MyShoeniverse.com By WyKay Terms of Use

Please read these Terms of Use (the “Agreement”) carefully. This Agreement governs your use of websites owned or operated by WyKay, Inc. (“WyKay”) or permutations of those sites, including certain co-branded versions of those sites with third parties that refer to these Terms of Use by a direct hyperlink (collectively, the “Websites”) and the services provided by WyKay through or in connection with the Websites (collectively, the “Service”). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service.

Amazon Affiliate Disclosure:

“We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.”

MyShoeniverse.com IS AN INDEPENDENT PLATFORM. The Websites act as online marketplaces for You to find and transact with registered members of the Websites (“Members”), other non-registered users and buyers or sellers (collectively the “Users”) showing products or services on the Service or otherwise associated with the Service. MyShoeniverse.com does not sell any products or provide any services (except the Service) and is not a party to any transaction You may make with any seller. MyShoeniverse.com does not sell or license any of the products or services listed on the Websites and MyShoeniverse.com is not acting as an agent of sale or an agent of any merchant or provider of products or services. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on the Websites. WyKay does not have any responsibility for, or liability related to, any products and services listed on the Websites. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.

MyShoeniverse.com has no control over and does not warrant in any way that prices, shipping costs, taxes, products or descriptions provided by sellers or other third parties, or any other content of the Websites is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and MyShoeniverse.com shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Websites. MyShoeniverse.com is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. MyShoeniverse.com is not liable for any negligence, acts or omission of acts of any seller on the Websites. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Websites can change without notice.

TRANSACTIONS. You may post content or view content posted by Users on the Service. WyKay does not undertake any obligation to monitor, nor assumes any responsibility, and shall not be responsible for, any such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with other Users. WyKay is not a party to any transactions between You and the Users of the Websites.

You may complete transactions as follows:

Transaction Processing by the Seller. For certain transactions: (i) sellers direct buyers to the seller’s website for transaction processing, or (ii) sellers provide buyers with sellers’ contact information to complete a transaction. WyKay never collects credit card information from buyers for transactions conducted through these methods.

Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions. WyKay does not undertake any obligation or liability in respect of such third party transaction processing.

The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in such a third party transaction through the Service, You agree and accept the Agreement and any additional terms of service imposed by third parties. WyKay and WyKay Partners assume no liability, obligation or responsibility in connection with any transactions between You and the Users of the Websites.

In so far as permitted by law, if You have a dispute with any User or any third party, including any sellers of products, You release WyKay (and its subsidiaries, affiliates, and each of their respective directors, officers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

LINKS. WyKay and WyKay Partners may provide links to external websites or resources which are not the Websites for your convenience and reference only. WyKay and WyKay Partners have no obligation to review any sites linked to the Websites, do not control or endorse, and are not responsible for the availability of, these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk.

MEMBER REGISTRATION. You must register as a Member with WyKay to access certain functions of the Websites. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. The Registration Data will be collected, used and disclosed in accordance with WyKay’s Privacy Policy. You may not use the Websites and Service if your WyKay account has been suspended. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. WyKay and its service providers are not liable for any loss that You may suffer through the use of your password by others. You agree to notify WyKay immediately of any unauthorized use of your account (and to take such reasonable steps that are necessary to prevent any reoccurrence of such event) or of any other breach of security known to You with respect to the Service. You agree to report any violations of this Agreement by others to wykay2016@gmail.com

OWNERSHIP. All of the material included on the Websites or provided in the Service, including but not limited to trademarks, text, graphics, logos, service marks, trade dress and copyrights (collectively, the “Content”), is the property of WyKay and other parties. U.S., Canadian and international copyright laws protects all Content available on the Websites. The overall design and layout of the Websites constitutes the exclusive trade dress of WyKay, and is protected pursuant to trademark laws. Your use of the Service and the Content does not transfer to You any ownership or other rights in the Service or the Content. You may download Content displayed on the Websites for your personal, non-commercial use only, provided You also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute,transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.

LICENSE.

