Terms & Services Policy
CONSENT TO TERMS
This agreement is a binding contract between you and Sugwaii Corporation. It governs your use of the website and any related media platforms. By accessing the Site, it is assumed that you have read, understood, and agreed to be bound by all of these Terms & Services. If you do not agree to these Terms, you are not permitted to access, browse, or use any part of the Site. It is necessary for you to cease all use of the Site without delay.
Additional terms and conditions or documents that may be published on the Site periodically are explicitly included in this agreement. Changes or modifications may be made to these Terms & Services at our discretion. We will keep you informed of any changes by updating the “Last updated” date of these Terms & Services, and you agree to waive any entitlement to receive individual notice of each change. It is important to review the relevant Terms each time you use our Site to ensure you are aware of which Terms are in effect. By continuing to use the Site after the revised Terms & Services are posted, you are acknowledging and accepting any changes that have been made.
The information provided on the Site is intended for use only in jurisdictions and countries where it complies with applicable laws and regulations, and where we are not required to register. We advise against distributing or using the information in any jurisdiction or country where it would be contrary to law or regulation. Therefore, individuals who decide to visit the Site from different locations do so voluntarily and bear full responsibility for adhering to any relevant local regulations, if and when they apply.
This Site does not meet the necessary requirements to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your interactions would be subject to these laws, you are advised not to use this Site. Please ensure that your use of the Site complies with the requirements of the Gramm-Leach-Bliley Act (GLBA).
The Site is designed for individuals who are at least 13 years old. Users who are under the age of 18 must obtain permission from their parent or guardian and be under their direct supervision in order to use the Site. If you are under 18 years old, it is necessary for your parent or guardian to review and give their consent to these Terms & Services before you can use the Site.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.
The Site is our exclusive property, including all the elements such as source code, databases, functionality, software, website designs, audio, video, photographs, and graphics (referred to as the “Content”). Additionally, the trademarks, service marks, and logos displayed on the Site (referred to as the “Marks”) are either owned or licensed to us. These elements are safeguarded by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws in the United States and internationally. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Unless explicitly stated in these Terms & Services, you are not allowed to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Site, Content, or Marks for any commercial purpose without our prior written permission.
If you meet the requirements to use the Site, you are given permission to access and utilize the Site. You may also download or print a portion of the Content for your own personal, non-commercial purposes. All rights not explicitly granted to you in and to the Site, the Content, and the Marks are reserved.
REPRESENTATIONS OF USERS
By using the Site, you are responsible for providing accurate and up-to-date registration information. It is important to maintain the accuracy of this information and update it as needed. You must have the legal capacity to agree to these Terms & Services and comply with them. Additionally, you must be at least 13 years old and not a minor in your jurisdiction, or have obtained parental permission to use the Site. Accessing the Site through automated or non-human means is prohibited. It is also important to use the Site for lawful purposes and in compliance with applicable laws and regulations.
If you provide any information that is false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Site (or any part of it).
REGISTRATION OF USERS
Registration with the Site may be necessary. It is your responsibility to maintain the confidentiality of your password and ensure that your account is used appropriately. Our company has the authority to modify, reclaim, or alter the username you choose if we deem it to be unsuitable, offensive, or objectionable, based on our own judgment.
THE PRODUCTS
By accessing and using the Site, all visitors acknowledge and agree that the site functions as an online art gallery, and that all displayed content whether visual or written is presented as original artistic expression. Any item purchased through this platform is understood to be a work of art, and is acquired as such by the purchaser.
We strive to provide the most accurate representation of the colors, features, specifications, and details of our products on the Site. Nevertheless, we cannot provide a guarantee that the colors, features, specifications, and details of the products will be completely accurate, reliable, current, or free of other errors.
Additionally, please note that your electronic display may not accurately reflect the actual colors and details of the products. Availability of products is subject to change, and we cannot ensure that items will be in stock. We have the authority to cease the production of any products at our discretion, without prior notice or explanation. Prices for all products may be adjusted.
TRANSACTIONS AND PAYMENTS
We are pleased to inform you that we accept a wide range of payment methods:
– Visa
– Mastercard
– American Express
– Discover
– PayPal
It is important to ensure that the purchase and account information you provide for all purchases made via the Site is current, complete, and accurate. Please ensure that you keep your account and payment information up to date, including your email address, payment method, and payment card expiration date. This will allow us to process your transactions smoothly and reach out to you when necessary. Applicable sales tax will be included in the purchase price as determined by our company. Prices are subject to change at any time.
