BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.
Acceptance of Terms
The Mika Look online and mobile services and their associated web pages, interactive features, applications and blogs (collectively, the “Service”) are provided to allow users to purchase clothing, accessories and related products and are owned and managed by Mika Look, Inc. (“Mika Look”, “we”, “our” or “us”).
Certain programs or services offered by the Service, including without limitation, any contests, sweepstakes, referral or loyalty programs, and certain areas within this and/or other services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Service. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
Mika Look, Inc. (“Mika Look”, “we”, “us”, or “our”) is committed to maintaining your confidence and trust as it relates to the privacy of your information. Please read below and learn how we collect, protect, share and use your information as part of our technology platforms, including, without limitation, our websites, web pages, interactive features, applications, social network pages, and Mobile Application (“Platforms”).
Please review the Mika Look Privacy and Cookie Notice to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Service you agree to the terms of the Mika Look Index Privacy and Cookie Notice.
QUICK GUIDE TO CONTENTS
1. INFORMATION WE COLLECT ON OUR PLATFORMS.
2. HOW WE USE THE INFORMATION WE COLLECT
3. SHARING OF INFORMATION
4. INFORMATION WE RECEIVE FROM THIRD PARTIES
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.
8. SECURITY OF YOUR INFORMATION.
9. OTHER SITES.
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.
12. CONTACT US.
1. INFORMATION WE COLLECT ON OUR PLATFORMS
Information You Provide To Us
We may collect Personal Information (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, demographic information (such as zip code, age), or payment information (such as account or credit card number). The types of Personal Information we collect may vary depending on your use of the features of the Platforms. For example, we will collect your credit card number and other payment related information in connection with your purchase of products and/or services through the Platforms.
Information We Collect Automatically
Usage Information. Whenever you visit or interact with the Platforms, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, interaction with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor’s interests.
Device Identifier. We automatically collect your IP address or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device) you use to access the Platforms. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
Cookies; Pixel Tags.The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Platforms and your activities on such social networking sites We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information). A pixel tag may tell your browser to get content from another server.
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on our Platforms may not work properly because we may not be able to recognize and associate you with your Mika Look account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
2. HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect about and from you for a variety of business purposes such as to respond to your questions and requests; provide you with access to certain areas and features of the Platforms such as your favorite restaurants and your interaction with other users; verify your identity; communicate with you about your account and activities on the Platforms and, in our discretion, changes to any Mika Look policy; tailor content, advertisements, and offers we serve you; improve the Platforms; comply with license obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. [We may also collect your location-based information for the purpose of providing you with certain services such as recommendations as to restaurants in your area. We will only share this information with our mapping provide for the sole purpose of providing you with the service.]
3. SHARING OF INFORMATION
Except as described here, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate data and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:
Third Parties Providing Services On Our Behalf. We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance and “powered by” partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.
Business Transfers. We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that Mika Look is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.
4. INFORMATION WE RECEIVE FROM THIRD PARTIES
We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from Mika Look, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information and Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. Services like Facebook Connect give you the option to post information about your activities on our Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may supplement the information we collect about you through the Platforms with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Platforms; (ii) sending us an email at [email@example.com]; (iii) contacting us by mail at [130 W 25th Street, New York, NY 10001]; or (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platforms, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us a [firstname.lastname@example.org]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
[If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the [the NAI Opt-Out Page at http://www.networkadvertising.org/managing/opt_out.asp]. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network-advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The [NAI Opt-Out Page] provides a tool that identifies its member companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies.]
The Platforms are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
8. SECURITY OF YOUR INFORMATION
We take information security seriously and use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk. [When we collect sensitive information on our sites or within our mobile application (such as credit card number or geo-location information), we encrypt the transmission of that information using secure socket layer technology.]
9. OTHER SITES
The Platforms may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site that appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
The Platforms may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy Notice.