Grant of License. You hereby grant to WyKay, on all media, whether now known or hereinafter devised, a non-exclusive, irrevocable, worldwide, perpetual, sublicensable, assignable, royalty-free license to: display, publish, use, translate, create derivative works from, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by You to WyKay (“Member Content”) including seller and product reviews (as described below) and display your name or User name, trademarks and service marks (as used in connection with Member Content) and exercise copyright and other intellectual property rights You have in the Member Content, in any past, current or future media. You also waive all moral rights You have in the Member Content to the fullest extent permitted by law. You may submit Member Content only in accordance with WyKay’s current content submission guidelines. WyKay shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Websites at any time in its sole discretion. WyKay has no obligation to monitor Member Content submitted by You or others in connection with the Websites. Unless or until WyKay specifies another form of delivery of Member Content or another URL address, You may submit Member Content to WyKay at async http://www.WyKay.com. As the sole consideration for the license and rights granted to WyKay under the Agreement, WyKay will consider posting Member Content on the Websites.

Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content You submit to WyKay, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by WyKay to others.

ACCEPTABLE USE OF THE WEBSITES. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.

In addition, the following rules apply to your use of the Service:

You certify to WyKay that You are of the age of majority within your province of residence and that You are able to form legally binding contracts.

You assume full responsibility for the use of the Service by any dependent minors.

Your use of the Service is subject to all applicable local, provincial, federal and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.

You are solely responsible for the content of your transmissions. You acknowledge and agree that WyKay does not endorse the actions, the contents of communications, or the products of Users.

You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.

You must complete all transactions You agree to complete in connection with the Service.

You must abide by all of the then-current terms of WyKay’s Privacy Policy as set forth on the Websites and as updated from time to time by WyKay in its sole discretion.

PROHIBITED CONDUCT. You must not: (i) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (ii) directly or indirectly interfere or attempt to interfere with the proper working of the Websites, any account, or any communication or transaction being conducted on our Websites; (iii) use any robot, spider, scraper other automatic device, or manual process to monitor or copy our web pages or the Content for any purpose without our prior expressed written permission; (iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (v) use or disclose (to anyone except WyKay where legally permitted) any information You obtain about or from other Users of the Service, or which You obtain from WyKay, for any improper purpose,(vi) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (vii) send any unsolicited e-mail or advertising to any known User or (viii) use the Service for any use other than personal, non-commercial purposes unless specifically approved in writing by WyKay, in its sole discretion.

REVIEWS. You may submit reviews to describe your shopping experiences with sellers and service providers. In submitting reviews:

You agree only to submit a review in good faith about a seller from whom You have actually purchased or attempted to purchase products or services. Your review must be an accurate description of your experience with the seller.

Any review that You submit is subject to the terms, conditions and restrictions described elsewhere in this Agreement.

WyKay may impose reasonable restrictions on reviews, and establish rules to help ensure that reviews are legitimate and appropriate. WyKay may, in its sole discretion, omit or remove any seller review that it determines violates any requirements in this Agreement or any other agreement. Sellers may dispute the validity of a review, and WyKay may, in its sole discretion, remove the review or take other actions that it believes are appropriate.

You understand that merchant/provider reviews are submitted by other Users. WyKay has no responsibility for the content or accuracy of any reviews.

PRIVACY POLICY. Please see WyKay’s Privacy Policy. By accepting the Agreement, and each time You use the Service, You consent to WyKay’s collection, use and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice.

DISCLAIMER OF WARRANTIES.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS YOU ARE ENTITLED TO AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR ALTERED BY YOUR CONTRACTUAL AGREEMENT.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK.

WYKAY PROVIDES THE SERVICE ON AN “AS IS” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WYKAY AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WYKAY AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION, TERM OR OTHER CONDITION:

THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR

AS TO (a) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (b) CONFIDENTIALITY OR PRIVACY OF ANY OF USER’S INFORMATION REGISTRATION DATA; OR (iii) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

WYKAY AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION, TERM OR CONDITION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR OTHER USERS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYKAY OR THROUGH THE SERVICE, SHALL CREATE ANY REPRESENTATION, TERM, CONDITIONS OR WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

While WyKay takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, term, condition or representation, express, implied, or otherwise, that we will prevent unauthorized access to your private information. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WYKAY BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WYKAY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

LIMITATION OF LIABILITY.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR:

DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;

FRAUD OR FRAUDULENT MISREPRESENTATION; OR

AVAILABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW WYKAY AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM:

THE USE OR THE INABILITY TO USE THE SERVICE

ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

INCLUDING BUT NOT LIMITED TO, DAMAGES FOR (i) LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT); AND (ii) LOSS OF USE, DATA OR OTHER INTANGIBLE, EVEN IF WYKAY OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WYKAY AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY WYKAY OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER WYKAY OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WYKAY FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

INDEMNIFICATION. You agree to indemnify and hold WyKay, its subsidiaries, affiliates and their respective directors, officers, agents and employees and service providers harmless from any claim or demand, including reasonable professional legal advisers’ fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by You, or the infringement by You, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. WyKay and its service providers assume no responsibility whatsoever for such content or actions.

