NAILBITER, Inc. (“NAILBITER, Inc.,” “we,” or “us”) is the owner of the website located at www.nailbiter.com (the “Website”) and provides the services, software applications, mobile applications, and content available on the Website (collectively with the Website, the “Services”). The Services are provided to you subject to these Terms of Use. By accessing or using the Services, you are acknowledging that you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms of Use in their entirety, please do not access or use the Services. Other services offered by NAILBITER, Inc. may be subject to separate terms of use.
NAILBITER, Inc. helps product developers (our “Clients”) improve their existing product lines and develop new and improved products. We provide our Clients with market research services and analysis of consumer retail experiences. The Website is an online platform that allows consumers to participate in Reward Programs to earn Rewards by uploading and sharing videos and commentary on their in-store, e-Com retail purchase experiences, and at-home product reviews (“User Videos”). When you register as a user, you will receive invitations from time to time (via email, text, website notifications, or otherwise) to participate in certain projects where you may record short User Videos, typically between two to ten minutes each, demonstrating your shopping habits and experiences. After uploading your User Videos to the Website, you will be eligible to receive certain Rewards as stated in your invitation or otherwise on the Website. We use the User Videos to provide services to our Clients in accordance with these Terms of Use.
The NAILBITER, Inc. Privacy Policy, available on the Website, governs any personal information you submit via the Services and is incorporated by reference in these Terms of Use. All other policies posted on the Website are also incorporated into these Terms of Use by reference. You agree to comply with the Privacy Policy and all other policies posted on the Website when accessing or using the Services.
NAILBITER, Inc. grants you a limited, terminable, revocable, non-sublicensable, non-transferable and non-exclusive license, subject to your continued compliance with these Terms of Use, to access and use the Services for your personal use. Any unauthorized use of the Services or any breach of these Terms of Use shall automatically terminate this limited license, without prejudice to any other rights or remedies of NAILBITER, Inc.
If you are accessing the NAILBITER Site and Features via any of our applications available via third parties including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and NAILBITER, Inc. only, and that none of the foregoing third parties are party to these Terms, and they are not sponsors of, nor in any way affiliated with, the NAILBITER Sites and Features or any of our Services.
NAILBITER, Inc. may make certain Services available to you that require registration. Registering for such Services requires you to provide information about yourself. When you register for the Services, you shall provide true, accurate, and complete information, and you agree to update such information if it changes. If you do not provide true, accurate, and complete information, NAILBITER, Inc. may, in its sole discretion, suspend or terminate your membership to the Services. Any personal information that you provide in connection with your registration shall be used in accordance with our Privacy Policy.
You are responsible for maintaining the confidentiality of any password you create for the Services. You will immediately notify NAILBITER, Inc. in writing if you determine, or have reason to believe, that an unauthorized party has gained access to your password. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
By registering for the Services, you confirm that you are 18 years of age or older. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you shall use the Services only under the supervision of a parent or legal guardian who shall be bound by these Terms of Use. The Services are not designed to attract minors, in particular children under the age of 13. NAILBITER, Inc. does not market to or knowingly collect information from anyone under the age of 13.
NAILBITER, Inc may offer you eligibility to participate in one or more Rewards Programs under which you may have the opportunity to receive Rewards related to your participation in or interaction with our Rewards Programs. Rewards shall be designated in Currency Amounts of the respective geography in which the User Videos are created and shall be redeemable in gift cards or in other redemption methods as may be offered by NAILBITER, Inc. from time to time, subject to these Terms and the Rewards redemption requirements at the time of redemption.
The amounts we offer for participation in the Reward Program (i.e. performance of tasks) through the Services are listed on the Reward program and invitation for each project. The Reward amounts assigned to each task may vary and are subject to change at any time. NAILBITER, Inc. reserves the right to limit the total amount payable to any individual user of the Services. You are responsible for paying all applicable taxes and expenses incurred by you in connection with your performance under these Terms of Use. NAILBITER, Inc. may issue a Form 1099 if your earnings exceed the amounts that must be reported for tax purposes.
NAILBITER, Inc. may limit, suspend, or terminate your ability to participate in a Rewards Program, and may suspend or void any Rewards or potential Rewards you may have received or accumulated in a Rewards Program but not yet successfully redeemed, if we determine in our sole and absolute discretion that you have not complied with these Terms. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any unredeemed Rewards, at any time, without prior notice or compensation to you.