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Mika Look makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Platforms prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
12. CONTACT US.
If you have any questions or concerns about this Privacy Notice, the practices of the Platforms, or your experiences with the Platforms, please contact us at:
130 W 25th Street New York, NY 10001
Mika Look provides users with the ability to purchase clothing, accessories, shoes, and other related products offered through the Service (the "Products"). Please note that orders will be processed and Products will be delivered to you by a third party provider (“Third Party Provider”).
Modification/Termination of the Service
Mika Look may, in its sole discretion, modify, suspend, or terminate the Service and/or any portion thereof, at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Service, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Mika Look shall not be liable to you or any third party for any modification, suspension or termination of the Service or your access to the Service or cancellation of your orders or account.
Except where otherwise provided, the Service is currently available without charge. Mika Look reserves the right to charge a fee for access to or use of the Service, including the Service and any other services available through the Service, at any time in the future, and Mika Look will notify you before it does so. Your access to or use of the Service before such time does not entitle you to access or use without charge in the future.
You must register for an account to use the Services by completing the registration process specified by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account and for restricting access to your computer. You are also responsible for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account. In addition to all other rights available to us, including those set forth in this Agreement, we may suspend or terminate your account or your access to the Service, in whole or in part, or cancel your orders, if we have a reasonable belief that your account is being used in connection with fraudulent activity, if you breach the Agreement, or for any other reason we determine in our sole discretion.
You may cancel your account at any time by notifying Customer Service at [email@example.com].
PLACING ORDERS FOR PRODUCTS
A. After placing an order for a Product, you will receive notification from us acknowledging that Mika Look has received your order. Please note that this does not mean that your order has been accepted.
B. All orders are subject to acceptance by us or the applicable Third Party Provider, and we will provide notice of such acceptance to you by sending a notification that confirms that the order has been accepted and when the Product has been dispatched for delivery.
C. You are solely responsible to provide us with the accurate address for delivery of the Products you ordered. Delivery of the Products is performed by Third Party Providers, and as such we give no warranty or guarantee, in any event, for the delivery or the timely delivery of ordered Products.
D. We shall accept cancellation of unfulfilled orders up to 24 hours before scheduled delivery, or as otherwise permitted by applicable law. If the cancellation request is not made up to 24 hours before the scheduled delivery, or if the applicable Third Party Provider has already processed your order, you shall not be entitled to receive any portion of the payment previously made by you on account of such cancelled order.
E. The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include applicable state and local taxes, as well as any applicable rebates or fees.
MIKA currently ships in the US, Canada, Russia, and select countries in the Middle East Stay tuned for our future expansion into Europe and Asia!
Domestic shipping is complimentary, an added benefit of being a MIKA member! We are using FedEx for most of our deliveries.
A MIKA customer is liable to pay for international shipping. International orders will be sent through the most suitable carrier according to the size, weight and destination. Items that are large or heavy may include higher shipping prices to ensure quality of order delivery. Payment of these charges and taxes is the responsibility of the recipient and will not be covered by MIKA.
What is the estimated ship time of my MIKA purchase?
Depending on item availability and warehouse location, all MIKA ship times are variable. For the benefit of our customers, every item purchased via MIKA is first processed in-house, reducing the chance of incorrect or damaged deliveries.
Our goal is to process and ship your order within 4-10 business days of receipt. For items that are not yet at our warehouse, please allow 2-3 weeks for the item to be processed and shipped. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order.
Estimated delivery times will be provided as well as a tracking number. If further shipping or order information is required, please contact MIKA at firstname.lastname@example.org.
Your default shipping address can be modified from your My Account page. If you have just placed an order, you will have a brief window of 5 minutes to change your shipping address by visiting your My Account page.
Mika Look ships most orders via Fedex.. If you are shipping to a U.S. Post Office Box or military address, Mika Look will ship your order via USPS Priority Mail.
We are not able to reship packages that are returned to us by the carrier. All undelivered packages will be processed as a return. Please take this into consideration when selecting your shipping address for an order.