TERMINATION. If You breach any provision of this Agreement, You may no longer use the Service. WyKay may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to You and without liability to You or any other person. If WyKay terminates this Agreement for any reason, it continues to apply and bind You with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, WyKay may remove from the Websites and permanently delete and destroy any Member Content that You or others may have posted or submitted without any prior notice or liability to You or any other person.

TRADEMARK AND COPYRIGHT NOTICES. The Websites are venues that, among other things, allow sellers to post product and service information for review by interested consumers and allows consumers to provide information and feedback on sellers, products and services. If You believe that a merchant or other User has acted in connection with the Websites in a way that infringes your trademark or copyright, WyKay encourages You to resolve your dispute directly with the merchant or User. Sellers or Users may have placed the same or similar information or content on other websites or media, and working directly with the Merchant or User will often be the most effective way to resolve your dispute. WyKay does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites, and You should contact third-party sites directly to resolve any disputes that You may have with them.

To provide a notice of copyright or trademark infringement relating to the Websites, please provide the following information to WyKay’s Copyright Agent:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property;

a description of the copyrighted work, trademark or other intellectual property that You claim has been infringed;

the location on the Websites of the material that You claim is infringing, with enough detail to allow us to locate it;

your address, telephone number, and email address;

a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by You that the above information in your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

All correspondence regarding intellectual property matters should be sent to WyKay’s Copyright Agent at:

 

By mail

Copyright Agent

WyKay Inc.

50 Battery Place, Apt 6U

New York, NY 10280

 

By email

customerservice@wykay.com

DISPUTE RESOLUTION (The “Arbitration Clause”). In the event of a dispute, you and WyKay agree to submit to binding arbitration, except that if you have violated or threatened to violate WyKay’s or any WyKay Partner or User’s intellectual property rights, WyKay or the WyKay Partner or User may seek injunctive or other appropriate relief in the state or federal courts in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. The arbitration will be held before one arbitrator on an individual basis. To the fullest extent permitted by law, you waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.

You and WyKay shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, WyKay will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. WyKay will pay additional arbitration expenses to the extent that the arbitrator determines that WyKay must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.

The arbitrator’s award is final and binding on all parties. The United States Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WYKAY WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST WYKAY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

NOTICES. Except as stated otherwise, any notices shall be given in writing by postal mail to WyKay, Inc. Attn: Legal Affairs Department, 1 West St., Apt 2209, New York, NY – 10004, USA. with a copy by e-mail: customerservice@wykay.com

GENERAL.

The Agreement comprises the entire agreement between You and WyKay, Inc a corporation registered in the State of Delaware, USA having its place of business at 1 West St., Apt 2209, New York, NY-10004, USA and supersedes all prior agreements regarding the subject matter contained herein.

This Agreement shall be governed by and construed in accordance with the laws of the state of New York and shall be governed by the non-exclusive jurisdiction of the courts located in New York, and you consent to jurisdiction and venue in such courts.

If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

WyKay’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WyKay in writing.

The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

© 2016 WyKay, Inc.

 

WyKay Privacy Policy

WyKay, Inc. – Website Privacy Statement/Your New York Privacy Rights

Effective January 1, 2017

SCOPE AND CHANGES

WyKay, Inc. and/or our subsidiaries (“WyKay, ” “us” or “we”) operate the website  www.myshoeniverse.com. This Website Privacy Statement is designed to inform you of the types of information we collect from users, how we use that information, and the circumstances under which we will share it with third parties. This Website Privacy Statement applies only to the Websites. It does not apply to your use of any other websites (whether or not operated by us), including any websites to which we provide links or websites of our partners or advertisers, or to any activities which are not online. Some services referenced in this Privacy Statement are not available on some Websites. Portions of this Website Privacy Statement that pertain to such features or services may not be applicable on each of the Websites.

