TERMS OF SERVICE

The services (the “Service”) offered at mikihasi.com (the “Site”), which is owned and operated by MiKiHASi, are provided to you under the terms and conditions of these Terms of Service and Use. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. Please review the following terms carefully. If you do not agree to these terms, you should not submit any art to any of their art competitions and art exhibitions, obtain goods, products or services from this Site. The Terms of Service outlined on this Site may be amended at any time by MiKiHASi without any specific notice to you. The latest and most current version of the Terms of Service will be posted on this Site, and you should review the Terms of Service prior to any use of this Site.

All artwork appearing on mikihasi.com remains the intellectual property of the original artist.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), which are owned by MiKiHASi, its participating artists, licensors, affiliates or partners. Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to MiKiHASi or its participating artists, its licensors, affiliates or partners. You may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from MiKiHASi. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site.

User Conduct

The Service is provided to individuals only. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

In addition, you agree that (1) you will not interfere with another MiKiHASi customer’s use and enjoyment of the Site or Service or disrupt networks connected to the Site and (2) you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, all laws regarding the transmission of technical data exported from the United States.MiKiHASi reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Modification

MiKiHASi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), any document, information or other content on the Site, with or without notice to you. You agree that MiKiHASi shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.

Termination/Access Restriction

We may terminate or suspend your access to all or part of the Site and/or your use of the Service, without notice and for any reason, including, but not limited to, for violation of the Terms of Service and Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, another Customer of the Site or any third party.

Non-Transferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable.

Copyrights & Copyright Agents

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

You expressly agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. MiKiHASi expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

MiKiHASi makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error or virus free; nor does MiKiHASi make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in software used in connection with the service will be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

You specifically agree that MiKiHASi is not responsible for unauthorized transmissions, access to or alteration of your transmissions or data sent or received, or not sent or received, or any transactions entered into through the service. You acknowledge that MiKiHASi does not control content, information, products or services offered by advertisers or third parties on or through the service, including, but not limited to, information, products, or services provided by license to MiKiHASi from third parties. Except as otherwise agreed in writing, MiKiHASi assumes no responsibility for and makes no warranty or representation as to the accuracy, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers) through the service.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from MiKiHASi or through the service shall create any warranty not expressly made herein. We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by us. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.

You agree that we and our affiliated parties have no liability whatsoever for your use of any information or service. MiKiHASi shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data or other intangibles, even if MiKiHASi has been advised of the possibility of such damages, resulting from the use or the inability to use the service or from transactions entered into with MiKiHASi through the service or resulting from unauthorized access to or alteration of transmissions or data. You specifically agree that MiKiHASi is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service or such content in any document, material or item purchased through the site, or for any infringement of violation of another’s rights by any other party on the service, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. The negation of damages set forth herein is a fundamental element of the bargain between us and you.

This site and the information on the site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

Indemnification

You agree to indemnify and hold MiKiHASi, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Service, your violation of these Terms of Service, or your violation of the rights of any third party.

Use of Information

MiKiHASi reserves the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Service. You further agree that by supplying public information including but not limited to text and images, you are giving MiKiHASi the rights to display this public information on the site due to you participating in any of art competitions, art exhibitions, posts, pages, special sections and in all of the Site’s marketing efforts. The artist retains all rights to their supplied text and images, but MiKiHASi reserves the right to edit or remove offensive or otherwise illegal images or text from its site.

Cancellation/Refund Policy

Entry fees are non-refundable

Payment

You represent and warrant that if you are participating in any activity from the Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Links To Third Party Sites/Third Party Services

mikihasi.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MiKiHASi and MiKiHASi is not responsible for the contents, accuracy or opinions expressed of any Linked Site, including without limitation any link contained in Linked Site, or any changes or updates to a Linked Site. Such Web sites are not investigated, monitored or checked for accuracy or completeness by us. MiKiHASi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MiKiHASi of the site or any association with its operators.

Certain services made available via mikihasi.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the mikihasi.com domain, you hereby acknowledge and consent that MiKiHASi may share such information and data with any third party with whom MiKiHASi has a contractual relationship to provide the requested product, service or functionality on behalf of mikihasi.com users and customers.

If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Materials Provided To mikihasi.com Or Posted On Any MiKiHASi Web Page

By uploading work, you are authorizing MiKiHASi to display your work on the site as it sees fit. This includes any MiKiHASi, Archived Exhibitions, the “Featured Artist” page, and all other places where member art is displayed.

Also, by entering MiKiHASi Competitions and Exhibitions, you authorize MiKiHASi to display your entry for posterity as part of a historical site record, regardless of whether your use of the site remains active or not.

MiKiHASi does not claim ownership of the materials you provide to mikihasi.com (including feedback and suggestions) or post, upload, input or submit to any MiKiHASi Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MiKiHASi, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MiKiHASi is under no obligation to post or use any Submission you may provide and may remove any Submission at any time and at MiKiHASi's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MiKiHASi AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MiKiHASi AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MiKiHASi AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MiKiHASi AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MiKiHASi OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes To Terms

MiKiHASi reserves the right, in its sole discretion, to change the Terms under which mikihasi.com is offered. The most current version of the Terms will supersede all previous versions. MiKiHASi encourages you to periodically review the Terms to stay informed of our updates.

MiKiHASi welcomes your questions or comments regarding the Terms:

Email Address: mikihasi@mikihasi.com

These Terms of Service & Use may be updated from time to time so please be sure to read them in their entirety as they may have changed since the last time you read them.

*Updated August 24, 2021