Sunday, May 19, 2013

The Jamberry Nail Art Studio FAQ's

The Jamberry Nail Art Studio is so amazing!  
If you've been wanting to check it out, but aren't sure what's OK and what's a no no... check out the Jamberry Nail Art Studio FAQ's (frequently asked questions)!
Jamberry nails nail art studio

Why was the Nail Art Studio made available to Jamberry customers?
The Nail Art Studio was created to allow customers to create their own designs, upload them, and have them delivered to their doorstep. Now you can sit in the design chair and create nail wraps that fit your own signature style. 
This design is approved.
Are there any designs or images that I am not allowed to use when using the Jamberry Nail Art Studio? 
We respect the intellectual property rights of others. As such, you should only upload designs or images that you created or to which you have rights. You will need to determine if you have rights to the image before you upload it, but as a rule of thumb the following are prohibited:
  • Images created by people other than you unless you have a license to use the image.  For example if you find an image on the web, more than likely you do not have rights to use the image and you should not upload it to the Nail Art Studio.
  • Any brand-specific imagery, names, or logos (including specifically any Disney/Marvel/Star Wars/Hello Kitty related imagery) unless you are the brand-owner.
  • Pictures of celebrities unless it is a photograph that you took and you, a family
  • member or friend also appears in the photo.
  • Any image that has the ©, ®, or ™ symbol on or near it unless you took the
  • photograph or created the image.
  • No collegiate or professional sports team names, logos, or mascots.
  • No Olympics related names or symbols.
What do I need to know about copyrights for purposes of using the Nail Art Studio?
Copyrights extend to original works of authorship whether or not they are published and whether or not they display the © symbol. Copyrights apply to images, designs, photographs, and other works of art. If you take an image from the internet, chances are that image is protected by some level of copyright. The best way to steer clear of copyright infringement is to create your own original designs. If you upload a copyrighted design that you do not own or have a license for to the Nail Art Studio, either the portion of your order containing the copyrighted design will not be fulfilled or you will only receive a partial refund on your order. 
If your wedding invitation was custom designed,
check with the artist to see if you can use it for
custom #nailart for your bridal party!

If you want to have
truly custom #nailart, use your
child's work of art!
 What do I need to know about trademarks for purposes of using the Nail Art Studio?

Trademarks are names, logos, colors, designs, and other symbols that indicate the origin of a product or service – in other words they identify the brand behind the product or service. Trademark owners have exclusive rights to use their trademarks. If you use a brand’s name, logo, mascot, or other symbol and place it on a nail wrap, it may improperly imply that your nail wrap came from that brand. Such actions may constitute trademark infringement. The best way to steer clear of trademark infringement is to create your own original designs and to avoid using any brand name, logo, or icon unless it is a brand you own. If you upload a design that incorporates a trademark (that is not a trademark you own) to the Nail Art Studio, either the portion of your order containing the trademark will not be fulfilled or you will only receive a partial refund on your order.

#JamberryNails custom #nailart created from
my daughter's artwork (top) and  pictures of my favorite things (bottom)
What do I need to know about a person’s publicity right for purposes of using the Nail 
Art Studio?
Each person has the right to control how their name, likeness, or image is used for a commercial purpose – this right extends to you, your friends, and all the celebrities out there. The best way to steer clear of infringement on a person’s right of publicity is to create your own original designs and to avoid using images of real people including celebrities. 
These military inspired nails were
created in the Jamberry Nail Art Studio for a sailor's wife.
I took a picture of a celebrity, can I upload it to the Jamberry Nail Art Studio?
If you take a picture of a celebrity yourself, and you, a family member or a friend also appears in the photo, you may print one sheet of nail wraps containing the image for your personal use and not for resale. Because every person has a “right of publicity,” they can control and restrict how people commercially use their name, likeness or image. 

I love the colors in this custom creation!
 Can I upload an image of my high school logo and/or mascot?
We generally permit users to upload images of their high school, junior high, or elementary school name, mascot and logo, provided they are not strikingly similar to the name, logo, or mascot of any professional or collegiate sports team. However, uploading images that contain all or a portion of the name, mascot, logo, or other imagery related to a collegiate or professional sports team is prohibited. 
See how pretty they look on?

