Terms Of Use

Copyright Information

Miya’s Boutique owns miyaboutique.com ("the Site"). Miya’s Boutique owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Miya’s Boutique. All names, logos and trademarks which appear on the Site are the property of Miya’s Boutique or are used by Miya’s Boutique under license. Your failure to comply with this Terms of Use will constitute breach of contract and will violate Miya’s Boutique’s copyright, trademark and other proprietary and industrial property rights.

Use of the Site

This Terms of Use governs the Site, and all sites of the affiliates of Miya’s Boutique. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. Unless otherwise referenced herein, any reference to "Miya’s Boutique" shall include Miya’s Boutique, and all of its affiliates. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and Miya’s Boutique asks that you do not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

Miya’s Boutique may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.

You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. Miya’s Boutique may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in Miya’s Boutique's sole discretion you fail to comply with any provision of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between Miya’s Boutique and you as a result of this Agreement or your use of the Site.

The failure of Miya’s Boutique to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

No License

Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Miya’s Boutique.

Use of Information Submitted by You

NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.

If you respond to Miya’s Boutique with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Miya’s Boutique, and your submission of information shall constitute an assignment to Miya’s Boutique of all worldwide rights, titles and interests in such information. Miya’s Boutique will not be liable for any use or disclosure of such information. Miya’s Boutique will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Miya’s Boutique will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Product and Pricing Information

The information on this Site does not constitute a binding offer to sell products described on the Site. Miya’s Boutique reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, prices displayed on miyaboutique.com are quoted in Canadian dollars. Although Miya’s Boutique has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and Miya’s Boutique cannot guarantee that the user's monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.

Disclaimers and Limitations of Liability

While Miya’s Boutique attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Miya’s Boutique reserves the right to make corrections and changes to the Site at any time without notice. Miya’s Boutique does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to their use of the Site. Miya’s Boutique disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Miya’s Boutique does not warrant that the Site is free of computer viruses, bugs or other harmful components. Miya’s Boutique does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Miya’s Boutique does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Miya’s Boutique does not have any duty to update the Site or modify their Content or Code, and Miya’s Boutique shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.

Miya’s Boutique makes no warranties of any kind regarding any non-Miya’s Boutique websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Miya’s Boutique makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Miya’s Boutique sites.

IN NO EVENT SHALL MIYA’S BOUTIQUE, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

Gift Card Disclaimer

Miya’s Boutique reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.

Additional Disclaimer

IN NO EVENT SHALL MIYA’S BOUTIQUE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless Miya’s Boutique and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Miya’s Boutique reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Miya’s Boutique in the defense of such matter.

Severability

If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Disputes

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to confidential arbitration in New York, New York. Any claim or cause of action you may have with respect to Miya’s Boutique or the Site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any Miya’s Boutique Intellectual Property right, Miya’s Boutique may seek injunctive or other appropriate relief in any state or federal court in New York, New York. You consent to exclusive jurisdiction and venue New York, New York. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Miya’s Boutique with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.