By making a purchase, you are responsible for paying the current prices and any applicable shipping fees. Upon placing your order, we will charge your chosen payment provider for these amounts. We maintain the authority to rectify any inaccuracies or errors in pricing, regardless of whether payment has been requested or received.
We have the authority to decline any order made through the Site. Quantities purchased per person, per household, or per order may be limited or canceled at our discretion. These limitations may apply to orders made by or under the same customer account, using the same payment method, or with the same billing or shipping address. We maintain the authority to restrict or disallow orders that, in our exclusive assessment, seem to be made by dealers, resellers, or distributors.
RETURN AND REFUND POLICY
Before making any purchases, we kindly ask you to review our Return and Refund Policy that is available on our website.
ACTIVITIES THAT ARE PROHIBITED.
Accessing or using the Site for any purpose other than what we have made available is prohibited. The Site is intended for non-commercial use only, unless explicitly endorsed or approved by us.
As a user of the Site, you are obligated to refrain from:
Do not retrieve data or other content from the Site to create a collection, compilation, database, or directory without obtaining written permission from us.
It is strictly prohibited to engage in any deceptive or fraudulent activities, particularly when attempting to obtain sensitive account information like user passwords.
Do not tamper with or disrupt the security measures of the Site, such as those that prevent unauthorized use or copying of any Content, or impose restrictions on the use of the Site and its Content.
Speak negatively, damage reputation, or cause harm, in our perspective, to us and/or the Site.
Do not utilize any information acquired from the Site with the intention of causing distress, mistreatment, or injury to another individual.
Please refrain from misusing our support services or providing false reports of abuse or misconduct.
Ensure that your use of the Site aligns with all relevant laws and regulations.
Do not engage in any framing or linking to the Site without proper authorization.
Do not upload or transmit any harmful material, such as viruses or Trojan horses, that could disrupt or interfere with the normal use and enjoyment of the Site. This includes avoiding excessive use of capital letters and spamming, which is continuously posting repetitive text. Any actions that modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site should be avoided.
Please refrain from engaging in any automated use of the system, such as utilizing scripts to send comments or messages, or employing any data mining, robots, or similar data gathering and extraction tools.
Please refrain from removing the copyright or other proprietary rights notice from any Content.
Engaging in activities that involve pretending to be someone else or using someone else’s username.
Do not upload or transmit any material that collects or transmits information without your knowledge, such as gifs, 1×1 pixels, web bugs, cookies, or other similar devices.
Do not disrupt or cause any unnecessary burden on the Site or its connected networks or services.
Do not engage in any behavior that may cause harm or distress to our employees or agents who are working to provide you with the services on our site.
Do not try to circumvent any security measures put in place on the Site to prevent or limit access to it, or any part of it.
Copying or modifying the Site’s software, which includes various codes such as Flash, PHP, HTML, JavaScript, or other code, is not permitted.
It is not allowed to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, unless permitted by applicable law.
It is prohibited to utilize or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers, that access the Site, unless it is done through standard search engine or Internet browser usage. Additionally, unauthorized scripts or software must not be used or launched.
Consider utilizing the services of a buying agent or purchasing agent to facilitate your purchases on the Site.
Engaging in any unauthorized activities on the Site, such as gathering usernames and/or email addresses of users through electronic or other methods with the intention of sending unsolicited emails, or creating user accounts through automated means or deceptive tactics, is strictly prohibited.
Do not utilize the Site in any manner that may be seen as competitive with us or for any profit-making venture or business activity.
USER-PROVIDED CONTRIBUTIONS
Users are not allowed to submit or post content on the Site. You have the option to create and share various types of content and materials with us or on the Site, such as text, videos, photos, and more. These contributions can be submitted, displayed, transmitted, published, distributed, or broadcasted. Contributions can be seen by other users of the Site and on third-party websites. Therefore, any Contributions you send may be handled in accordance with the Site Privacy Policy. When you create or make available any Contributions, you affirm and guarantee the following:
Our platform ensures that your Contributions are fully compliant with all relevant laws and regulations, including intellectual property rights. We prioritize the protection of proprietary rights and guarantee that your actions on our platform will not infringe upon the rights of any third party.
You have full legal authority and ownership over your Contributions, including all necessary licenses, rights, consents, releases, and permissions. This allows you to use and authorize us, the Site, and other users of the Site to utilize your Contributions in any way outlined by the Site and these Terms & Services.
You possess the necessary consent, release, and/or permission from all identifiable individuals mentioned in your Contributions to utilize their name or likeness. This enables the inclusion and use of your Contributions in any way specified by the Site and these Terms & Services.
Your Contributions are truthful, accurate, and clear.
