hours are subject to change without notice. We recommend you call to book an appointment. If for any reason you are unable to keep an appointment, please cancel 24 hours in advance so that we can book someone else.

 

Thank you!