Terms & Conditions

These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by The Eday Group, Inc., also known as ‘Tini Beauty, Nailtini, Liptini, Eyetini and Lacquer Cabinet (“Eday”, “we” or “us”), including www.tinibeauty.com, all other urls directed thereto and pages we manage on Third Party sites such as www.facebook.com/tinibeauty and www.twitter.com/tinibarmaster (the “Site” or “Sites”). These Terms of Use govern your use of our Site and your conduct, regardless of the means of access (e.g., computer, mobile device, tablet, etc.).

Although our Terms of Use and other areas of our Site may provide guidelines in connection with services that involve Third Party Sites, Eday does not control those Third Party Sites, and these Terms of Use do not apply to companies that Eday does not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using our Sites, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, without notice and at our sole discretion. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions to the Site and supersede any previous versions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, to understand the terms and conditions that apply to your use of the Site.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof on the Site is Copyright (c) The Eday Group, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Eday and protected by U.S. and international copyright laws. All software used on the Sites is the property of Eday or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order, using interactive services or using the Site as a shopping resource. Any other use of materials on the Site, including but not limited to reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance, without our prior written permission is strictly prohibited.

Trademarks

tinibeauty.com, tinibeauty.com, lacquercabinet.com and all page headers, custom graphics and button icons and associated logos are service marks, trademarks, and/or trade dress of Eday and may not be used in connection with any product or service that is not offered by Eday in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eday. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

All content and materials available on the Site, including but not limited to our brand names and logos, are protected by intellectual property and other laws. Except as expressly authorized by Eday, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.

Product Information

All material and information presented by Eday is for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The products are intended for cosmetic use by adults. All products should be used strictly in accordance with their instructions, precautions and guidelines, as well as typical usage patterns of similar products. You should always check product ingredients to avoid potential allergic reactions. If any minor uses any of our products, it should be under the supervision and/or permission of an adult guardian and/or the minor’s physician. If any adverse reaction to a product should occur, seek medical attention immediately.

All products produced by Eday or available on the Site, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Eday. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined at our sole discretion.

Color Information

While we strive to accurately display the colors of products on the Site, the actual colors you see will depend on your monitor and may vary from the physical product.

Credit Card Information

Currently, we do not store any credit card information. We accept and securely process the following credit cards: Visa, MasterCard, Discover and American Express.

Responsibility for your Content

You are solely responsible for the content and context of any materials that you upload, post, email or otherwise transmit via or to the Sites, through our interactive or third party sites or services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”).

You warrant and agree that while using the Sites or associated third party sites, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.

Your Use of Content on the Sites and Limitation of Liability

We provide the Sites and all other applications and services thereon as a forum only. Eday is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. Any shared or posted Content, if displayed, is displayed for entertainment and informational purposes only and is not controlled by Eday. We cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, (ii) Content that may be offensive, indecent or objectionable or (iii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or forums, and the risk of harm or damage from the foregoing rests entirely with you.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Content.

Submitted Content By submitting Content, you represent and warrant that by participating in a public forum your Content will be available to all other users of the Site and/or Third Party sites; you are the rightful owner of the Content and the intellectual property rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize us to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use) and posting it does not infringe on the rights of any other person or entity or violate any obligations, contractual or fiduciary or otherwise, that you may have in its respect; all Content that you post is accurate to the best of your knowledge and not false, misleading or harmful to minors; you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use or any applicable laws, statutes or ordinances or cause injury or harm, by libel, defamation or the like, to any person or entity.

We do not endorse any Content or any opinion, recommendation or advice expressed therein and disclaim all liability with respect to the Content. We reserve the right to not post or to withdraw submitted Content for any reason.

Any Content you transmit or post to the Site, forums or Third Party sites will be considered non-confidential and non-proprietary. Eday will have no obligations to you with respect to the Content, and may, at its option and without compensation of any kind to you, disclose, distribute, copy, incorporate, or otherwise use it for any and all commercial and non-commercial purposes.

For any Content that you submit, you grant Eday a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

Third Party Content and Third Party Sites

We may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Eday and such third party. Eday does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. Use of Third Party Content and Third Party Sites is at your own risk. Third Party Content, including comments from third party users submitted to the Sites, does not necessarily reflect the views of Eday.

Modification of Content

All Content that you submit is not confidential and may be used at our sole discretion. We may or may not pre-screen Content. We maintain the right (but not the obligation) at our sole discretion to pre-screen, change, condense or delete any Content on the Sites, in particular, any Content deemed at our sole discretion to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Eday does not guarantee that you will have any recourse to edit or delete any Content you have submitted and reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you are solely responsible for the contents of any Content you submit and none of the Content that you submit shall be subject to any obligation of confidence on the part of Eday, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights

Eday reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use thereof. We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Eday and its employees, its users and the public.

Disclaimer of warranties the site, including all content, functions, and information made available on or accessed through the site, is provided on an “as is” “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose to the fullest extent permitted by law. Eday does not warrant that the site or the functions, features or content contained therein will be timely, accurate, complete, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. Price and availability information is subject to change without notice. Limitation of liability in no event shall Eday be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or inability to use, the site or the content, materials and functions related thereto even if Eday has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to certain users. In no event shall Eday’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) arising from this agreement or your use of the site exceed one hundred dollars ($100.00) in the aggregate.

Indemnification

You agree to defend, indemnify and hold harmless Eday (and its officers, directors, successors, assigns, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your breach or violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); (e) any claim that any Content you submitted caused damage to a third party; or (f) your dispute with another user. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.

Applicable Law

The laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Eday reserves the right to make changes to its Web site and these Terms of Use at any time. Fraud Protection We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

General

Any claim or dispute between you and Eday that arises in whole or in part from the Sites or shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Eday’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Eday AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE NO MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Termination

These Terms of Use constitute a binding agreement between you and Eday until terminated by you or Eday, which we may do at any time, without notice, in our sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.