This Privacy Statement applies to all “users”, including those who visit the Websites without being registered. This Website Privacy Statement is effective as of the date listed above. Even if you read and/or agreed to a prior privacy statement, you need to review this updated version. We reserve the right to revise this Website Privacy Statement at any time and at our discretion, as described in this paragraph. If we decide to change our Website Privacy Statement, we will post those changes to this Website Privacy Statement accessible on the homepages of the Websites, and other places we deem appropriate. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection, we will notify users via either email or by posting a notice on the Websites within a reasonable timeframe prior to such use taking effect.

PEOPLE UNDER 18 YEARS OLD

Our Websites are not intended for use by people under eighteen (18) years of age. If you are under 18, please do not send any information to us. By accessing Websites or using our services, you represent that you are 18 years of age or older.

INFORMATION COLLECTION AND USE

This section describes the information that we collect about you and how it is used.

2.1 Information Submitted by You:

You are not required to provide information about yourself when you visit our Websites but you may elect to do so, such as to take advantage of certain services or features. Examples of situations where you may submit information include:

Account or Profile Information: On some of the Websites, you may become a registered user or register for email notices from us. If you do, we ask for some basic contact information, such as a username, ZIP Code and email address. In some cases, as described below, you may enter additional account information. You also may choose to provide other information, either as part of your public profile or otherwise, such as your age, gender or interests.

Order Processing Information: We may allow checkout or payment processing features on the Websites to facilitate your purchase of products from merchants. The checkout or payment processing services are provided by a third party service provider, and all sales are made by the merchant. The service provider will collect information that is needed to process the order, such as credit card and related information like your billing address, as well as information that is needed for your order, such as your shipping address and the products that you purchased. This information is transmitted by the service provider to the merchant to complete your order. This information may be collected and stored by the third party service provider and/or the merchant in order to complete these functions. The service provider also may provide us with your contact information (such as name and email address) as well as product purchase information. Our privacy policy will apply to information that we collect or receive, the service provider’s privacy policy will apply to information that it collects or receives and the merchant’s privacy policy will apply to information that we, our service provider, or you provide to the merchant.

Customer Service: You may elect to provide us with information about your purchases, such as customer service requests or information about merchant issues.

Content or Correspondence Submitted By You: If you choose to post content on any of the Websites (for example, a product or merchant review, wish list, or comment or discussion forums), or submit personal correspondence to WyKay, we may collect and maintain that information in a file specific to you. Our Websites may also allow you to interact and share personal information and data with others. For example, some of the Websites allow you to create lists of products that are interesting to you. The default for certain lists is for the list to be publicly available. You may change the privacy setting of your lists as provided on the Websites. Additionally, some of the Websites may allow you to share information on social networks, as described in the section “Social Networks”.

Social Networks: Some of the Websites allow you to register or login to an account you already have with a social networking account, such as Facebook. If you decide to login via a social networking account, we receive information about you from the social networking account, which can include your name, profile picture, email address, gender, user ID, and comments made on the social networking account site. Logging in to our Websites via a social networking account is always optional, but may allow you to publish your activity or interactions with our Websites to your social network account, such as Facebook or Twitter. The information we collect, and the social network’s use of any information that you publish to it, may depend on the privacy settings you have with the social networking account or the social network’s privacy policy, so be sure to consult your social networking account’s privacy settings, and the social networking account’s privacy policy and terms of use.

Social Media Widgets: Our Website includes Social Media Features, such as the Facebook and Twitter buttons and Widgets. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Blog: Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at legalnotices@WyKay.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Survey / Contest: We may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address). We use this information to improve our site, notify you if you won a contest or to send you an email newsletter or other marketing materials. We use SurveyMonkey a third party service provider to conduct these surveys; that company is prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a survey with other third parties unless we give you prior notice and choice.

