TERMS & CONDITIONS

Statement of Rights and Responsibilities This Statement of Rights and Responsibilities ("Statement") derives from the Nail Dirt Principles, and governs our relationship with users and others who interact with Nail Dirt. By using or accessing Nail Dirt, you agree to this Statement. 1. Privacy Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Nail Dirt. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions. (See below at Privacy and Principles) 2. Sharing Your Content and Information You own all of the content and information you post on Nail Dirt, and you can control how we share your content through your page via Settings and My Items. In order for us to use certain types of content and provide you with Nail Dirt, you agree to the following: 1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your settings and my items settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Nail Dirt ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it). 2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 3. We always appreciate your feedback or other suggestions about Nail Dirt, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). 3. Safety We do our best to keep Nail Dirt safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments: 1. You will not send or otherwise post unauthorized commercial communications to users (such as spam). 2. You will not collect users' information, or otherwise access Nail Dirt, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not upload viruses or other malicious code. 4. You will not solicit login information or access an account belonging to someone else. 5. You will not bully, intimidate, or harass any user. 6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. 7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions. 8. You will not use Nail Dirt to do anything unlawful, misleading, malicious, or discriminatory. 9. You will not facilitate or encourage any violations of this Statement. 4. Registration and Account Security Nail Dirt users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on Nail Dirt, or create an account for anyone other than yourself without permission. 2. You will not use Nail Dirt if you are under 13. 3. You will not use Nail Dirt if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals. 4. You will not use Nail Dirt if you are a convicted sex offender. 5. You will keep your contact information accurate and up-to-date. 6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 7. You will not transfer your account to anyone without first getting our written permission. 5. Protecting Other People's Rights We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on Nail Dirt that infringes someone else's rights or otherwise violates the law. 2. We can remove any content you post on Nail Dirt if we believe that it violates this Statement. 3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 4. You will not use our copyrights or trademarks including Nail Dirt or ND. 5. If you collect information from users, you will: obtain their consent, make it clear you (and not Nail Dirt) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 6. You will not post anyone's identification documents or sensitive financial information on Nail Dirt. 6. Payments If you purchase or use Nail Dirt Credits, or make direct payments, you agree to our Payments Terms. 7. Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or a website using Connect ("application") or otherwise use Platform, the following additional terms apply to you: 1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Platform Guidelines. 2. When users add your application or connect it to their Nail Dirt account, they give permission for you to receive certain data relating to them. Your access to and use of that data will be limited as follows: 1. You will only use the data you receive for your application, and will only use it in connection with Nail Dirt. 2. You will make it clear to users what user data you are going to use and how you will use, display, or share that data. 3. You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings without the user's consent. 4. You will delete all data you received from us relating to any user who removes or disconnects from your application unless otherwise permitted in our Platform Guidelines. 5. You will delete all data you received from Nail Dirt if we disable your application or ask you to do so. 6. We can require you to update any data you have received from us. 7. We can limit your access to data. 8. You will not transfer the data you receive from us without our prior consent. 3. You will not give us data that you independently collect from a user or a user's content without that user's consent. 4. You will make it easy for users to remove or disconnect from your application. 5. You will make it easy for users to contact you. We can also share your email address with users. 6. You will provide customer support for your application. 7. You will not show ads or web search boxes on Nail Dirt profiles. 8. We give you all rights necessary to use the code, APIs (along with all content and data received), or tools we provide to you, but only in connection with your application. 9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone. 10. You will not misrepresent your relationship with Nail Dirt to others. 11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines. 12. We can issue a press release describing our relationship with you. 13. You will comply with all applicable laws. In particular you will (if applicable): 1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act. 2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Nail Dirt user data subject to the VPPA. You acknowledge Nail Dirt has no obligations under the VPPA. 14. We do not guarantee that Platform will always be free. 15. You give us all rights necessary to enable your application to work with Nail Dirt, including the right to: 1. incorporate your content into streams, profiles, and user action stories; 2. link to or frame your application; and 3. place content, including ads, around your application. 16. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search). 