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Terms of Use

Goods and Services Offered
At MOSCOT we have an unbelievably wide variety of Designer Eyewear and Sunglasses, as well as The MOSCOT Originals, MOSCOT Spirit and MOSCOT Sun frames. We also sell a complete inventory of Eyeglass Lenses and Contact Lenses. You can order most of these items on our site.

You may also purchase vintage MOSCOT photographs and lithographs (the “Photographs”) on our Site. These works are subject to the terms, herein, including the Terms governing Copyrights, and the survival of such terms is a condition of sale of the Photographs.

We cannot guarantee the authenticity of any purchase made outside of moscot.com, our shops or an authorized MOSCOT retailer listed on our website. All purchases made from unauthorized dealers are made entirely at the risk of the purchaser.
Privacy
We value your privacy. MOSCOT will not share your information with third parties, except as necessary to process e-commerce transactions or to comply with applicable law. We encourage you to read our Privacy Statement, which explains how we collect and use your information.
Electronic Communications
When you visit this Site, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically, including reminder notices and newsletters. You may opt out of receiving such notices at any time. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All images of people, places and/or products posted on this Site are either the property of MOSCOT, or are used herein with express permission granted to MOSCOT. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of MOSCOT or its suppliers, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of MOSCOT and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of MOSCOT. For further information on how you may obtain authorization to use any materials or content on this Site, please contact MOSCOT at the Customer Service section of this Site.
Trademarks
All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of MOSCOT or its affiliates. MOSCOT and its affiliate's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of MOSCOT. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of MOSCOT, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MOSCOT. All other trademarks, registered trademarks, product names and company names or logos used in this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of MOSCOT or its affiliates without our express written consent.
License and Site Access
We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.
Your Account
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register to use the Site, you agree that any information you provide to us will be current, accurate and complete. MOSCOT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MOSCOT or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify MOSCOT immediately of any unauthorized use of your account and/or password(s), or other breach of security.

You will have access to your own account and may modify or correct the information that you have provided. You acknowledge that it is your responsibility to maintain accurate contact information, and that MOSCOT cannot be held liable for use of information that you have provided to us.
Press Accounts
Some users of the Site who are members of the Press may have access to a password protected press page that may contain high-resolution photos and press releases for journalists and editors to download. Such users may reproduce and publish such photographs and press releases for journalistic purposes.
Matter You May Submit to MOSCOT
Any and all notes, messages, emails, ideas, suggestions, or other material which you submit to MOSCOT will become, upon your submission, the sole and exclusive property of MOSCOT and MOSCOT shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that MOSCOT has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to MOSCOT. By submitting any materials of any kind to MOSCOT, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to MOSCOT does not and will not violate or infringe the rights of any third-parties.

MOSCOT reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by MOSCOT necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit any information or materials, in whole or in part.

You acknowledge that communications to our Web Site are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.
Indemnification
You agree to fully indemnify MOSCOT, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any infringement or violation of any third-party rights.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In addition, MOSCOT is not responsible for frames lost and/or left at MOSCOT NYC Shops for periods over four months.
Hyperlinks
Moscot makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
Children
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED MOSCOT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE. MOSCOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

MOSCOT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. MOSCOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS APPLY EVEN IF MOSCOT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL MOSCOT, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOSCOT, (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE GREATER OF $5, OR THE TOTAL AMOUNT YOU PAID TO MOSCOT.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

THE SITE MAY FEATURE INFORMATION CONCERNING EYECARE. DO NOT RELY ON THIS INFORMATION AS ADVICE. INSTEAD, CONSULT AN OPTOMETRIST OR OPTHAMOLOGIST IN PERSON.
Termination
Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Site Terms will still apply.
Applicable Law
By accessing, browsing or using this Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and MOSCOT or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in New York County, New York and/or the Southern District of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and MOSCOT or any of its affiliates.
Site Policies, Modification and Severability
We reserve the right to make changes to this Site, our Privacy Statement, and these Site Terms at any time. Any changes to our Site Terms or Privacy Statement shall become binding on you within 30 days of their being posted on our web site or their being emailed to you. If you do not agree to any new terms, your sole remedy is to stop using the Site. If any of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Entire Agreement
These Site Terms constitute the entire agreement between the user and MOSCOT with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Contact Us
If you have any questions or suggestions regarding these terms and conditions, please contact us at:

MOSCOT
69 West 14th Street
New York, NY 10011
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