MIKA Return & Refund Policy - US
MIKA strives to provide convenience and flexibility by delivering some of the top designer labels to our customers. Due to the nature of our site, we are unable to accept returns on all products. Eligible items must be returned or exchanged within 21 days of the initial ship date, unless otherwise stated.
All items returned must be unworn, unwashed, undamaged and must be returned in their original packaging, including: polybags, hangers, gift boxes, shoes boxes, hang tags on garments, dust bags for handbags when applicable.
All international orders are final sale. Please contact our customer service team at email@example.com for further information.
MIKALook accepts returns on the following full-priced items: apparel, footwear and all accessories (bags, sunglasses, leather goods, jewelry and watches).
MIKALook does not accept returns from the following final sale items: Cosmetics & Beauty, Hosiery, Intimates, and Swimwear.
Returns and Credits
All full priced returnable items that meet the specified conditions noted above have two return options:
· Receive a MIKA credit with no additional charge
· Receive a refund back to your original payment method less shipping and handling charges.
Return shipping cost is on us if you select a MIKA credit. If you prefer a refund, we will automatically deducted from your refund minus the shipping cost.
Any promotion that was applied to the total at the time of purchase will be refunded the amount paid at the original purchase date.
Exchanging an items:
If your purchase is the wrong fit, we are happy to exchange your item for another size if we have it in stock. Please contact Customer@mikalook.com
GIFT CARDS, CERTIFICATES and mika look credits
Any gift cards, gift certificates or Mika Look Credits available through the Service (collectively “Credits”) are deemed issued from the State of New York. The risk of loss and title to Credits passes upon our electronic transmission to the recipient. Credits may be subject to additional terms and restrictions presented at the time of purchase or other activity for which a Credit is granted (“Credit Terms”).
Unless otherwise specified in the Credit Terms, Credits may not be exchanged, sold, used to purchase additional Credits, returned for a cash refund or otherwise redeemed for cash. We are not responsible for lost or stolen Credits. We reserve the right to close your account or request an alternative form of payment if we suspect, in our sole discretion, that a Credit has been fraudulently obtained or used on the Service.
The Service may provide access to certain features through an application available for download and installation on your mobile Device (collectively the “Mobile Service”). In order to access the Mobile Service, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Service. You must ensure that your Device and/or software does not disturb or interfere with the Service, including the Service’s operations. Any equipment or software causing interference will be immediately disconnected from the Service, and Mika Look may immediately suspend or terminate your further use of the Service. If any upgrade to the Service requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Service will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Service.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICE, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. MIKA LOOK affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Service, (THE “MIKA LOOK PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, CREDITS OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MIKA LOOK PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MIKA LOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE MIKA LOOK PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICE FOR ANY PURPOSE.
MIKA LOOK IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICE OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MIKA LOOK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall the Mika Look Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Service or any materials or content obtained through the Service; (vi) any transactions entered into through the Service, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Service, including any site to which the Service provide hyperlinks; or (viii) damages otherwise arising out of your use of the Service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Mika Look has been advised of the possibility of damages.
You agree to indemnify and hold harmless the Mika Look Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Service and/or any software. You agree to cooperate fully with Mika Look in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Software and Downloads Available Through the Service
Any software that is made available in connection with the Service, including applications, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Mika Look and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Mika Look has no liability with respect to any Software owned or controlled by third parties.
User Code of Conduct
The Service is for your personal use only. In accessing and using the Service, you agree that you will not:
· Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
· Deliver any unlawful postings to or through the Service, or any postings that advocate unlawful activity.
· Deliver, or provide links to, any postings containing material that:
· could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable;
· harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
· is defamatory, false or libelous; or
· infringes or violates any intellectual property or other right of any entity or person.
· Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
· Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
· Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
· Use this service in any manner which could damage, overburden or interfere with the use of the Service or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
· Attempt to gain unauthorized access to the Service, any related website, or other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Service, including by collecting information about others such as email addresses.
