NYX PROFESSIONAL MAKEUP ACCESS TERMS AND CONDITIONS
THESE NYX PROFESSIONAL MAKEUP ACCESS TERMS AND CONDITIONS ARE EFFECTIVE AS OF AUGUST 18, 2024.
The NYX Professional Makeup Access Program (“NYX PROFESSIONAL MAKEUP ACCESS” or “Program”), operated by L’Oréal USA, S/D, Inc., is open to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older at the time of registration. Void where prohibited.
If you already have an account with NYX Professional Makeup, or if you create an account with NYX Professional Makeup, you will automatically be enrolled in the NYX PROFESSIONAL MAKEUP ACCESS Program and must be logged into your account to take advantage of Program benefits. However, you need not join the Program to purchase products at NYX Professional Makeup. Any personal information you provide in connection with the Program will be subject to NYX Professional Makeup’s Privacy Policy.
Membership in the Program and its benefits are offered at the discretion of NYX Professional Makeup, a member of the L’Oreal USA family of brands. NYX Professional Makeup may, at any time, terminate, change, limit, modify or cancel the Program or any rules, regulations, benefits, or conditions of participation by posting the modified rules on the NYX Professional Makeup website. Your continued participation in the program after such posting will constitute your acceptance. By creating an account and participating in the Program, you hereby agree to these Terms and Conditions, which may be updated from time to time by NYX Professional Makeup in its sole discretion, and that you meet the eligibility requirements. Changes to the Program or these Terms and Conditions will be communicated via the email used to sign-up for an account or on this website.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA S/D, INC. ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA S/D, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
WHERE TO ENROLL AND PROGRAM BENEFITS
If you already have an account with NYX Professional Makeup, or if you create a new account with NYX Professional Makeup, you will be enrolled automatically in the Program. You may create an account through https://www.nyxcosmetics.com/account-login. To enroll, you must provide the information requested on the account creation page. Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information.
In order to take advantage of any member offers on the Site, You must be logged into your NYX Professional Makeup account. Benefits associated may vary from time to time in our sole discretion and more information about the benefits can be found on the Site. Some of the Program benefits may include:- Exclusive access to member-only sales
- Early access to product launches
- Exclusive access to merchandise launches
- Exclusive access to participate in product and community surveys
- Exclusive member only promotions such as sweepstakes
NYX Professional Makeup reserves the right to limit the quantities of offers redeemed by a single member in a given time period. Offers can only be used by the member.
NYX Professional Makeup may offer limited time offers or may make promotional offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.
NYX Professional Makeup reserves the right, without limitation, to terminate, change, limit, modify or cancel any of the above benefits with or without notice.
NOTICE OF FINANCIAL INCENTIVE
In connection with the Program, we may offer financial incentives and/or price or service differences (“< b>Incentives”) to Program members based on participation in the Program benefits as further described in these Terms and our Notice of Financial Incentives, in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities to earn rewards, such as purchase history, date of birth, participation in NYX Professional Makeup events, and engagement with NYX Professional Makeup as described in these Terms (“Program Data”).
The value of Program Data is calculated by determining the approximate additional spending per Program member, per year compared to individuals who are not yet enrolled in the Program. The value of Program Data is reasonably related to the costs associated with offering the Incentives. You can join the Program here, and you can close your account to cancel your membership at any time by contacting NYX Professional Makeup Customer Support at our toll-free number 1-844-335-3510. For more information, please review our Privacy Policy.
PRIVACY
Your privacy is important to us. Enrollment information collected by the Program and other information about you associated with the Program is subject to NYX Professional Makeup’s Privacy Policy.
ELIGIBILITY
Only one Program account may be associated with a single email address. In the event of a dispute over ownership of a membership account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
By enrolling in the Program, you agree to provide true, accurate, current, and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any data that is untrue, inaccurate, not current, or incomplete, or if NYX Professional Makeup, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete, or that you are in any way abusing your membership in Program, NYX Professional Makeup reserves the right to suspend, terminate or refuse your participation.
COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION
As a member, you will periodically receive emails from NYX Professional Makeup. You may opt-out of the marketing emails at any time, but transactional, relationship, and operational emails will still be sent to you as it relates to your membership in Program or NYX Professional Makeup purchases. Examples of these are: Program welcome email, purchase confirmation or status emails, or other communications that help us to ensure that your account is monitored.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF NYX PROFESSIONAL MAKEUP, L’OREAL USAS/D, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NYX PROFESSIONAL MAKEUP IMPROPERLY DENIES A MEMBER ANYBENEFIT, LIABILITY WILL BE LIMITED TO THE EQUIVALENTVALUE OF THE BENEFIT. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
By participating in the Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in Program, or agreement to these program terms and conditions. NYX Professional Makeup is not responsible for requests or correspondence lost or delayed in the mail.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR MEMBERSHIP IN THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT
YOU AND L’ORÉAL USA S/D, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and L’Oréal USA S/D, Inc. agree that any controversy, claim, action, or dispute between you and L’Oréal USA S/D, Inc., its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Program (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to L’Oréal USA S/D, Inc. by contacting the NYX Professional Makeup Customer Support at our toll-free number 1-844-335-3510 to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
Both you and L’Oréal USA S/D, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Right to Bring Small Claims in Court. Instead of arbitration, either you or L’Oréal USA S/D, Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Oréal USA S/D, Inc. will reimburse those fees in an amount up to $10,000. L’Oréal USA S/D, Inc. also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Oréal USA S/D, Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Oréal USA S/D, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with L’Oréal USA S/D, Inc. and/or participation in the Program ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
GENERAL PROGRAM CONDITIONS AND EXCLUSIONS
NYX Professional Makeup Program and Offers cannot be redeemed for cash at any time (unless required by law) and have no cash value. Program offers may be time-limited or available only in limited quantities.
Member Program benefits are not valid unless earned in strict compliance with the requirements set forth and intended by NYX Professional Makeup, and member shall not attempt to earn any Program benefits by any means (including without limitation, by using any script, bot, data mine, or other automated means) that only simulates applicable requirements. In the case of a dispute regarding any Program benefits available to any member, NYX Professional Makeup’s decision will be final. Upon termination of membership for any reason, all account benefits will be forfeited and NYX Professional Makeup will not provide cash equivalent for rewards or account spend balances. By enrolling in the Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Program, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates NYX Professional Makeup Site Terms of Use or any Other Agreement; You further agree not to (a) upload any content that imposes an unreasonable or disproportionately large load on NYX Professional Makeup computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Program, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of NYX Professional Makeup, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of NYX Professional Makeup; (d) harvests, scrapes or collects any information from https://www.nyxcosmetics.com/account-login.
NYX Professional Makeup is not responsible for problems related to any of the equipment or programming associated with or utilized by the member; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
If you have questions about your enrollment, these Terms and Conditions or Member offers, please contact NYX Professional Makeup Customer Support at our toll-free number 1-844-335-3510.
