Terms of service
TERMS OF SERVICE
This website is operated by heidikimurart. Throughout the site, the terms “we”, “us” and “our” refer to heidikimurart. heidikimurart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCESS AND MEMBERSHIP
In order to enjoy all of Heidi Kimura Art LLC's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user's Heidi Kimura Art LLC account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Heidi Kimura Art LLC immediately of any breach of security or unauthorized use of your account. Although Heidi Kimura Art LLC will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Heidi Kimura Art LLC or others due to such unauthorized use.
Heidi Kimura Art LLC may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Heidi Kimura Art LLC may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. You certify to Heidi Kimura Art LLC that you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the Service, and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Heidi Kimura Art LLC reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
This Agreement shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
All content (information, images, pictures, data, text, photographs, graphics, messages, or other materials), hereinafter "Content", that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Service. You represent that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it on your Products sold, manufactured, or warehoused by Heidi Kimura Art LLC.
Permission to Use the Content. By using our services Heidi Kimura Art LLC agrees that your content will remain yours. This means that we will never use your Content without your expressed permission.
Rights You Grant Heidi Kimura Art LLC. By approving the posting your Content, you grant Heidi Kimura Art LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Heidi Kimura Art LLC and/or your Heidi Kimura Art LLC store, or the Services in general, in any formats and through any channels, including across any Heidi Kimura Art LLC services, third-party website, advertising medium and/or social media.
Reporting Unauthorized Content. Heidi Kimura Art LLC respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property. Heidi Kimura Art LLC respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Heidi Kimura Art LLC, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws. Heidi Kimura Art LLC reserves all copyrights. Reproduction in whole or in part without written permission is prohibited. By using the Heidi Kimura Art's website, you accept and agree to our Terms and Conditions of Use
Trademarks and Infringement of Intellectual Property. In events where we receive proper notice of intellectual property infringement, Heidi Kimura Art LLC strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Heidi Kimura Art LLC removes, blocks or disables access in response to a notice, Heidi Kimura Art LLC makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.
Counter DMCA Notifications: If Heidi Kimura Art LLC receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Heidi Kimura Art LLC of this action. Heidi Kimura Art LLC sends a copy of the counter notice to the original complaining party.
Repeat Infringement: Heidi Kimura Art LLC terminates account privileges of Members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Heidi Kimura Art LLC's discretion.
Copyright Responsibility. You agree and attest by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use the Content, and that you have all of the rights required to post the Content.
If Content that you own and have rights to has been posted to the Services without your permission and you want it removed, please contact our customer service department directly for further escalation and review.
If your Content infringes another person’s intellectual property, we will block it at our discretion.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
On our blog's content building/ marketing, and general information on health and wellness in this website: By landing and browsing on our website and you accept that our general tips and advice are for your reference only. Therefore, you release our company from being liable for any of your health conditions or any general outcomes from executing any of your personal actions or any thoughts that are triggered after reading our blog. Readers read at their own risks and our company will not be responsible for any plan of actions derived from our readers as a result of reading our blog or browsing our website.
While we make sure to provide fun content on our blog, we are not a professional and are not responsible for any direct or indirect damages that may occur in connection any information contained here. These topics or opinions do not represent our company's stance. These blogs contain affiliations to promote our products. You read our blog at your own risks and you need to consult a professional if you need professional help.
Legal Disclaimer: We highly encourage you to speak with your health care professionals about your specific medical conditions and treatments. The information contained and provided in this website is only meant to be informative and educational, but is not a substitute for professional medical advice. Our content is for informational purposes only, even if and to the extent that it features the advice of physicians and medical practitioners. We do not diagnose, treat, or prevent any form of medical conditions. The content on our website is not, nor is it intended to be, a substitute for professional medical advice, diagnosis, or treatment and should never be relied upon for specific medical advice.
Our content on this site is not designed and does not provide medical advice, professional diagnosis, opinion, treatment, or services to you or to any individual. Heidi Kimura Art LLC, any writers of our blog, or website content generators are not liable or responsible for any advice, course of treatment, diagnosis, or any other information, services, or products you obtain through our blog or site. The views expressed in this article are the views of the writers and do not necessarily represent the views of Heidi Kimura Art LLC.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Heidi Kimura Art LLC reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send Heidi Kimura Art LLC a written notification, including via email (and your Heidi Kimura Art LLC account will be deleted), or close your account within 30 days of notice.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
USE OF SERVICE
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Heidi Kimura art LLC. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Heidi Kimura art LLC, another Heidi Kimura art LLC user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer Heidi Kimura art LLC’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree that Heidi Kimura art LLC reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Heidi Kimura art LLC.
Follow Brand Guidelines. The name “Heidi Kimura art LLC”, our iconography, phrases, logos, and designs that we use in connection with Services we provide are potentially trademarks, service marks, or trade dress of Heidi Kimura art LLC in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Heidi Kimura art LLC (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. Heidi Kimura art LLC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Digital Items. Digital items (like mockups, templates, images and other design assets) and their intellectual property rights belong exclusively to Heidi Kimura art LLC. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Heidi Kimura art LLC’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
Responsibility of site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Heidi Kimura art LLC account.