17. To ensure your application is safe for users, we can audit it. 18. We can create applications that offer similar features and services to, or otherwise compete with, your application. 8. About Advertisements on Nail Dirt Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: 1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. 2. We do not give your content to advertisers. 3. You understand that we may not always identify paid services and communications as such. 9. Special Provisions Applicable to Advertisers You can target your specific audience by buying ads on Nail Dirt or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"): If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: 1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. 2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms. 3. Your ads will comply with our Ad Guidelines 4. We will determine the size, placement, and positioning of your ads. 5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get. 6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. 7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. 8. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running. 9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it. 10. We can use your ads and related information for marketing or promotional purposes. 11. You will not issue any press release or make public statements about your relationship with Nail Dirt without written permission. 12. We may reject or remove any ad for any reason. 13. You warrant that you have the legal authority to bind the advertiser to this Statement. 14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation. 10. Termination If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Nail Dirt to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. 11. Disputes 1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Nail Dirt in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Hillsborough County, Florida for the purpose of litigating all such claims. 2. If anyone brings a claim against us related to your actions or your content on Nail Dirt, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 3. WE TRY TO KEEP NAIL DIRT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NAIL DIRT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NAIL DIRT WILL BE SAFE OR SECURE. NAIL DIRT IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NAIL DIRT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR NAIL DIRT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NAIL DIRT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 12. Definitions 1. By "Nail Dirt" we mean the features and services we make available, including through (a) our website at www.Nail Dirt.com and any other Nail Dirt branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed. 2. By "us," "we" and "our" we mean Nail Dirt, Inc. and/or its affiliates. 3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Nail Dirt and provide data to us relating to Nail Dirt users. 4. By "content" we mean the content and information you post on Nail Dirt, including information about you and the actions you take. 5. By "post" we mean post on Nail Dirt or otherwise make available to us. 6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 13. Other 1. This Statement makes up the entire agreement between the parties regarding Nail Dirt, and supersedes any prior agreements. 2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 3. If we fail to enforce any of this Statement, it will not be considered a waiver. 4. Any amendment to or waiver of this Statement must be made in writing and signed by us. 5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 7. Nothing in this Agreement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. Nail Dirt Privacy and Principles We built Nail Dirt to make it easy to share information with your friends and people around you. We understand you may not want everyone in the world to have the information you share on Nail Dirt; that is why we give you control of your information. Our default privacy settings limit the information displayed in your profile to your networks and other reasonable community limitations that we tell you about. Nail Dirt follows two core principles: 1. You should have control over your personal information. Nail Dirt helps you share information with your friends and people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join. And you control the users with whom you share that information through the “My Account” link. You can restrict the information and who sees it through the Settings and My Items links. 2. You should have access to the information others want to share. There is an increasing amount of information available out there, and you may want to know what relates to you, your friends, and people around you. We want to help you easily get that information. Sharing information should be easy. And we want to provide you with the privacy tools necessary to control how and with whom you share that information. If you have questions or ideas, please contact the “Administrator.” Safe Use of Nail Dirt Nail Dirt Safety Nail Dirt aspires to be an environment where people can interact safely with their friends and the people around them. We have implemented many safety and privacy controls on Nail Dirt as part of our goal to enable people to share their information with only the people they want to see it. And we are constantly improving our systems for identifying and removing inappropriate content and people from the site. Children under 13 years old are not permitted access to Nail Dirt. In addition, parents of children 13 years and older should consider whether their child should be supervised during the child's use of the Nail Dirt site. Despite Nail Dirt's safety and privacy controls, Nail Dirt cannot guarantee that its site is entirely free of illegal, offensive, pornographic or otherwise inappropriate material, or that its members will not encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and conduct. You can help Nail Dirt by notifying us of any nudity or pornography, or harassment or unwelcome contact by emailing