Interactive Service and User Materials
The Service may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Service”). The Interactive Service may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Service may change from time to time in Mika Look’s sole discretion.
Mika Look does not control and is not responsible for any information or other materials delivered through the Service by you or other users (collectively, “User Materials”). Mika Look is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Mika Look reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Mika Look is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Service using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Mika Look will not violate the rights of any third party. You also warrant than any “moral rights” in User Materials have been waived.
The information and opinions expressed in User Materials are not necessarily those of Mika Look or its content providers, advertisers, sponsors, affiliated or related entities, and Mika Look makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Mika Look does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Mika Look has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Service is “public,” and in addition to the license granted to Mika Look, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials that violate this Agreement, please contact us at info@Mika.Look.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Mika Look may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Mika Look will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Mika Look, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
The Service may allow you to spread the message about the Service, including referral programs that permit you to submit information from the Service about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Service. You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from the Service on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject or terminate the participation of any Referred Person, without notice to you, if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Service, or any third party. We specifically disclaim any liability for such rejection.
Any program to reward users for referrals can be initiated, modified, extended or discontinued at Mika Look’s sole discretion and decision with no obligations.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Service to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms that are deemed incorporated into, and subject to, this Agreement. We may suspend or terminate any and all referral programs without notice, reason or liability.
For any voting/rating features that are available through the Service, you must follow all instructions and limitations provided via the Service to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Mika Look is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.
The Service may enable you to order and receive products, information and services directly from third-party merchants that are not affiliated with or controlled by Mika Look. Third-party merchants’ shipping and delivery policies may differ from those offered by Mika Look. When ordering a product sold by a third-party merchant, you should check their website for details on their shipping and delivery policies. All matters concerning such products, information and services are solely between you and such merchants. Mika Look does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. Mika Look will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility. You should contact the third-party merchant directly via the contact information provided by such merchant for any inquiries or customer service issues related to their merchandise, such as returns, or warranty issues.
Any sweepstakes, contests, games and/or promotional offers accessible through the Service (collectively, “Promotions”) are governed by specific rules and/or terms and conditions and may be restricted to users with accounts. If you are eligible, by entering or participating in any Promotion, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which will be published with the applicable Promotion. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from the Service (such as those of social media websites), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such features through the Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites. Unless otherwise noted in the official rules or terms for a Promotion, NO PURCHASE WILL BE NECESSARY TO PLAY ANY PROMOTION OR WIN any prizes offered in connection with a Promotion.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
Mika Look may display or link to advertisements for the goods and services of a third party on or through the Service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Mika Look does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Service.
International Use/U.S. Export Controls
Accessing materials through the Service by certain persons in certain countries may not be lawful, and Mika Look makes no representation that materials provided through the Service are appropriate or available for use in locations outside the United States. If you choose to access the Service from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Service. No software or any other materials associated with the Service may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Mika Look logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Mika Look or by other parties that have provided rights thereto to Mika Look.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Service, in whole or in part, without the express written permission of Mika Look.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Service that are owned by Mika Look, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Service, or frame the Service, or any web page or material contained within the Service, nor may any entity include a hyperlink to any aspect of the Service in an email for commercial purposes, without the express written permission of Mika Look.
Mika Look respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Service you are granting permission to have such User Materials posted on the Service or via any other of the media channels used for the Service, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Mika Look reserves the right to remove access to infringing material. Such actions do not affect any other rights Mika Look may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
By mail: firstname.lastname@example.org
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mika Look to locate the material.
(iv) Information reasonably sufficient to permit Mika Look to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Changes to this Agreement
Mika Look reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. Mika Look will endeavor to provide notice of any material change to this Agreement on the Service, but whether or not it provides such notice, your continued use of this the Service constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Mika Look with respect to the use of the Service and shall not be modified except in writing, signed by an authorized representative of Mika Look. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement [or the Service], please contact Customer Service at service@MikaLook.com or through the App via the “Contact Us” button.