Heidi Kimura art LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Heidi Kimura art LLC Services. Without limiting the foregoing, Heidi Kimura art LLC and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Heidi Kimura art LLC or submitted to Heidi Kimura art LLC, including without limitation information in Heidi Kimura art LLC collaborations, posts and in all other parts of the Heidi Kimura art LLC Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Heidi Kimura art LLC with accurate information (including but not limited to your retail price if you are a Merchant). If you have provided Heidi Kimura art LLC with inaccurate or false information, (a) you shall be liable to Heidi Kimura art LLC for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information and (b) you shall reimburse such damages and losses (including but not limited to taxes) to Heidi Kimura art LLCl, and (c) Heidi Kimura art LLC shall have the right to charge the you for such damages and losses (including but not limited to taxes).
Payment and Fees
Heidi Kimura art LLC may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify Heidi Kimura art LLC through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the "confirm" button. You will then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. If you have used another person's card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse Heidi Kimura art LLC for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Heidi Kimura art LLC at its sole discretion may change, suspend or discontinue these discounts at any time.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all sales taxes, VAT, GST and other taxes and duties associated with the Products (if and as applicable).
In some states in the US, Heidi Kimura art LLC will collect the sales tax amount from you as the seller and pay this to the relevant tax authority.
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Shipping and Returns
Once you have clicked on the "confirm" button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Heidi Kimura art LLC investigation and discretion.
The goods will be imported on behalf of the consignee/buyer. The consignee authorizes Heidi Kimura art LLC to import the goods on his behalf. Further, the consignee/buyer agrees Heidi Kimura art LLC may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Heidi Kimura art LLC will not make any refunds and will not resend the Product.
Heidi Kimura art LLC will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Heidi Kimura art LLC is at fault and (b) Heidi Kimura art LLC receives a complaint within 7 days from the day the Product was delivered or within 7 days after the estimated delivery date, if the Product is missing.
Description of Products
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged, obviously they won't be shipped out to you (your Customers), however they can still be used for charitable purposes. Heidi Kimura art LLC reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
For California shoppers only: Some of our items including the men's long shorts, and women's athletic shorts, and some phone cases may contain chemicals mentioned on the California Proposition 65 warning list. Buyers will buy at their own risks.
Purchase of goods
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
Heidi Kimura art LLC shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Heidi Kimura art LLC will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Heidi Kimura art LLC.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
You release us (and our officers, directors, agents, affiliated companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Heidi Kimura art LLC has no control over and does not guarantee the delivery of the advertised collaborations and that Heidi Kimura art LLC shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
INTELLECTUAL PROPERTY POLICY
We prohibit customers from using the site to purchase, display or sell items that infringe on the intellectual property, copyrights, trademarks, or service marks of a third party. Heidi Kimura Art LLC has the right to cancel custom text orders that violate the policy. Our company will not be responsible/ liable for any repercussions of copyright infringement by our customers. Customers will design their own custom text on certain listings and purchase our items at their own risks and will be responsible for all consequences if their custom text infringement of the copyright of a third party.
Heidi Kimura Art LLC prohibits customers from using the site to purchase, display or sell items that infringe on the intellectual property, copyrights, trademarks, or service marks of a third party. Heidi Kimura Art LLC abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Heidi Kimura Art LLC (such as https://heidikimurart.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Heidi Kimura Art LLC’ rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
NOTICE TO COPYRIGHT OWNERS:
If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a “DMCA Notice”) to the designated agent at the Heidi Kimura Art LLC, by email. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the “DMCA”).
Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Website infringes your copyright, you should contact an attorney.
All Notifications should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The URL to the Heidi Kimura Art LLC campaign(s) containing the allegedly infringing material.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the email address firstname.lastname@example.org.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall heidikimurart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Items Your Clients Purchase Through Our Sites. You understand that Heidi Kimura Art LLC cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Heidi Kimura Art LLC from any claims related to Products sold through our Services, including consideration for defective items, misrepresentations by you as a seller, or items that caused physical injury (like product liability claims) from warehoused goods.
Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Heidi Kimura Art LLC is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Warranties. Heidi Kimura Art LLC is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
the Services will be secure or available at any particular time or location;
any and all errors which are Heidi Kimura Art LLC responsible will be corrected;
the Services will always be free of viruses or other harmful materials; or
the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Heidi Kimura Art LLC, nor our employees or directors shall be liable to you and your Customers for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless heidikimurart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You will indemnify and hold Heidi Kimura Art LLC (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party (including your Customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes, Law & Jurisdiction
Governing Law. This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
Arbitration. You and Heidi Kimura Art LLC agree that any dispute or claim arising from or relating to the Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rule in effect at that time (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Agreement will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Heidi Kimura Art LLC are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.