Your Contributions do not include unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions must adhere to our standards and should not contain any content that is offensive, inappropriate, or harmful.
It is important to ensure that your Contributions do not engage in any form of ridicule, mockery, disparagement, intimidation, or abuse towards others.
Your Contributions are intended to ensure the safety and well-being of all individuals and to discourage any form of harm or violence towards others.
Your Contributions are in compliance with all relevant laws, regulations, and rules.
Your Contributions are in compliance with the privacy and publicity rights of all third parties.
Your Contributions are in compliance with all relevant laws regarding child pornography and the protection of minors’ health and well-being.
Ensure that your Contributions do not contain any derogatory remarks related to race, nationality, gender, sexual orientation, or physical disabilities.
Your Contributions are in compliance with these Terms & Services and all relevant laws and regulations.
Any misuse of the Site that goes against the above guidelines is a violation of these Terms & Services and may lead to the termination or suspension of your rights to use the Site.
LICENSE FOR CONTRIBUTIONS
You and Site acknowledge and consent to our access, storage, processing, and utilization of any information and personal data you provide, in accordance with the Privacy Policy and your preferences (including settings).
By providing suggestions or feedback about the Site, you acknowledge and consent to our unrestricted use and sharing of such input for any purpose, without any obligation to compensate you.
We acknowledge that you retain full ownership of your Contributions. You maintain complete ownership of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you agree to release us from any and all responsibility and to avoid taking any legal action against us regarding your Contributions.
SUBMISSIONS
You understand and agree that any inquiries, remarks, recommendations, concepts, input, or other details about the Site or the Submissions that you provide to us are not considered confidential and will become our exclusive property. We will have full ownership of all rights, including intellectual property rights, and can freely use and share these Submissions for any lawful purpose, whether commercial or not, without giving you credit or compensation. By submitting any content, you are relinquishing any moral rights associated with it. You also guarantee that the content is either your original work or that you have the necessary rights to submit it. We want to make it clear that we will not be held responsible for any claims or actions related to the infringement or misappropriation of any proprietary rights in your Submissions.
WEBSITES AND CONTENT PROVIDED BY THIRD PARTIES
The Site may include (or you may receive through the Site or the Submissions) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. We are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. We do not imply approval or endorsement of any Third-Party Websites or any Third-Party Content that may be included, linked to, or permitted for use or installation. When choosing to leave the Site and visit Third-Party Websites or use/install Third-Party Content, it is important to be aware that these Terms & Services no longer apply. Please proceed with caution and understand the associated risks. It is important to carefully examine the terms and policies, such as privacy and data collection practices, of any website you visit from the Site or any applications you download or use from the Site. We do not assume any liability for purchases made through Third-Party Websites, as these transactions are solely between you and the respective third party. Please be aware that these purchases are conducted on external websites and involve other companies. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and you are responsible for any harm caused by your purchase of such products or services. We will not be held liable for any consequences. Furthermore, you are responsible for any losses incurred or harm suffered as a result of any Third-Party Content or interaction with Third-Party Websites, and we shall not be held liable for such incidents.
MANAGEMENT OF THE SITE
We have the right to monitor the Site for any violations of these Terms & Services. If we determine that someone has violated the law or these Terms & Services, we may take appropriate action, including reporting the user to law enforcement authorities. Additionally, we may refuse, restrict access to, or disable any of your Contributions if we deem it necessary. We also have the discretion to remove or disable any files or content that are excessively large or burdensome to our systems. Our goal is to protect our rights and property and ensure the proper functioning of the Site.
OUR PRIVACY POLICY
We prioritize data privacy and security. Kindly take a look at our Privacy Policy by visiting this link: (Privacy Policy URL). By utilizing the Site or the Submissions, you are consenting to abide by our Privacy Policy, which is integrated into these Terms & Services. Kindly note that the Site is hosted in the United States. By accessing the Site from a region with different laws or requirements regarding personal data, and continuing to use the Site, you are consenting to the transfer and processing of your data in the United States. In addition, we are committed to ensuring that we do not collect, seek, or encourage information from minors, nor do we engage in any marketing directed towards minors. Thus, in line with the laws of the United States. If we become aware that someone under the age of 13 has given us personal information without proper parental consent, we will promptly remove that information from the Site.
TERM AND TERMINATION
The Terms & Services will continue to be valid as long as you are using the Site. Without restricting any other provision of these Terms & Services, we have the authority to, at our own discretion and without prior notice or liability, refuse access to and usage of the site and submissions (including blocking specific IP addresses), to any individual for any reason or no reason at all. This includes, but is not limited to, violations of any representation, warranty, or agreement stated in these Terms & Services or any relevant law or regulation. We reserve the right to terminate your use or participation in the site and delete your account and any content or information that you posted, without prior notice, based on our own judgment.
