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Welcome to NY Fashion Connect, Inc’s web site (the "Site"). Please review the following basic terms that govern your use and access of this Site (this “Agreement”).
ACCURACY CAUTION
From time to time there might be information on the Site that is outdated or contains typographical errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including any relating to product descriptions, pricing, availability or other information. We reserve the right to correct any Inaccuracy even if you have already placed your order. We apologize for any inconvenience this may cause you. Please note that while we have tried to accurately display the various colors of products, the actual colors you see will depend on particular technical specifications and settings of your computer and its display and, therefore, the colors may not be accurate. Even when there is no Inaccuracy, the product descriptions are intended to provide information only. They are not intended to be express warranties and you agree not to rely on them as such.
AMENDMENTS
You are bound by the posted version of the Terms each time you use the Site. Now and in the future, that version includes a reservation by us of the right, from time to time, to modify, alter or update these Terms. We will provide notice that the Terms have been amended by changing the Terms Effective Date shown in the footer of Site pages. Just look there and if you see a new date, review it because the latest version will apply in all respects until the next version, including (but not limited) to incomplete transactions and information we then or later have. USE OF THE SITE AFTER THE EFFECTIVE DATE OF A NEW VERSION CONSTITUTES YOUR AGREEMENT TO THE NEW VERSION, SO IF YOU DO NOT AGREE, DO NOT USE THE SITE.
SITE CONTENTS
The design, content and software on or relating to the Site and all Site materials, including, without limitation, data, images, illustrations, designs, icons, photographs, video clips, software, text and other information (collectively, the "Contents"), are the property of NY Fashion Connect, Inc. NY Fashion Connect, Inc. retains title to all Content and it is protected by U.S. and international copyright, trademark, trade dress and/or other intellectual property laws, or by this contract or notices, including robot exclusion headers and other technological measures. Trademarks appearing on the Site are the property of their respective owners.
NO COMMERCIAL USE; NO EXTRACTION OR INTERFERENCE
You may use the Site solely for personal, lawful and non-commercial purposes in compliance with these Terms. You may print or store for your personal records, copies of these Terms and of screens from the Site relevant to your order (if any) or other transaction. You may not otherwise copy, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, all or part of anything related to the Site, including Contents.
Much of the Site Content is proprietary. You agree that you will not do or attempt to do any of the following without our express written permission: (1) use any robot, spider, scraper or other automated means to access the Site or extract data; (2) do anything that might bypass or circumvent measures employed to prevent or limit access to any part of the Site or Content; (3) impose a significant burden (as determined by us) on our infrastructure; or (4) interfere with the ordinary operation or business of the Site.
FEEDBACK, REVIEWS AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Site, products and services. We will not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to NY Fashion Connect, Inc. on or through this Site or otherwise (collectively, "Feedback"), shall be deemed non-confidential and become and remain the property of NY Fashion Connect, Inc. The disclosure, submission or offer of any Feedback will constitute an assignment to NY Fashion Connect, Inc. of all worldwide rights, titles, interests and goodwill in the Feedback. NY Fashion Connect, Inc. is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any Feedback.
You agree that no Feedback will: (a) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), or (b) be libelous or otherwise unlawful, abusive or obscene. You are solely responsible for the content of any Feedback you provide and agree to indemnify and hold us and our Affiliates harmless from and against any claims made regarding it.
PRIVACY POLICY; YOUR CONSENT TO EMAIL MESSAGES
The terms of the Privacy Policy are part of these Terms of Use and are incorporated in here. Click on "Privacy Policy" to review it. You agree that NY Fashion Connect, Inc. may send electronic mail to you regarding transactions with us or as allowed by law or the Privacy Policy. If you do not wish to receive general marketing e-mail communications from NY Fashion Connect, Inc., you may make such a request as explained in the Privacy Policy.
NO WARRANTIES RE SITE
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NY FASHION CONNECT, INC. AND ALL OF ITS SUPPLIERS AND AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OR DUTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY (IF ANY): IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OF TITLE OR NON-INFRINGEMENT; WARRANTIES OR DUTIES REGARDING LACK OF INACCURACY OR OF COMPUTER VIRUSES OR OF EFFORT; AND IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND EXPENSE.
EXCLUSION OF MOST DAMAGES; LIMITATION OF LIABILITY
IN NO EVENT SHALL NY FASHION CONNECT, INC. OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ESPRIT OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE AND INCLUDING BUT NOT LIMITED TO CONTENTS, SERVICES, USE, PERFORMANCE, OR THE LACK OF ANY OF THE FOREGOING.
EXCLUSIVE REMEDY
YOU AGREE THAT EXCEPT AS SET FORTH IN PART TWO, YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS OR ANY OTHER CAUSE OF ACTION RELATING TO THE SITE SHALL BE, AT OUR OPTION, REPAIR, SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE CONTENTS OR SERVICE GIVING RISE TO DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE. You agree that the damage exclusions and liability limitations in these Terms shall apply even if any remedy fails of its essential purpose.
