Who We Are: As used in this agreement, and on our site, “Hellen.nyc, Hellen Yuan Studio, LLC./ HELLEN DBA, Site, We" refers to Hellen Yuan Studio, LLC./ HELLEN DBA All content held on this website is the exclusive property of Hellen Yuan Studio, LLC./ HELLEN DBA

 

Changes to these Terms of Use: Hellen.nyc reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. Hellen.nyc also reserves the right, at any time, to modify or update its Privacy Policy by using the same procedures. The customer confirms his or her acceptance of the modifications or updates by continuing to use the Site. Our store is hosted on Wix.com Ltd. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

Grant of Use: Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of Hellen.nyc, is strictly prohibited.

 

Purpose of Sales: The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

 

Copyright: All materials contained on this site are protected by the United States and international copyright law. You may not alter or remove any trademark, service mark, copyright, or other notice from copies of the content. By using this site, you acknowledge that Hellen.nyc contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Hellen.nyc owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  All rights reserved.

 

Privacy Policy: Hellen.nyc protects customer information according to the Privacy Policy posted on this Site. Please review our Privacy Policy so that you may understand our privacy practices.

 

Accuracy of Information: We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

 

General disclaimer – all products: The information, services, products, and materials contained or offered in this site are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Hellen.nyc disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing or course of performance. In addition, Hellen.nyc does not represent or warrant that the information accessible through this site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. Hellen.nyc shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on this site. .

 

Limitations on Liability: In no event shall Hellen.nyc be liable for an, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever in excess of the amount customer paid to Hellen.nyc for the product(s) at issue, even if Hellen.nyc has been previously 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 the use, inability to use, or performance of the information, services, products and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No action or proceeding may be brought against Hellen.nyc with respect to any claim or dispute arising from the use of this site or the purchase of any products or goods through this site unless such action or proceeding is brought within one year of such use or purchase. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

 

Indemnification: You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the site or breach of these terms and conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure..

 

Online conduct: Any conduct by a person that in Hellen.nyc’s sole discretion restricts or inhibits any other person from using or enjoying Hellen.nyc is prohibited. Customer agrees to use the site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the site or transmit through Hellen.nyc any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

 

Indemnification: You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the site or breach of these terms and conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure..

 

User comments, feedback, postcards and other submissions: All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Hellen.nyc on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, "comments") shall be and remain Hellen.nyc’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to Hellen.nyc of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the comments. Thus, Hellen.nyc will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any comments. Hellen.nyc is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any person any compensation for any comments; or (3) to respond to any customer comments.

Termination of usage: Hellen.nyc may, without incurring any liability to the customer, terminate access by such customer, or suspend any customer's access to all or part of Hellen.nyc, without notice, for any conduct that Hellen.nyc, in its sole discretion, believes is in violation of any applicable law or this agreement, or is harmful to the interests of another user, a third-party, a merchant, a licensor, a service provider, or a Hellen.nyc.

 

Third party links: We are not responsible for the content of any off-website pages or any other websites linked to or from the site. Links appearing on the site are for convenience only and are not an endorsement by us of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

 

Electronic notice – consent: You consent to receive any agreements, notices, disclosures and other communications (collectively, “ notices”) to which these terms and conditions refer from us electronically including without limitation by e-mail or by posting notices on this site. You agree that all notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent by emailing us here and discontinue your use of this site. Unfortunately, we cannot provide the benefits of this site to any user that cannot consent to receipt of notices electronically.

 

Entire agreement: This agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Hellen.nyc and customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by customer shall be deemed rejected by Hellen.nyc without need of further notice and shall not be part of this agreement or in any way binding upon Hellen.nyc

 

Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.

 

Acceptance of this agreement: Use of the site represents an acceptance by the customer of the terms of this agreement. Use of the site shall be governed solely by the terms of this agreement, as the same may be amended from time to time, and the policies published by Hellen.nyc on the site, which shall be the entire agreement of the parties with regard to the use of this site. Amendments or other modifications to this agreement may, from time to time, be made by Hellen.nyc sending an email to the customer at customer's last known email address or by posting thereof on the site. If you have any questions regarding the terms of this agreement, please contact us by sending an email here info@hellen.nyc.