abuse@naildirt.com . Confidential complaints are made through this site reporting tool, Nail Dirt will use best efforts to remove the offending content or conduct and to warn or, as appropriate, to bar from the site those transmitting such content or engaging in such conduct within 24 hours of receiving your complaint. Nail Dirt will report back to you within 72 hours of receiving your email complaint to inform you of the steps Nail Dirt has taken to address the complaint. Please to contact the Independent Safety and Security Examiner (ISSE) regarding Nail Dirt's complaint handling procedures. Please note that if you have not previously made a complaint to Nail Dirt you should not contact them for assistance. Nail Dirt is solely responsible for complaint handling, and you should address all complaints or reports of abuse directly to Nail Dirt using the procedures described on this page. We need all users to report suspicious people and inappropriate content they encounter on Nail Dirt. And we strongly encourage users under the age of 18 to talk to their parents or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way. Remember that although using fake names is a violation of the Nail Dirt Terms of Use, people are not always who they say they are. You should always be careful when sending friend requests to, or accepting friend requests from people you do not know in the real world. And it is always risky to meet anyone in person whom you don't know through real world friends. Always follow these important safety tips when using Nail Dirt: • Never share your password with anyone • Adjust your privacy settings to match your level of comfort, and review them often • Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number • Report users and content that violate our Terms of Use • Block and report anyone that sends you unwanted or inappropriate communications For Parents: Nail Dirt strongly urges parents to talk to their children about the dangers they may encounter online, and to make sure their children are using Nail Dirt in a safe manner. Parents may want to install monitoring software on home computers if they are concerned about what their children are doing online. Children must know that they should report any inappropriate or offensive Nail Dirt content to their parents and to Nail Dirt using the tools made available through the site. Parents should always remind their children to follow the important safety tips listed on this page when using Nail Dirt. More information regarding Internet safety can be found on the following sites: • OnguardOnline.gov • WiredSafety.org • Commonsense.com • Ncmec.org • TRUSTe.org • ConnectSafely.org • NetSmartz.org WebWiseKids.org Nail Dirt's Privacy Policy Nail Dirt's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Nail Dirt, located at www.NailDirt.com and its directly associated domains (collectively, "Nail Dirt" or "Website") By using or accessing Nail Dirt, you are accepting the practices described in this Privacy Policy. This privacy statement covers the site www.Nail Dirt.com and its directly associated domains. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed. The Information We Collect When you visit Nail Dirt you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site. When you register with Nail Dirt, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, education background and any other personal or preference information that you provide to us. When you enter Nail Dirt, we collect your IP address. This information is gathered for all Nail Dirt visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Nail Dirt. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. When you use Nail Dirt, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. You post User Content (as defined in the Nail Dirt Terms of Use) on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. Any improper collection or misuse of information provided on Nail Dirt is a violation of the Nail Dirt Terms of Service and should be reported to the Administrator at administrator@naildirt.com. If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site, and may send up to two reminders to them. Nail Dirt stores this information to send invitations and reminders, to register a friend connection if your invitation is accepted, to allow you to see invitations you have sent, and to track the success of our referral program. Your friend may contact us through the Administrator to request that we remove this information from our database. By using Nail Dirt, you are consenting to have your personal data transferred to and processed in the United States. Children Under Age 13 Nail Dirt does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Nail Dirt or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Nail Dirt. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact the administrator at administrator@naildirt.com. Children Between the Ages of 13 and 18 We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. Use of Information Obtained by Nail Dirt When you register with Nail Dirt, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on Nail Dirt. We may occasionally use your name and email address to send you notifications regarding new services offered by Nail Dirt that we think you may find valuable. Profile information is used by Nail Dirt primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your wall), other Nail Dirt users may be able to supplement your profile. Profile information you submit to Nail Dirt will be available to users of Nail Dirt who belong to at least one of the networks you allow to access the information through your privacy settings (e.g., school, geography, friends of friends). Your name, network names, and profile picture thumbnail will be available in search results across the Nail Dirt network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your networks, etc.) that allows such access based on your privacy settings. Nail Dirt may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message or poke, or someone posts on your wall, you may receive an email alerting you to that fact. Generally, you may opt out of such emails by emailing optout@naildirt.com, though Nail Dirt reserves the right to send you notices about your account even if you opt out of all voluntary email notifications. Nail Dirt may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or movie and personalizing advertisements and promotions so that we can provide you Nail Dirt. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the movie company who you are. Sharing Your Information with Third Parties Nail Dirt is about sharing information with others — friends and people in your networks — while providing you with privacy settings that restrict other users from accessing your information. We allow you to choose the information you provide to friends and networks through Nail Dirt. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. For example: • Your News Feed and Wall may aggregate the information you provide and make it available to your friends and network members according to your privacy settings. • Unlike most sites on the Web, Nail Dirt limits access to site information by third party search engine "crawlers" (e.g. Google, Yahoo, MSN, Ask). Nail Dirt takes action to block access by these engines to personal information beyond your name, profile picture, and limited aggregated data about your profile (e.g. number of wall postings). • We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about Nail Dirt, to remove repetitive information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Nail Dirt-specified purposes. • If you, your friends, or members of your network use any third-party applications developed using the Nail Dirt Platform ("Platform Applications"), those Platform Applications may access and share certain information about you with others in accordance with your privacy settings.. In addition, third party developers who have created and operate Platform Applications ("Platform Developers"), may also have access to your personal information (excluding your contact information) if you permit Platform Applications to access your data. Before allowing any Platform Developer to make any Platform Application available to you, Nail Dirt requires the Platform Developer to enter into an agreement which, among other things, requires them to respect your privacy settings and strictly limits their collection, use, and storage of your information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we of course cannot and do not guarantee that all Platform Developers will abide by such agreements. Please note that Nail Dirt does not screen or approve Platform Developers and cannot control how such Platform Developers use any personal information that they may obtain in connection with Platform Applications. In addition, Platform Developers may require you to sign up to their own terms of service, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review these terms and policies carefully before using any Platform Application. You can report any suspected misuse of information through the Nail Dirt Platform and we will investigate any such claim and take appropriate action against the Platform Developer up to and including terminating their participation in the Nail Dirt Platform and/or other formal legal action. • We occasionally provide demonstration accounts that allow non-users a glimpse into the Nail Dirt world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse. • We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Nail Dirt service or using the Nail Dirt name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. • We let you choose to share information with marketers or electronic commerce providers through on-site offers. • We may offer stores or provide services jointly with other companies on Nail Dirt. You can tell when another company is involved in any store or service provided on Nail Dirt, and we may share customer information with that company in connection with your use of that store or service. • Like many other websites that interact with third party sites, we may receive some information even if you are logged out from Nail Dirt, or that pertains to non-Nail Dirt users, from those sites in conjunction with the technical operation of the system. In cases where Nail Dirt receives information on users that are not logged in, or on non-Nail Dirt users, we do not attempt to associate it with individual Nail Dirt accounts and will discard it. • If the ownership of all or substantially all of the Nail Dirt business, or individual business units owned by Strategic Commercial Concepts LLC were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy. When you use Nail Dirt, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, Marketplace listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, Marketplace listings or other items , this information may become publicly available. Links Nail Dirt may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Nail Dirt. Third Party Advertising Advertisements that appear on Nail Dirt are sometimes delivered by third party advertisers, but the display of these ads are at the sole discretion of the Administrator of Nail Dirt. Third party advertisers have no access to your contact information stored on Nail Dirt unless you choose to share it with them. This privacy policy covers the use of cookies by Nail Dirt. Changing or Removing Information Access and control over most personal information on Nail Dirt is readily available through the profile editing tools. Nail Dirt users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their Nail Dirt account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Nail Dirt. Where you make use of the communication features of the service to share information with other individuals on Nail Dirt, however, (e.g., sending a personal message to another Nail Dirt user) you generally cannot remove such communications. Security Nail Dirt takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of Nail Dirt Web Site, please contact us through email at security@naildirt.com Terms of Use, Notices and Revisions Your use of Nail Dirt, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. Thank you. We look forward to having you as a member.