Links to Third Parties: Our Site includes links to other Websites whose privacy practices may differ from those of WyKay. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

2.2 Automatically Collected Information: Examples of information that may be automatically collected include:

Cookies, Web Beacons and Similar Technology: A cookie is a small file stored on a computer’s hard drive or mobile device. We use both “session” cookies, which terminate when a user closes his browser, and “persistent” cookies, which remain on the user’s computer until manually deleted. We also may use web beacons (also called clear gifs), which are simple pieces of code that allow us to place small images on web pages or emails, or other standard technology that are similar in function to cookies. We and our partners, affiliates, analytics, or email service providers use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We use cookies, for example, to save information on your username, ZIP Code and Website preferences, and to collect anonymous information about your use of our Websites and services (including your browsing history, the terms you searched, the products you viewed, your activity on the pages you view, etc.) and your interaction with our advertisements that are served on the Websites or other sites. You may decline our cookies if your web browser software permits, although this may prevent you from accessing certain features on our Websites.

Log Files: Log files store information including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks, and are used to analyze trends, administer the Websites, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. We do not tie log files to personally identifiable information.

Local Shared Objects: We use Local Shared Objects, such as Flash cookies and HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies and HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click  here:

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking  here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

2.3 Information Supplied by Third Parties: We may receive information about you or your use of our or others’ websites from other sources, including through the placement of our cookie or similar technology on third party merchant, partner and advertising sites. For example, we may receive product search or purchase information from merchants whose sites you visit after clicking on a product listing on our Website, updated or corrected contact information from third party vendors, credit or related information as part of vendors’ fraud detection services (but only with users or merchant’s permission to do so), or contact, demographic and other profile information through your interaction with us through social networking accounts, such as Facebook and Twitter (for example, by adding us as a friend on Facebook, following our Twitter account, or engaging in Facebook’s “Like” feature). We also may receive or collect similar information from co-branded partners’ sites that you visit.

2.4 Combining Information: We may combine the information that we receive about you from different sources. For example, information about your use of one of our Websites may be combined with information about your use of a different Website or a co-branded partners’ site.

USES OF YOUR INFORMATION

We may use the information that we collect or receive to create a user profile in connection with your account. A profile is stored information that we keep on individual users that detail their viewing preferences, activities and interactions. We may augment the information that you provide to us with information that we collect about you or information from third parties, as described in this Privacy Statement. The information that we receive about you, including profile information, allows us to provide a number of different services across the Websites and on other sites or applications. For example, we may use:

Your zip code, email address and/or geolocation to provide you with localized services, such as computing TruePrice, which reflects the cost of shipping and sales tax, and matching you with local service providers for some of the matching services we provide (e.g., products, services, deals and/or coupons available locally).

Your IP address and/or unique device identifier at times to help identify you as you browse and to gather broad technical and demographic information on who uses our Websites.

Your email address to provide you with certain information or updates (such as price alerts, our newsletters, or deals notices) if requested by you and facilitate your provision of product or merchant reviews.

The information to manage your account, facilitate the use of certain features of our Websites (e.g., personalized product recommendations, suggestions of content that may be of interest to you, TruePrice prices, submission of product/merchant reviews and creation of your lists) and to send you information about our company, services and products or offers from our partners and advertisers.

Information about your use of our Websites and our partners’ sites, such as your searches or browsing history, recently viewed items and the products you have purchased, to personalize your experience on the Websites and the search results that we provide you based on your interests, or make recommendations or suggestions to you and to provide you with content and advertising that is more relevant and interesting for you both on our Websites and on third party sites.

Anonymous use and browsing information to improve the Websites and our services or third party services such as by analyzing what content or services are helpful or interesting to users, provide better recommendations, perform site optimization, managing content on our Websites by informing us what content and which campaigns are effective, and evaluating the effectiveness of our communications and our marketing campaigns.

To contact you regarding the status of your inquiries relating to services or products listed on our Websites or confirm, complete or update your registration or for any other business reason related to your use of our Websites.

To contact you regarding account status, changes to this Website Privacy Statement, our Terms of Use or other terms applicable to your use of the Websites.

To contact you in response to a customer service question from you, or in relation to any issue arising in respect of the agreement between us and you, or to resolve or attempt to resolve a dispute between users or between us and you.

To send related communications regarding, transactions you make using our payment processing service.

To improve the experience of using the Websites, improve WyKay’s products and services, improve marketing and promotion of our products and services, customize the Websites’ content and layout, and generally improve the Websites to meet your needs better.

