Terms of Use

This Terms of Use Agreement and statement of certain Store Policies (the "Agreement") constitutes a binding legal contract between you and IKAAVA ("Seller"), the owner and operator of the website which can be found at ikaava.com (the "Site"). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.

The Site takes the issue of privacy on the Internet very seriously.

General Conditions of Use
This Site hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the site is at the sole discretion of the Seller, which may deny you further use of the Site at any time, for any reason, with or without cause.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

  • Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;

  • Impersonate any person or entity, including, but not limited to, an Michaels official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;

  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

  • Upload, post, e-mail, or otherwise transmit any content that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";

  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;

  • Solicit passwords or personal identifying information from other users for commercial, unauthorized or unlawful purposes;

  • Advertise or offer to sell or buy any goods or services for any business purpose without the consent of the Seller; or

  • Do any other act that is otherwise inappropriate for the Site, in Sellers sole judgment.
Advertising Policy
This Site sends copies of our advertisement and newsletters. There are two ways to obtain a copy of the Sellers ad: It may be viewed online on the Site; or

You may receive the ad via email.
If you are currently registered with this Site, please update your profile in MY ACCOUNT and opt-in to receive the ad via email. Otherwise, please register with us.

If you have any other questions concerning our Advertising Policy, please contact us by e-mail.

Registration and Passwords
Registering with the Site provides you many benefits. When you register with our Site, we will remember your information for future use. This makes your experience on our Site easier and more convenient. When you use the Site and sign in, you have easy access to your order status, shipping addresses, and full access to our site.

When you register, you will be asked to select a password. If you forget your password, the Seller will provide help to you to remember or alternately, you could click the "forgot password" and the Site would send you e-mail with all your registration details. Your email is your Login ID.

When you register, or when updating your registration profile, you have the option to join the Sites mailing list. By opting to join the mailing list, you will receive notifications of events, sales and other important and useful information. To change your password or any other personal information you have previously provided to the Site, click on "My Account," sign in to the Site, then choose "Update Profile."

In consideration of your use of the Site as a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites registration form, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Seller have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Seller has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Third Party Copyrights
The Seller respects the intellectual property of Third Party and we ask our customers to do the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right. Federal law provides both civil and criminal penalties for violation of a copyright. The Seller and its customers are each subject to the copyright laws. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising.

The sale of the products hereunder to Customer shall in no way be deemed to confer upon Customer any right, interest or license in any patents or patent applications or design copyrights. All trademarks, logos and trade names are property of their respective brand holders. The Site / Seller is in no way associated or related to these brand owners as we are not their authorized distributors and agents.

If you have any questions, you should consult a lawyer who specializes in copyright law.

Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of the Seller. Please note that the Seller is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site. Accordingly, the Seller can neither make a representation concerning the content of these sites to you nor can the fact that the Seller has provided this link serve as an endorsement by the Seller of this or any other site. In creating hypertext links to any other website, the Seller is not recommending that website or giving any assurances as to its standing. The Seller is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. The Seller makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent.

Indemnification
You agree to defend, indemnify, and hold completely harmless the Seller and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of the Seller, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  • YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, THE SELLERS EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;

  • THE SELLER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND

  • THE SELLER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

  • THE SELLER DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY WITH REGARDS TO THIS SITE OR ITS CONTENTS INCLUDING THE MERCHANDISE OFFERED ON THIS SITE. THE SELLER IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AS "AS IS" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THE SELLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  • ALL PRODUCTS SOLD ON THIS SITE IS "AS IS" BASIS AND THAT THE SELLER CONFIRMS THAT THEY DO NOT MANUFACTURE OR ENDORSE ANY OF THE PRODUCTS SOLD ON THIS SITE.

  • ALL TRADEMARKS, LOGOS AND TRADE NAMES, ETC ARE THE PROPERTY OF THEIR RESPECTIVE BRAND HOLDERS AND THE SELLER IS NO WAY ASSOCIATED, RELATED TO THESE BRAND HOLDERS AS THE SELLER IS NOT THEIR AUTHORISED DISTRIBUTIORS AND AGENTS. THE SELLER SELLS, DEALS, TRADES AND CARRY STOCKS THROUGH THIS SITE ONLY FROM AUTHORISED CHANNELS.

THE SELLER MAKES NO WARRANTY THAT:
  • YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;

  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR

  • ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SELLER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY.THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.

Limitations and Exclusions of Liability
IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.

YYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE;

  • ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;

  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

  • ANY OTHER MATTER RELATING TO THE SITE.
THE SELLER SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, THE SELLERS LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE SELLER ARISING OUT OF THE USE OF THE SITE.

Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and the Seller with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.

Tour statement related to your privacy rights as they relate to any services or merchandise made available on the Site supplements the terms herein.

Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law
This Agreement, the entire relationship between you and the Seller, and any litigation or other legal proceeding between you and the Seller (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws at the discretion of the Seller without giving effect to its choice of law rules. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defence of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Contact Information
If you have a comment, question or request, or if you need to contact the Seller for any other reason, please contact us.