In the event that your account is terminated or suspended, please note that you are not allowed to register or create a new account using your own name, a false name, or the name of any other individual, regardless of whether you are acting on behalf of that individual. In addition to terminating or suspending your account, we have the authority to pursue necessary actions, such as seeking legal remedies, to address the situation.
CHANGES AND INTERRUPTIONS
We have the authority to alter, adjust, or delete the contents of the Site whenever we see fit, without prior notice. Nevertheless, we are not required to update any information on our Site. We may make changes or terminate all or part of the Submissions without prior notice. We are not responsible for any changes, price adjustments, interruptions, or termination of the Site or Submissions, and we cannot be held accountable to you or any third party for these actions. Availability of the Site and the Submissions cannot be guaranteed at all times. There may be instances where we encounter technical difficulties or require maintenance for the Site, which could lead to interruptions, delays, or errors. We have the authority to make changes to the Site or the Submissions at any time or for any reason without providing notice to you. This includes the ability to change, revise, update, suspend, discontinue, or otherwise modify them. We hold no responsibility for any negative consequences resulting from your inability to access or utilize the Site or the Submissions during periods of downtime or discontinuation. We are not obligated to provide maintenance, support, corrections, updates, or releases for the Site or Submissions.
GOVERNING LAW
The Terms & Services and your use of the Site and the Submissions are subject to the laws of the State of Texas. These laws apply to agreements made and performed within the state, without considering conflict of law principles.
RESOLVING DISPUTES
Informal Negotiations
In order to reach a resolution quickly and manage expenses associated with any disagreement, argument, or demand arising from these Terms & Services (referred to as a “Dispute” or collectively as the “Disputes”), both parties (referred to as a “Party” individually and as the “Parties” collectively) have agreed to initially try to resolve any Dispute (excluding the Disputes specifically mentioned below) through informal negotiations for a minimum of thirty (30) days before resorting to arbitration. Informal negotiations begin when one party sends a written notice to the other party.
Binding Arbitration
If the parties cannot come to a resolution through informal negotiations, the dispute (excluding those disputes specifically excluded below) will be ultimately and exclusively resolved through binding arbitration. It is important to note that without this provision, the option to file a lawsuit in court and have a trial by jury would be available to you. The arbitration will be initiated and carried out in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), which can be found on the AAA website www.adr.org. The fees for arbitration and the compensation for the arbitrator will be determined by the AAA Consumer Rules and may be subject to limitations outlined in those rules. If the arbitrator deems the costs to be excessive, we will cover all arbitration fees and expenses. The arbitration can be carried out in various ways, including in-person, through document submission, over the phone, or online. The arbitrator will issue a written decision, but is not obligated to provide a statement of reasons unless specifically asked by either Party. The arbitrator is required to adhere to the relevant laws, and if they fail to do so, any decision they make can be contested. Unless otherwise mandated by the relevant AAA regulations or governing legislation, the arbitration will be held in Houston, Texas. Unless stated otherwise, the parties have the option to resolve disputes through court litigation or arbitration. This includes seeking court intervention to enforce arbitration, temporarily halt legal proceedings until arbitration is completed, or to validate, alter, annul, or officially record the arbitrator’s decision.
If, for any reason, a dispute goes to court instead of arbitration, the dispute will be initiated or pursued in the state and federal courts situated in Houston, Texas. The parties involved hereby agree to and relinquish any defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in those state and federal courts. The Terms & Services do not include the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA).
Any dispute related to the Site must be initiated within one (1) year of the cause of action arising. If this provision is determined to be unlawful or unenforceable, then both parties will refrain from choosing arbitration for any dispute falling within that portion of the provision. Instead, such dispute will be resolved by a court of appropriate jurisdiction as specified above, and the parties consent to the authority of that court.
Class Action Waiver
The parties also agree that the arbitration will be carried out on an individual basis, rather than as a class action or other representative action. Additionally, the parties explicitly give up their right to file a class action or seek relief on a class basis. Both parties agree to bring claims against each other solely in their individual capacity, rather than as plaintiffs or class members in any supposed class or representative proceeding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Exceptions to Informal Negotiations and Arbitration
The Parties acknowledge that certain types of disputes are exempt from the informal negotiation and binding arbitration provisions outlined above. These include disputes involving the enforcement or protection of intellectual property rights, disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief. If this provision is determined to be unlawful or unenforceable, then neither Party will choose to resolve any Dispute falling within that portion of this provision found to be unlawful or unenforceable through arbitration. Instead, such disputes will be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to abide by the authority of that court.
