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Nicky Hilton

Privacy Policy

Nicky Hilton Privacy Policy & Terms of Use of www.NickyHilton.com

Nicky Hilton (“Nicky Hilton”) respects your privacy and is committed to taking reasonable steps towards protecting your privacy online and managing your information responsibly, in order to best understand the products and services that are most useful to you. This Privacy Notice is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.

This Privacy Notice applies to the www.Nicky Hilton.com website and does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts or suppliers on this Website, or to whom we may refer you if you call or write us. We may post links on this Website as a way of helping you locate related information and products easily. However, when linking to another website, you must review that website’s privacy notice as other websites may not treat information collected online in the same manner as we do. This Privacy Notice also does not apply to information collected when you purchase our products in department and specialty stores, or on other third-party websites where our products are sold. Unless otherwise specified, personal information collected from these other channels is not provided to Nicky Hilton, and Nicky Hilton has no control over how they use information that they collect.

By using this Website and/or by contacting us and providing any personal information, you consent to the collection and use of information by us in accordance with this Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on this page.

WHY WE COLLECT INFORMATION:

We collect personal information because it helps us improve and deliver our products (such as books and fashion products) and services. In addition, your personal information helps us communicate with you. We also collect your personal information to help us design and deliver our Website, and to deliver targeted marketing to you based on your interests. We also may correlate your personal information obtained from you with information from other sources.

WHAT INFORMATION WE COLLECT:

The following generally describes the type of information we may collect about you. Those who wish to communicate with us but do not wish to provide personally identifiable information online may contact us through the address or phone numbers provided on our Website, or through our online chat function. However, you should note that if you contact us by phone, online chat or via postal mail, you may still be submitting personally identifiable information to us, as set forth herein. We do not automatically collect information unless you voluntarily input or submit this information, such as during a registration or ordering process, when you submit questions or comments, request information or participate in online surveys, contests, promotions or other activities. Should you voluntarily provide us with personally identifiable information, you consent to our use of it in accordance with this Privacy Notice.

Even if you do not submit personal information through the Website, we gather navigational information about where visitors go on the Website and information about the technical efficiencies of our Website and services (i.e., time to connect to the Website, time to download pages, etc.). This information allows us to see which areas of our Website are most visited and helps us better understand the user experience. This helps us improve the quality of the Website by recognizing and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website.

HOW WE COLLECT INFORMATION:

We collect information in three primary ways:

 

Use of Cookies:

Cookies are bits of electronic information that a website may transfer to a visitor’s computer to identify specific information about the visitor’s visits to the website. We use cookies, for example, to preserve the contents of your virtual visits to our site. The Website uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computer’s hard drive and are used to help track clicks as you go through the pages within our Website. We may also use cookies to tell us whether you have previously visited the Website. We also use cookies which may be set by third-parties with whom we have entered into agreements which may enable us to obtain analytics information about the use of our Website. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer. However, please be aware that the Website requires cookies to operate correctly. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the Website. We will not use shared local objects (commonly referred to as “FLASH cookies”) in a manner inconsistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service. FLASH cookies are cookies that are placed on your computer that are not removed through normal browser management tools.

Use of Web Beacons, Clear-GIFs, Pixel Tags and JavaScript:

We also may use “pixel tags” (also called “action pixels,” “web beacons” or “clear gifs”) and/or JavaScript plug-ins, placed on our Website and in our emails to you. These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used for such things as recording web pages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our customers’ online behavior and measure the effectiveness of our Website and our marketing. We also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the Website and/or in e-mails to use information obtained from them such as pages viewed, items purchased, e-mails opened and items upon which you may click in e-mails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you.

Server Logs and Widgets:

A web “server log” is a record of activity created by a computer that delivers certain web pages to your browser. Certain activities that you perform on our Website may record information in server logs, such as if you enter a search term into a search box located on the Website. The server log may record the search term(s), or the link you clicked on to bring you to our Website. The server log may also record information about your browser, such as you IP address and the cookies set on your browser.

A “widget” is generally an application that can be embedded in a webpage. Widgets can provide real-time information to the webpage. Widgets are often provided by third-parties and we may provide widgets on our website. Widgets may enable the third-parties that provide them to collect date about users visiting the Website.

