Terms of Use

GENERAL

Please note that during sale periods such as Black Friday and Cyber Monday wait times from customer service may take longer than normal. We will answer any and all questions as quickly as possible.

From time to time, we may change the terms that govern your use of our Site.  Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.  We may change, move or delete portions of, or may add to, our Site from time to time.

PRODUCT INFORMATION

Most of Mishka NYC's products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

PRODUCT AVAILABILITY

Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, to our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order and refund your money.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Mishka NYC collectively, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Mishka NYC.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.  No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Mishka 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 Mishka NYC's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Mishka NYC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.  Thus, Mishka NYC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.  Mishka NYC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments you make.

You agree that Mishka NYC may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.  By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Mishka NYC may use your information for marketing and promotional purposes.

MISHKA NYC COMMUNICATIONS TO YOU

You agree that Mishka NYC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Mishka NYC's products or services, or for such other purpose(s) as Mishka NYC deems appropriate.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MISHKA NYC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER

From time to time there may be information on mishkanyc.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION

You agree to defend, indemnify and hold Mishka NYC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent MISHKA NYC products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Mishka NYC's products and services available in the United States and select foreign markets. This Site is controlled and operated by Mishka NYC from its offices in Brooklyn, New York.

TERMINATION

This Agreement is effective unless and until terminated by either you or Mishka NYC.  You may terminate this Agreement at any time. Mishka NYC also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Mishka NYC's sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or Mishka NYC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

COLLECTION OF INFORMATION
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

COOKIES/TRACKING
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

DISTRIBUTION OF INFORMATION
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

COMMITMENT TO DATA SECURITY
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

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