AMENDMENTS
There might be some information on the Site that includes mistakes, inaccuracies, or omissions regarding the Submissions, such as descriptions, pricing, availability, and other details. We have the authority to rectify any mistakes, inaccuracies, or omissions and to modify or refresh the information on the Site without any prior notice.
DISCLAIMER
The site is provided on a “as-is” and “as-available” basis. By using the site services, you acknowledge that you are solely responsible for any risks involved. We want to make it clear that we are not making any promises or guarantees regarding the site and your use of it. We are not responsible for any issues or problems that may arise. It is important to understand that there are no implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We cannot guarantee the accuracy or completeness of the site’s content or any linked websites. We are not liable for any errors, personal injury, unauthorized access, interruptions in transmission, or any bugs or viruses transmitted by third parties.
We are also not responsible for any errors or omissions in the content or any loss or damage incurred from using the site. We cannot guarantee or endorse any product or service advertised by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We also cannot assume responsibility for monitoring any transaction between you and any third-party providers of products or services. Just like when you buy something, it’s important to use your common sense and be careful.
LIMITATIONS OF LIABILITY
We want to make it clear that we, along with our directors, employees, and agents, cannot be held responsible for any damages that may occur as a result of your use of the site. This includes any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, such as lost profit, lost revenue, loss of data, or any other type of damages. We want to emphasize that even if we have been informed of the possibility of such damages, we cannot be held liable. Regardless of any other provisions stated here, our responsibility to you for any reason and regardless of the nature of the claim, will always be restricted to the amount, if any, that you have paid to us. Some state laws in the US and international laws prohibit restrictions on implied warranties or the exclusion or limitation of specific damages. If these laws are relevant to your situation, certain disclaimers or limitations mentioned above may not be applicable to you, and you might have additional rights.
INDEMNIFICATION
You are responsible for protecting us and our affiliates from any harm or claims made by third parties due to your use of the Site, violation of these Terms & Services, breach of your representations and warranties, infringement of third party rights, or any harmful actions towards other users of the Site. Despite the above, we retain the right, at your cost, to take on the sole responsibility for defending and managing any issue that requires you to compensate us. You are obligated to assist, at your expense, in our defense against such claims. We will make sure to inform you promptly if there is any claim, action, or proceeding that falls under this indemnification.
USER INFORMATION
We are obligated to retain specific data that you send to the Site in order to effectively manage the performance of the Site, along with data pertaining to your usage of the Site. While we do conduct regular routine backups of data, it is important to note that you bear full responsibility for all data that you transmit or that is associated with any activity you have engaged in using the Site. You acknowledge that we are not responsible for any loss or corruption of your data, and you waive any claims against us regarding such incidents.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Engaging with the Site, reaching out via email, and filling out online forms are considered electronic communications. By using our services, you acknowledge and accept that we may communicate with you electronically. This means that any agreements, notices, disclosures, or other communications we send to you via email or on our website are considered legally valid and satisfy the requirement for written communication. By using our services, you acknowledge and accept the utilization of electronic signatures, contracts, orders, and other records. Additionally, you consent to receiving notices, policies, and transaction records electronically, whether they are initiated or completed by us or through the site. By agreeing to this, you are giving up any rights or obligations imposed by laws that require physical signatures, paper records, or non-electronic payments.
MISCELLANEOUS
The Terms & Services and any policies or operating rules posted by us on the Site or in respect to the Site form the complete agreement and understanding between you and us. We must ensure that all rights and provisions outlined in these Terms & Services are upheld and enforced without exception. These Terms & Services are fully enforceable under the law. We have the ability to transfer our rights and responsibilities to other parties whenever necessary. We will not be held accountable for any loss, damage, delay, or inability to act due to circumstances beyond our control. In the event that any provision or part of a provision of these Terms & Services is found to be unlawful, void, or unenforceable, it will be considered separate from these Terms & Services and will not impact the validity and enforceability of the remaining provisions.
There is no collaboration, alliance, work arrangement, or representative connection established between you and us due to these Terms & Services or use of the Site. You acknowledge that these Terms & Services will not be interpreted against us due to our role in drafting them. By accepting these Terms & Services electronically, you are acknowledging that you waive any defenses based on the electronic form and the absence of physical signatures from the parties involved.
CONTACT US
If you have any questions about these Terms & Services, please contact us at [email protected]