JURISDICTION
You agree that the laws of New York, U.S.A shall apply to all aspects of our Site and Contents, these Terms and Site transactions (if any), without regard to conflict of laws. Any dispute related to any of the foregoing shall be resolved exclusively in the courts located in New York City, New York.
ACCESS AND TERMINATION
Either of us (you or us) may terminate these Terms at any time without notice. We may also deny or suspend your access to the Site for any or no reason and without notice. Notwithstanding termination, these Terms (as amended from time to time) shall continue to apply to any pre-termination use, information or transaction (if any) or other matter.
ENTIRE AGREEMENT
These Terms, including any disclosures we make on the Site and any consents or agreements you provide during your visit, constitute the entire agreement between you and NY Fashion Connect, Inc. with respect to the Site, Contents and transactions (if any). They also replace and supersede all other (prior or contemporaneous) communications in any medium between you and NY Fashion Connect, Inc., including any previous terms on preliminary versions of our Site or affiliated sites, except for consents that you have previously provided. If part of these Terms is determined to be unenforceable, then that part will be deemed superseded by an enforceable provision that, to the extent possible, most closely matches the intent of the original and honors the allocation of risks in these Terms -- the remainder of the Terms will continue in effect.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to other websites. NY Fashion Connect, Inc. does not assume any responsibility for those sites, nor does it endorse or otherwise recommend such sites or the products or services they offer. NY Fashion Connect, Inc. provides the links solely for the convenience and information of its Site users.
QUESTIONS; NOTICE FOR CALFORNIA USERS
The Site is provided by NY Fashion Connect, Inc. If you have any questions, comments or complaints, feel free to contact us by email at @NYFashionConnect.com or by regular mail at P.O. Box 3730, Mount Vernon, NY 10553.
Under California Civil Code Section 1789.3, California subscribers also are entitled to the following information: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. St., 501, Sacramento, CA 95814 or by telephone at 1-916-445-1254 or 1-800-952-5210.
PAYMENT; CREDIT FOR REFUNDS & PRICING
Only valid credit cards may be used and all refunds will be credited to the same card. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all card information current and that we may submit charges for processing even if the card has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
All prices are subject to change without notice. Several factors may cause this, such as variances between processor programs and changes in tax rates. You agree to make and keep a copy of records relating to your order such as your order confirmation page.
SHIPPING POLICY
Orders in the U.S., shipping is Free. International shipping costs will be the responsibility of the customer. Shipping is by standard ground delivery by carriers listed during check-out or that we otherwise arrange.
We reserve the right to change our Shipping Policy from time to time, including the right to cease paying for shipping as specified above. We also reserve the right to impose a handling fee. You agree to be bound by the details that appear from time to time when you place or complete your order. Any shipping or handling charges may or may not reflect actual costs.
All orders placed through the Site are shipment contracts, not destination contracts, even when we pay for shipping. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
RETURN POLICY
The return policy will be stated on the individual Designer’s Directory. See the return policy when making a purchase.
If you do not comply with the return policy for the individual Designer when making a purchase, we reserve the right to refuse the return or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product is defective, please email at Info@NYFashionConnect.com
EXCLUSIVE REMEDY
If you purchase a product from us, YOU FURTHER AGREE THAT IN ADDITION TO ALL OF OUR RIGHTS UNDER THE "EXCLUSIVE REMEDY" PROVISION, WE MAY INCLUDE IN OUR OPTION THE RIGHT TO PAY TO YOU THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, AS LONG AS THAT AMOUNT DOES NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THOSE DAMAGES.
LEGAL NOTICES
Please review these legal notices:
Notice to Copyright Agent (this tells copyright owners who to contact if they think there is an infringement on our Site)
Notice of Availability of Filtering Software (this provides information about filtering)
Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the CAN SPAM Act of 2003).
NOTICE TO COPYRIGHT AGENT
NY Fashion Connect, Inc. respects the intellectual property rights of others and you need to do the same. Anyone who believes that their work has been reproduced on the Site in a way which constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit NY Fashion Connect, Inc. to locate the material;
· The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
· A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to:
· By mail: NY Fashion Connect, Inc., P.O. Box 3730, Mt. Vernon, NY 10553.
· By email: Info@NYFashionConnect.com
· It is our policy to terminate in appropriate circumstances (as we determine and without waiving our legal rights), access or other rights of persons who infringe or repeatedly infringe intellectual property rights of others.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
It is our view that the Site does not contain materials that would typically be the subject of filtering software. Further, our Site is not directed to children under 13 years of age (and any parent who believes we may have information about such a child should immediately contact us at Info@NYFashionConnect.com to arrange its removal). Nevertheless, as the provider of an interactive computer service, we inform you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at HERE (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
The operator of this Site will not give, sell, or otherwise transfer addresses maintained by the Site to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as stated in our Privacy Policy. Except for persons referenced in that policy as authorized recipients of those addresses, persons may violate federal law if they: (1) initiate the transmission to our computers of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
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