AGREEMENT BETWEEN USERS AND I LOVE IKEBANA
1.Introduction and Acceptance
Please read these terms of use carefully before using the website (“Website”), https://iloveikebana.com/ (hereinafter, “us”, “we”, “our” or “I LOVE IKEBANA”). By accessing and/or using this Website, you are agreeing to comply with these terms of use, which may change from time to time. if you do not agree to be bound by these terms of use, do not access or use this Website.
In addition to these Terms of Use, we have established a Privacy Policy to explain how user information is collected and used by https://iloveikebana.com/. A copy of this Privacy Policy can be found here: https://iloveikebana.com/privacy/ and is incorporated by reference into these Terms of Use. By accessing or using any of our Websites, you are signifying your acknowledgement and agreement to our Privacy Policy.
2. Intellectual Property
Our Website, https://iloveikebana.com/, and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Websites are owned by us. You shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3. Website Access and Use
1) When accessing our Websites, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
2) Furthermore, except as expressly permitted in these Terms of Use, you may not:
a. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on our Website and its Website Content;
b. circumvent, disable or otherwise interfere with security-related features of our Websites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;
c. collect or harvest any personally identifiable information from our Websites including, without limitation, user names, passwords, email addresses;
d. attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;
e. decompile, reverse engineer, or disassemble any portion of any our Websites;
f. use network-monitoring software to determine architecture of or extract usage data from any of our Websites;
g. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s membership without permission, etc.);or
h. engage in any conduct that restricts or inhibits any other users from using or enjoying our Websites.
3) You agree to cooperate fully with I LOVE IKEBANA to investigate any suspected or actual activity that is in breach of these Terms of Use.
4. User Registration
If you become a registered user or our member, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password, which may permit you access to certain areas of our Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately at info@iloveikebana.com of any breach of security or unauthorized use of your membership.
5. User Content
1) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Websites (collectively, “submit”) messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
2) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
3) You represent, warrant, and covenant that you will not submit any User Content that:
a. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
b. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
c. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
d. is an advertisement for goods or services or a solicitation of funds;
e. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or
f. contains a formula, instruction, or advice that could cause harm or injury.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
4) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our activities. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our Websites and these Terms of Use.
5) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
6) We reserve the right to display and use your User Content to promote our activities. You acknowledge and agree that your User Content may be included on the websites of our partners and third-party service providers.
6) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
6. Website Content & Third Party Links
1) We provide our Websites and Website Content to promote our activities. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
2) In many instances, Website Content will include content posted by a third-party or will represent the opinions of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Websites by anyone other than authorized persons within our organization.
3) If there is a dispute between persons accessing our Websites or between persons accessing our Websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release I LOVE IKEBANA and its officers, directors, employees, parents, spouses, partners, successors, agents, affiliates, and their related organizations from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
4) Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their websites.
7. Indemnification
You agree to indemnify and hold harmless I LOVE IKEBANA and its officers, directors, employees, parents, spouses, partners, successors, agents, and their related organizations from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Website; (ii) User Content provided by you or through use of your membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
8. Disclaimers
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, I LOVE IKEBANA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SPOUSES, PARTNERS, SUCCESSORS, AGENTS, AND THEIR RELATED ORGANIZATIONS DISCLAIM ANY AND ALL WARRANTIES.
9. Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL I LOVE IKEBANA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SPOUSES, PARTNERS, SUCCESSORS, OR THEIR RELATED ORGANIZATIONS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FINVE SENSES FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITES.
10. Termination
1) We reserve the right in our sole discretion and at any time to terminate or suspend your membership and/or block your access to our Website for any reason including, without limitation if you have failed to comply with these Terms of Use.
2) If you become a registered user, you may terminate your membership at any time by going to our membership page and selecting the appropriate option.
3) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury.
11. APPLICABLE LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit any actions for which the parties retain the right to seekinjunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in Paragraph 12 of the Dispute Resolution.
12. DISPUTE RESOLUTION
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of our Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Attorney’s Fees. A prevailing party shall be entitled to an award of attorneys’ fees , expenses and costs, to the extent provided under applicable law.
13. Amendment; Additional Terms
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Websites or to modify these Terms of Use. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Websites or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Websites from time to time for any changes. Your access and use of any our Websites following any modification of these Terms of Use will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use, you may terminate your membership or/and discontinue use of our Website.
14. Miscellaneous
1) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
2) These Terms of Use (including the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
3) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. I LOVE IKEBANA may assign these Terms of Use or any rights hereunder without your consent and without notice.
15. CONTACT US:
If you have any questions about the Terms of Use or our business, you may contact us at info@iloveikebana.com.