WHO WE SHARE YOUR INFORMATION WITH

We will share your personal information with third parties only in the ways that are described in this privacy statement.

Publicly Available Information: Certain information that you provide, such as your lists, is publicly available unless you choose to make it private. You may control the information that is publicly available by signing into your account and adjusting your settings. Additionally, if you choose to activate the setting, some Websites allow you to publish your activity or interactions with our Websites to your social networking account.

Aggregated Information: We aggregate personal information into statistics about users, their usage of the Websites, traffic patterns, and demographics. We may provide third parties, including merchants, partners and advertisers with such statistics, but never in a way that would make the information personally identifiable. This data is aggregated from millions of users who visit the Websites each month.

Anonymous Information: We may provide your anonymous use and browsing information, including the search queries that you enter or products that you view on our site, to third parties, which may include allowing merchants, partners and advertisers, to place cookies and/or web beacons on the Websites and/or clear gifs in our HTML emails to allow third parties to optimize and/or provide you with advertisements that are tailored to your interests.

Merchants and Partners: If you click from the Websites to visit a merchant or other partner, we may provide information about your use of the Websites, such as your search queries, to the merchant or partner, to allow them to provide results that are more tailored to your interests.

Co-Branded Partners: Co-Branded Partners are third parties with whom we may jointly offer a Website, service or feature. We do not collect or share personal information on our co-branded sites. In some instances we utilize framing techniques, which may make it appear that you are on our site when you are actually on a third party website, or may make it appear that you are on a third party website when you are actually on our Website. The privacy policy that governs will be present on these pages so you always know whose privacy practices govern the collection and use of the information that you submit. The Co-Branded Partner’s privacy policy may apply to its use of your information.

Service Providers: We may use external service providers to facilitate, improve or outsource elements of our service or operation of the Websites, including processing credit card transactions, sending emails, and providing marketing assistance or analysis. We may provide your information to, or exchange your information with, these service providers for use in their provision of services to us, such as fraud protection and credit risk reduction or marketing analysis. These external service providers may have access to personally identifiable information needed to perform their functions or services to us, but may not use it for other purposes.

Business Transfer and Affiliates: We may share your information with companies that are affiliated with us, that is, are our direct or indirect subsidiaries or parent or sister companies. As we continue to develop our business we might buy or sell companies, subsidiaries, or business units. In such transactions, customer information is generally one of the transferred assets but remains subject to the provisions of any pre-existing privacy statement. In the event that we or substantially all of our assets are acquired, your information may be one of the transferred assets and we may share or assign it with an actual or potential acquirer.

Legal Requests and Customers’ Requests: We may release information from or about you to cooperate with law enforcement officials and third parties to enforce all applicable laws including but not limited to laws relating to intellectual property rights, fraud, and other rights. We also may release information from or about you without a subpoena, court order or other substantially similar legal procedure to law enforcement entities or third parties when we believe release is necessary to comply with the law; to protect our rights, property, or the integrity of the Websites, or the rights or property of our merchants/service providers, customers, users or third parties; or to prevent or investigate illegal activities, suspected fraud, situations involving potential threat to the physical safety of any person, or violation of our Terms of Use or other agreement between you and us. Further we can (and you authorize us to) disclose information from or about you to consumers who have alleged fraud or any other consumer dispute relating to their transactions and/or communications with you.

Other Trusted Parties: We may provide your contact information and other personal data to trusted third parties so they may provide information to you on products and services that may be of interest to you.

Advertisers: We may share information with advertisers as described in the Interest-Based Advertising section below.

ACCESSING, DELETING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION

Registered users can review, update, amend, delete/remove personally identifiable information by signing in using your member name or email address and password, and in some cases, logging in through your social networking account, and then clicking on your “Account” or “Profile” link. Notwithstanding any request from you, we may retain a record of your information that is necessary to comply with applicable law or as necessary to manage your account. To view or change your preferences regarding your use of the Websites and our use of that information, including for the purpose of providing you with advertisements that may be of interest to you, please click  here. For access and changes of any other data, please contact us at  legalnotices@WyKay.com or the address listed in Section 11 “Contact Us”. Upon receipt of your request, which may be subject to identification verification, we will comply with appropriate data correction requests in accordance with applicable law. For access requests, we will respond within a reasonable timeframe upon receiving your request.