Search Queries on Our Website:

We may provide you with options to search for information on our Website. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.

Surveys, Contests and Promotions:

From time to time, we may request information from users via surveys, contests and promotions. Participation in these surveys or promotions is completely voluntary and the user therefore has a choice whether or not to disclose this information. If you choose to participate, we may ask you for additional information, which may include contact information (such as name, email and shipping address), demographic information (such as postal code, age level) and provide better services and options to you. We use the information you provide to administer our contests, sweepstakes and other promotions, in addition to the purposes set forth herein. If your information gathered via a survey will be used in a manner different from that described in this Privacy Notice, such use will be detailed in the survey instructions. For example, the instructions will alert you if the information will be shared with anyone in addition to those identified in this Privacy Notice, such as a third-party sponsoring the survey.

Content You Share

You may be able to post information and materials publicly, for example, in reviews, chat areas, and other similar forums (collectively, “Forums”), subject to the Forum rules in our Terms of Use. If you post any information in a Forum on the Website, it will be deemed public information and available to the general public. Please do not post any personally identifiable information in a review or forum. If you do post personally identifiable information, you do so at your own risk, and consent to it being used as a Submission, in accordance with our Terms of Use.

You may also be able to send certain content to other individuals using the Website. To send information to others, we request both your email address and theirs. We use this information only to fulfill your request. We may retain the information you provide in connection with this feature. We will not include any third-party advertisements within the messages sent to your friends.

HOW WE USE THE INFORMATION WE COLLECT:

We use the information we collect internally in our business for many business purposes, such as to: (i) analyze trends and conduct research about improving our products and/or services; (ii) provide support and respond to questions from customers and Website visitors; (iii) improve our Website, products and/or services; (iv) learn about customers’ needs or wants; (v) contact consumers for research, informational, and marketing purposes, including customizing our recommendations and promotions to you based upon your information and purchases; (vi) track traffic patterns and Website usage; (vii) enable online ordering and provide customer service with respect to such orders; (viii) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (ix) provide specific relevant marketing, promotional, or other information to you; (x) address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues; (xi) investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process; (xii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud to reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Website or the public; and, (xiii) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.

We use the information we collect in a variety of ways. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration or your visits to our Website, the search queries you may use on this Website, whether you clicked on any items or links on the Website, whether you have clicked on any links in any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services.

We may also share personally identifiable information and non-personally identifiable information externally with our affiliates, licensees and joint venture partners, as well as with other third-party service providers who help us provide operational services for the Website and our business, which might include, but is not necessarily limited to: business entities that provide e-mail address management and communication contact services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, judicial, administrative and/or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and/or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, and with other service providers which may be involved in the other types of services and activities otherwise discussed in this Privacy Notice.

We may also use your personally identifiable information to contact you in ways other than e-mail or regular mail, such as via telephone contact, facsimile or SMS, in accordance with your communication preferences.

YOUR CHOICES ABOUT THE INFORMATION WE COLLECT

If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request to: info@NickyHilton.com or

Nicky Hilton Direct
c/o Tucker & Latifi, LLP
160 East 84th Street
New York, NY 10028

PRIVACY OF CHILDREN WHO VISIT THE WEBSITE

We recognize the importance of children’s safety and privacy. The Website is not designed to attract children, and is not intended for use by any children under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), Nicky Hilton does not request, or knowingly collect, any personally identifiable information from children under the age of 13. If we become aware of any mistaken or inadvertent collection of information from a child under the age of 13 through their misuse of our Website, we will take all necessary measures to promptly delete such information from our records. We ask all parents and guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing Nicky Hilton with any of their personal information or using the Website without parental oversight and assistance.

YOUR CALIFORNIA PRIVACY RIGHTS

We collect various types of personal information about you during the course of your relationship with us as a customer. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes. If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing purposes: info@NickyHilton.com or

Nicky Hilton Direct
c/o Tucker & Latifi, LLP
160 East 84th Street
New York, NY 10028

VISITORS TO THE WEBSITE OUTSIDE OF THE UNITED STATES

If you are visiting the Website from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.

UPDATING PERSONAL INFORMATION

We prefer to keep your personal information accurate and up-to-date. If you would like to change your contact information, please login to your account here.

