Terms and Conditions
Welcome to iMahina.com. Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Hanau Creative LLC under the tradename iMahina.
I. Privacy
You should review our Privacy Policy to understand our privacy practices.
II. Terms of Use
License and Website and App Access
We grant you a limited, revocable license to access and make personal use of the website, and app, as our customer. However, you are not permitted to:
reproduce, duplicate, copy, sell or otherwise exploit the website or app, nor any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content" or “App Content”) for any commercial purpose, except as expressly provided;
use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
use any meta tags, search terms, key terms, or the like that contain the website or app name or trademarks used on the website;
engage in any activity that interferes with the website or app ot another user’s ability to use the website and app;
modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website or in the app; or
assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
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 e-mail satisfy any legal requirement that such communications be in writing.
If you opt in to receive SMS (text messages) or emails from iMahina.com (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.
By opting in, you agree to receive promotional SMS text messages or emails on or to your mobile device. Your consent is not required as a condition of purchasing any goods or services from Art.com. By agreeing to receive SMS messages from iMahina.com, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.
Your Account
If you use the website or app or web version of the app, you are responsible for maintaining the confidentiality of your account and password 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.
Copyright
All Website and App Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website and App Content that is not our property is used with permission. The arrangement and compilation of all Website and App Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by iMahina.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance; Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, contact us to make a formal Notice of Claimed Infringement. Please contact imahina.app@gmail.com or naia@saltedlogic.com .
Statement on Human Trafficking and Slavery
We are part of a global community and supply chain. We are selective of our vendors and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate the involvement of our suppliers in human trafficking and slavery, including sweatshops and forced or child labor. We obtain contractual representations from our vendors of their compliance with such laws and have the discretion to, with or without notice, inquire on their practices.
Reviews, Comments, Communications and Other Content
Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.
Use of the iMahina app
By default, any content, including text and images, that you add to your iMahina app will not be accessed by any third party. You may change the settings on your app to the extent allowed by the software at any time. Your content is held as confidential unless otherwise stated. Any information collected from you is also covered under our Privacy Policy.
Suggestions and Ideas
Visitors may submit suggestions, ideas or questions to imahina.app@gmail.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Third Party Links and/or Services
The website may contain links to or services offered by third parties that are not under the control of Art.com (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.
Limitation of Liability
We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
III. Terms of Sale
These Terms of Sale apply to all offers made by iMahina.com, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
Return Rights
We are committed to quality products and customer satisfaction. To this end full refunds are provided when appropriate on non-digital products (e.g., apparel and art prints) that are either damaged or are returned with 30 days and in the same condition as when they were sold and shipped. You may be required to pay shipping for the return, and any shipping charges incurred on the inital delivery will not be refunded. For digital products we offer a free trial to ensure users make a purchase based on actual experience. For digital products with subscriptions, the term of active service will be honored until the expiration date. For other digital products (e.g., PDF coloring books, podcasts) a replacement product will be offered; other resolutions will be handled on a case by case basis.
To request a refund or to receive customer and product support, please email imahina.app@gmail.com.
Pricing
Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax
As an LLC established in the State of Hawaii, the current Hawaii General Excise tax of %5 (.05) is charged, along with any taxes relevant to the laws which may or may not be applicable specific to the state or country of origin of the purchase; this applies to purcahses of digital products as well as anything physical product.
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.
Disclaimer
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
IV. Disputes
Any dispute or claim relating in any way to your use of iMahina.com, to purchases from iMahina.com, or to the sale of any products or services sold or distributed by iMahina and its parent company Hanau Creative LLC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The US Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Hanau Creative LLCs Registered Agent/Legal Department, located at 1001 Bishop Street, Suite 2685A, Honolulu, Hawaii 96813. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. iMahina.com and its parent company Hanau Creative LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By placing an order with iMahina or Hanau Creative LLC, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Hawaii or California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and iMahina and Hanau Creative LLC.
Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Update 11.14.21