You should also note that if we have provided your information to third parties or if you have allowed third parties to access information through our Websites (such as by publishing your activity and interaction with our Websites to your social networking account, such as Facebook), you will have to make a separate request to them directly if you want to have your information removed from, or corrected in, their databases.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

INTERNET-BASED ADVERTISING

WyKay may display interest-based advertising, also known as personalized or targeted advertising, to you on both the Websites and on unaffiliated sites, using information that we collect when you interact with the Websites or information made available to us by third parties. Please see the section entitled Information Collection and Use for more information on the types of information we gather, including from third parties, which allow us to provide you with more useful and relevant ads. We do not provide personally identifiable information to advertisers or third party sites that display our ads. We also may provide information about your use of the Websites to advertising partners to allow them to show you more relevant advertisements on their sites or in their advertising networks.

Some of the advertisements that appear on the Websites are delivered or served to you by third-party Internet advertising companies (also called “ad networks” or “network advertisers”). These companies use certain technologies to deliver advertisements and marketing messages and also use cookies, clear gifs or similar methods to collect information, such as anonymous data about your visit to and use of the Websites and your interactions with their advertisements. These companies may use this information and information that they have collected from other websites to provide you with advertisements that are tailored to your interests. We do not have access to or control over cookies or other features that these companies may use, and the information practices of these advertisers and third-party Websites are not covered by this Website Privacy Statement. Please contact them directly for more information about their privacy practices.

The  Network Advertising Initiative and the  Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising offers useful information about Internet advertising companies including information about how to opt-out of their information collection practices. To receive further information or to opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, visit  http://www.networkadvertising.org/index.asp and  http://www.aboutads.info/choices/

CHOICE / OPT OUT POLICY

Email: We understand you may not want to receive promotional email from us. You can choose to opt out of receiving promotional email communications by:

Clicking  here if you are a registered user.

Email us at  customerservice@WyKay.com.

Click the appropriate unsubscribe link contained within the email that you receive.

Please note that opting out may prevent you from receiving email regarding updates and improvements to the Websites or offers and promotions that may interest you.

In some cases you have the option to submit personal information in order to forward this information to our partners that have products or services in which you may be interested. In the event we share this information with our partners (e.g., service providers), we no longer have control over the use of such information and your rights regarding such use will be governed by the policies of our partners. You will then have to contact them directly with any opt-out request.

Advertising Preferences: We may collect information about your interaction with our advertisements by using advertising cookies. We may also allow advertising partners to record that you have visited the Websites to allow us to provide you with relevant advertising on the partners’ sites. To opt-out of our advertising cookies or partner advertising cookies, please click  here.

Personalization Preferences: To change your preferences regarding your search and browsing history and our use of that information, including providing you with advertisements that may be of interest to you, please click  here.

SECURITY MEASURES TO PROTECT YOUR PERSONAL INFORMATION

The security and confidentiality of your information is very important to us. We have implemented reasonable technical, administrative, and physical security measures designed to protect your information from unauthorized access and improper use during transmission and once it’s received. We review our security procedures on a regular basis to consider new or updated and appropriate technology and methods. However, no method of transmission of information over the Internet, or method of electronic storage of information, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

It is important that you use a strong password and protect your password from unauthorized use.

YOUR NEW YORK PRIVACY RIGHTS

New York Civil Code Section 1798.83 permits residents of New York who use our service for private, family or household purposes to request certain standard information regarding our disclosure of personal information to third parties for their direct marketing purposes (including a list of categories of data disclosed in the previous calendar year and names and addresses of data recipients). To make such a request, please contact us as provided below.

INTERNET CRIME COMPLAINT CENTER

WyKay wants your Internet surfing experience to be safe. Help protect yourself. If you believe you have been a victim of Internet crime you can file a complaint with the Internet Crime Complaint Center (IC3), a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center. Their website is  http://www.ic3.gov/.

CHOICE / OPT OUT POLICY

Email: We understand you may not want to receive promotional email from us. You can choose to opt out of receiving promotional email communications by:

Contact Us

If you have any questions about this Website Privacy Statement, the practices of the Websites, or your use of the Websites, please contact us at:

Privacy Officer

50 Battery Place.

Apt 6U

New York City, NY 10280

legalnotices@WyKay.com