LINKS

For your convenience, the Website may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.

SECURITY

We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.

We use data encryption technology when transferring and receiving your sensitive personal information, such as credit card or financial account information. For example, in your transactions submitted by you through the Website, a solid key icon or a locked padlock icon at the lower portion of your web browser window confirms the Website is secured through Secure Sockets Layer (SSL). Pages requesting personal information should always have one of these icons. You can also confirm your data is being encrypted by looking at the URL line of your browser (the place where you type website addresses). When accessing a secure server, the site address will change from “http” to “https”.

While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

QUESTIONS / CHANGES IN NOTICE

If you have questions or concerns with respect to our Privacy Notice, you may contact us at info@NickyHilton.com. We may elect to change or amend our Privacy Notice; in such event, we will post the notice changes in our Privacy Notice on the Website. If you are concerned about how your personal information is used, please visit our Website often for this and other important announcements and updates.

Sweepstakes, Contents and Promotions

 

Any sweepstakes, contests, or other promotions made available through the Website or otherwise by Nicky Hilton may be governed by specific rules that are separate from this Terms of Use. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules. Our Privacy Notice will govern any information you submit in connection with such activities.

IV. RESTRICTIONS ON USE OF THE WEBSITE

You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by Nicky Hilton, in addition to all rights at law or in equity. In addition, you specifically agree not to use this Website to do any of the following:

V. INFORMATION YOU PROVIDE TO NICKY HILTON VIA THIS WEBSITE

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.

In order to facilitate communications between you and Nicky Hilton, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Nicky Hilton shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Limitations on Information Submitted

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, “Submissions”) will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Notice. You also acknowledge that we may use your Submissions and any ideas, concepts or knowhow contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

Forums

Nicky Hilton may offer features through the Nicky Hilton Website that enable you to post information and materials publicly, for example, in reviews, chat areas, and other similar forums (collectively, “Forums”). All of the rules of conduct described in the Submission section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website.

The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content’s accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Nicky Hilton, and Nicky Hilton does not endorse any such opinions, statements or materials.

VI. MONITORING OF INFORMATION

Nicky Hilton does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

Nicky Hilton reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Nicky Hilton to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use or law. You agree to waive and indemnify and hold Nicky Hilton harmless from and against any and all claims whatsoever resulting from or in connection with any action by Nicky Hilton regarding any investigations either by Nicky Hilton or law enforcement authorities.

VII. INTELLECTUAL PROPERTY RIGHTS

Nicky Hilton owns any and all intellectual property rights relating to the Nicky Hilton brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Nicky Hilton brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the Nicky Hilton Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

VIII. PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement 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.

The Designated Agent for notice of claims of copyright infringement can be reached at:

info@NickyHilton.com or
Nicky Hilton Direct
c/o Tucker & Latifi, LLP
160 East 84th Street
New York, NY 10028

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

IX. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

NICKY HILTON DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT NICKY HILTON ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. NICKY HILTON DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND NICKY HILTON MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER NICKY HILTON NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NICKY HILTON AND/OR HER SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NICKY HILTON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF NICKY HILTON TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH NICKY HILTON SHALL BE LIABLE SHALL BE LIMITED TO THE COST OF THE ITEM(S) OR SERVICE PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE.

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Nicky Hilton, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products sold or used from the Website.

You agree to indemnify and hold Nicky Hilton and her subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website or otherwise, including but not limited to Submissions, or (3) your breach of this Terms of Use.

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

Third-Party Websites

The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement (for example, a department or specialty store). These websites may be operated by companies that are not affiliated with Nicky Hilton, and may have different privacy policies and terms of use. Nicky Hilton does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.

X. GENERAL INFORMATION

Entire Agreement. These Terms of Use, together with the Privacy Notice and if applicable, the Marketplace Participation Agreement constitute the entire agreement between you and Nicky Hilton governing your use of this Website, superseding any prior agreements between you and Nicky Hilton with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of Nicky Hilton.

Waiver and Severability.The failure of Nicky Hilton to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information

Nicky Hilton cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Nicky Hilton does not assume any responsibility or risk for your use of the Internet, nor does Nicky Hilton assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case.