You may receive Rewards in a Rewards Program by participating in various Projects, as described in the applicable Rewards Program. Subject to the other provisions of these Terms, the Company will credit any Rewards for Projects that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the “Account”). For avoidance of doubt, the Company shall not be responsible for, nor shall the Company be obligated to award Rewards to you for, any of the Projects that is not properly recorded, tracked, validated and/or deemed a successfully completed Reward under the Company’s policies, procedures, and systems. We also reserve our right to: (1) change or limit the Projects or Rewards available or your ability to participate in certain Projects or the Rewards Program itself, (2) change or limit the eligibility for or allowable frequency of Projects, and (3) change or limit the amount of Rewards you can receive for a given Project or during a given time period, including, without limitation, the right to correct any inadvertent error in the number or type of Rewards awarded and to claw-back any unearned or unqualified Rewards credited in your Account as a result. All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.
We reserve the right to request a refund or make an adjustment in Rewards balance available to your Account, of an amount that may have been inadvertently issued as an excess redemption amount through Gift Cards or any redemption method stipulated at the time.
The Company also reserves the right to verify your identity to our complete satisfaction prior to crediting or allowing redemption of any Rewards. The Company implements such verification requirements to confirm, preserve and protect the security of the NAILBITER Sites and Features, our Services, and your Account from unauthorized access and security threats. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide an image of your passport, driver’s license, or state ID card, by requiring you to verify the mobile phone number associated with your Account, or by such other proof of identity or eligibility as we may require.
You acknowledge and agree that your relationship with NAILBITER, Inc. is that of an independent contractor. Nothing in these Terms of Use is intended or should be construed to create an employer-employee, employment agency, partnership, or joint venture relationship between you and NAILBITER, Inc. or our Clients. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving NAILBITER, Inc., that is inconsistent with your being an independent contractor, and not an employee, of NAILBITER
You acknowledge that all non-public information related to the Services or NAILBITER, Inc.’s business (including, but not limited to, trade secrets, financial data, business projections and strategies, marketing plans, customer and supplier lists, and personnel, technical, or proprietary information) received by you pursuant to these Terms of Use or as a result of your use of the Services, constitutes and contains confidential, proprietary and copyrighted information and subject matter of NAILBITER, Inc. (“Confidential Information”). You shall not, directly or indirectly, without NAILBITER, Inc.’s prior written consent:
Confidential Information shall not include information that:
Notwithstanding the foregoing, you shall be permitted to disclose Confidential Information if such disclosure is required by law, provided that you shall give prompt notice of such requirement to NAILBITER, Inc. so NAILBITER, Inc. will have the opportunity to seek a protective order or other appropriate remedies. You acknowledge and agree that all User Videos you submit to the Website or otherwise submit to NAILBITER, Inc. shall be deemed non-confidential and is not in any way subject to the terms of this Section.
Any websites linked to the Website are not necessarily under the control of NAILBITER, Inc., and NAILBITER, Inc. is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. NAILBITER, Inc. reserves the right to terminate any link or linking program at any time. NAILBITER, Inc. has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and NAILBITER, Inc. shall not be responsible for notification of any change in name or location of any information on the Website.
NAILBITER, Inc. owns and operates the Services. Except as expressly set forth herein, all intellectual property rights in the Services and all material available therein, including, but not limited to, User Videos, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the Services, are the property of NAILBITER, Inc. or its licensors. NAILBITER, Inc. retains all copyrights in the individual pages, their components and compilations, and collective works available through the Services. You agree and acknowledge that no title to any software or any other aspect of the Services shall pass to you under these Terms of Use.
Except as set forth in the limited license herein, or as required under applicable law, the Website is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. You shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the User Videos or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
Trademarks, including NAILBITER, Inc. and NAILBITER, are the property of NAILBITER, Inc. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of NAILBITER, Inc., and you recognize that the trademarks, trade names, and logos of NAILBITER, Inc. represent valuable assets of NAILBITER, Inc. and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You hereby agree that you shall not use or permit any third party to use, at any time, NAILBITER, Inc.’s trademarks, trade names, or logos.
NAILBITER, Inc. prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:
NAILBITER
NAILBITER, Inc.
13221, Woodland Park Road,
Suite 360,
Herndon,
Virginia, VA 20171
To be effective, the notification must be in writing and contain the following information as required by 17 U.S.C. § 512(c)(3):
In accordance with the DMCA, NAILBITER, Inc. has adopted a policy that it will terminate, without notice, any user’s access to the Services if NAILBITER, Inc. determines that such user is a “repeat infringer.” A repeat infringer includes, without limitation, a user whom NAILBITER, Inc. knows has engaged in infringing activity more than twice or a user whose User Videos NAILBITER, Inc. has been removed from the Website more than twice. NAILBITER, Inc. accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works.
