Privacy Policy

TERMS OF USE

Thank you for visiting thenewyorkxchange.com thenewyorkxchange.com is operated by New York Xchange, LLC (hereinafter referred to as “NYX”). By visiting or shopping at thenewyorkxchange.com you agree to the Terms of Use as set out here, and as they may be hereafter updated and revised.

Privacy of Your Information. NYX will not sell or rent your personal information to any individual, business, or government entity. NYX may collect personal information when you use certain services on thenewyorkxchange.com or when you visit cookie-enabled web pages. NYX may also log your IP address. NYX may use this personal information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on thenewyorkxchange.com NYX may also use “cookie” files to better serve your needs by creating a customized web site which fits your needs. NYX may share your Personal Information with other entities should you request or authorize NYX to share such information, or if NYX is required to respond to court orders subpoenas or other legal process.

NYX allows users to set up personal accounts to shop in our on-line store. You have the ability to edit your user information at any time, and may delete your account at your convenience. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person. NYX Cosmetics, LLC shall not be liable for unauthorized access to your user account by persons who have obtained your username and/or password.

Information Entry. You agree to provide and enter only truthful and factually accurate information when using NYX.

Intellectual Property Ownership. You recognize and acknowledge that the entire content of thenewyorkxchange.com is NYX’s copyrighted and trademarked intellectual property. You agree that you will not copy or distribute any copyrighted or trademarked material presented on thenewyorkxchange.com

Availability of Access. You recognize and acknowledge that traffic of data through the Internet may cause delays during the download of information from the thenewyorkxchange.com web site and shall not hold NYX liable for delays which are ordinary in the course of Internet use. You recognize that the NYX Subscription Site may not be available on a continual twenty-four hour basis due to such delays and due to delays caused by upgrading, modification, or standard maintenance of the web site.

Choice of Law. These Terms of Use and any dispute involving NYX shall be governed, construed and controlled by the laws of the State of Washington.

Indemnification. NYX shall not undertake to resolve any disputes or litigation on your behalf involving use of the products or services described or offered for sale herein, and you agree that you shall indemnify, hold NYX harmless and defend NYX against any disputes involving use of thenewyorkxchange.com and/or any products or services described or sold on thenewyorkxchange.com

Hyperlinks. NYX may contain hyperlinks to other Internet sites not under the editorial control of NYX. These hyperlinks are not express or implied endorsements or approvals by NYX of any products, services or information available from these or any other sites.

The information, products and services provided by NYX are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR SUBSCRIBER’S PURPOSE; ACCURACY OF INFORMATIONAL CONTENT. YOU AGREE THAT ANY EFFORTS BY NYX TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY NYX WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NYX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF NYX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.

Some jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, and, in such case, some portion of the above limitation may not apply to you. In such jurisdictions, NYX’s liability is limited to the greatest extent permitted by law.

NYX reserves the right to amend these Terms of Use at any time. NYX may contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms are amended.

Entire Agreement. These Terms of Use supersede any and all other agreements, either oral or in writing, with respect to the matters stated herein, and these Terms of Use contain all other covenants and agreements.

Knowing Consent and Authority to Consent. You acknowledge that you have knowingly and expressly consented to the foregoing Terms of Use and that you are authorized to agree to these Terms of Use on your own behalf and/or on behalf of any other party you may be acting for.

Copyright © 2015 by The New York Xchange, LLC. All Rights Reserved.

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