I am a student at [college name here] – can I upload my college’s mascot or logo?
Uploading images that contain all or a portion of the name, mascot, logo, or other imagery related to a collegiate or professional sports team is strictly prohibited and violates the copyright and trademark rights of the college, university, or sports team affected.  
I am a huge fan of fabric patterns, can I upload a photo I take of a fabric pattern?
#nailart from a favorite vintage apron
It depends. Generally “creative” fabric patterns receive copyright protection and outright duplication of the original pattern creator’s work would constitute copyright infringement. The less creative the fabric pattern, the less protection it receives. The more of your creativity you inject into a particular pattern, the more transformative your use and the less likely your use of the pattern would be infringing. If there is a pattern you like, get creative – consider reworking the pattern spacing, proportions, zoom, colors, and other elements that make the work your own. The Nail Art Studio was created to expand on your own creativity.
If a fabric pattern is so famous that it evokes the thought of a particular brand, your use of an identical or confusingly similar pattern may violate such brand’s trademark rights. You should not use or upload those types of patterns. 
I am a collector of all things Disney, Marvel, DC, Star Wars, Hello Kitty, or other collector’s items – can I upload my favorite images to be printed on nail wraps? 
No. We will not knowingly print or ship any nails wraps that contain the names, logos, or copyrighted characters of others.  
I create fan art, can I upload my original works of art that are based upon fandom? 
We permit users to upload and print one sheet of nail wraps containing original works of fan art for their personal use and not for resale, if (1) it is clear the image is an original work of art, (2) it does not contain any names or logos associated with the commercial enterprise upon which the fan art is based, and (3) the fan art does not contain any recognizable character associated with the commercial enterprise upon which the fan art is based. 
The more of your creativity and personal interpretation you inject into a piece of fan art, the more transformative your use and the less likely your fan art would be infringing. If you want to submit fan art, get creative – consider embellishing features, make characters older or younger, place the character in uncommon setting, add commentary, satire, or parody to the art to make it your own creative expression. Your fan art must contain more of your own creativity than merely tracing or copying a character, place or other feature of your fan realm. The Nail Art Studio was created to expand on your own creativity'
This is an example of #nailart that was custom created with the #JamberryNails Nail Art Studio.  On the right is an original work of art that was used to create custom nail wraps - this would be a truly one of a kind gift!
 I am hosting a bachelorette party for my friend, can I upload an image of male anatomy as a gag gift? 
No. Uploading nude, lewd, offensive, or hateful images to the Nail Art Studio are prohibited. 
What happens if I upload an image that violates the Jamberry Nail Art Studio Terms 
and Conditions? 
Jamberry Nails cannot determine whether a user-uploaded design will violate the Nail Art Studio Terms and Conditions. The violation may be discovered before printing, after printing, or prior to shipping at one of our checkpoints. Consequently, if we discover an image that violates the Nail Art Studio Terms and Conditions, we will send the user an email indicating that the portion of their order that violates the terms will not be shipped unless they can provide evidence that in fact it does not violate the terms. If no definitive proof is received by the deadline, we will refund 50% of the cost of the product that violates the terms. Addressing such violations takes our time and resources to address. We will retain the other 50% paid by the customer to cover the costs of addressing the violation of terms. 
This nail art was created from a word cloud based on a master's thesis.  How cool would this be for graduation nails?
  What if I have a question that is not addressed in this FAQ? 
Our support team has been trained to direct all questions related to what is permissible to upload to the Nail Art Studio to this FAQ. This FAQ is merely a guide that can help you understand what types of designs and images you can upload to the Nail Art Studio. Ultimately it is your responsibility to understand and follow the Nail Art Studio Terms and Conditions. Failure to do so will result in your order being canceled and you will only be issued a partial refund.
Check out the Jamberry Nails Custom Nail Art Studio on my website today! 

Noel Giger Independent Director Proud GLOW Girls Team Leader  469.583.4604

If you like my signature, visit to create your own.  My team members can take advantage of discounted rates!  I also get my cell service for FREE!  Visit for information!

1 comment:

  1. Hi I doubt you see this but I was wondering if you happened to have a ss of the actual terms and conditions for nas? You have the last page but not the terms and conditions it tells you to read before submitting. Trying to find out if they own our designs after we submit. Thanks a bunch


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