NAILBITER, Inc. reserves the right, without notice and in our sole discretion, to suspend or terminate your license to use the Services, and to block or prevent your future access to and use of the Services, regardless of whether you are a repeat infringer. NAILBITER, Inc. maintains the right to suspend or terminate your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any of these Terms of Use, (iii) any policy or practice of NAILBITER, Inc. in operating the Services, or (iv) any User Videos or information transmitted through the Services, is to terminate your account and discontinue your use of any and all parts of the Services. In the event that you breach these Terms of Use, including, but not limited to, any violation of NAILBITER, Inc.’s valuable intellectual property rights, NAILBITER, Inc. may consider it appropriate to pursue legal action against you.
The Services are provided as is, as available. To the fullest extent permissible pursuant to applicable law, NAILBITER, Inc., its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties implied from a course of performance or course of dealing. NAILBITER, Inc., its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents do not warrant that the services or any function or aspect thereof will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the services, including any content, are free of viruses or other harmful components.
YOUR USE OF AND ACCESS TO THE SERVICES ARE AT YOUR OWN RISK. NAILBITER, Inc. takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is NAILBITER, Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, NAILBITER, Inc. is not liable for any statements, representations, or content provided by our users in any public forum, the personal home page, or elsewhere on the Website. NAILBITER, Inc. does not endorse any content or any opinion, recommendation, or advice expressed therein, and NAILBITER, Inc. expressly disclaims any and all liability in connection with such content.
In no event shall NAILBITER, Inc., its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising out of or any way connected with the access to or use of the services, any delay in or inability to use the services, or for any information, software, products, and services advertised in or obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, strict liability or otherwise, even if NAILBITER, Inc., its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, and agents have been advised of the possibility of damages. This limitation of liability applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of you or a third party while filming, recording, or otherwise creating content for the website, including, but not limited to, any in-store conduct.
Notwithstanding the foregoing, if for any reason, all or any part of the above limitation of liability is held unenforceable, in no event will the aggregate liability of NAILBITER, Inc., its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents, under or in connection with these terms of use, or arising out of or in any way connected with the access to or use of the services, any delay in or inability to use the services, or for any information, software, products and services advertised in or obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, strict liability or otherwise, exceed the greater of one hundred dollars ($100.00) or the aggregate fees owed to you by NAILBITER, Inc. for services performed under these terms of use during the three (3) month period preceding the date on which the claim arose.
You acknowledge that in absence of your agreement to this limitation of liability, NAILBITER, Inc. would not provide the services to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations shall not apply to you, and you might have additional rights under applicable law. Void where prohibited by law.
You agree to indemnify, defend and hold NAILBITER, Inc., its parents, subsidiaries, affiliates, and their respective members, directors, officers, employees, and agents harmless from and against any and all claims, liability, losses, actions, suits, costs, and expenses (including attorneys’ fees) asserted against, or suffered or incurred by, any of them arising out of or in connection with, or resulting from:
You acknowledge and agree that NAILBITER, Inc. is not responsible for any liabilities, losses, damages, bodily harm, injury, costs, or other expenses incurred by you in connection with your in-store, e-com or at-home activities and that you are solely responsible for all such costs and expenses. NAILBITER, Inc. reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NAILBITER, Inc.’s defense of such claim.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, licensors, suppliers, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
NAILBITER, Inc. reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Services, or to add or remove any User Videos or other features from or to the Services. NAILBITER, Inc. agrees to post all amended forms of these Terms of Use on the Website, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments to the Terms of Use. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Services constitutes your acceptance of any such amendment, modification, discontinuance, addition, or removal.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America without regard for its conflicts of laws principles. Any action, claim, or proceeding to arise out of or relating to the Services or these Terms of Use must be brought to the appropriate state or federal court located in the Commonwealth of Virginia, United States of America. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.
These Terms of Use, the Privacy Policy, and any other policies posted on the Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use. NAILBITER, Inc. may assign these Terms of Use, in whole or in part, at its sole discretion. NAILBITER, Inc. may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in NAILBITER, Inc.’s account information. You may give notice to NAILBITER, Inc. at any time via electronic mail to info@nail-biter.com or by letter delivered by first class postage prepaid international mail or overnight courier to the following address: NAILBITER, Inc., 13221 Woodland Park Road, Suite 360, Herndon, Virginia, VA 20171.
The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. The following Sections shall survive any termination of these Terms of Use: 7, 8, 10, 11, 12, 13, 14, 16, 17, 18 and 19.
THESE TERMS OF USE WERE UPDATED ON SEPTEMBER 20, 2024.