Terms and Conditions

Effective January 1, 2019

Welcome to the Maykala website, www.Maykala.com (the “Website”), Throughout the site, the terms “Maykala,” “we,” “us,” or “our” refer to Maykala.com. Maykala.com 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.

1.Accessing the Website

You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by email. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

 

2.Pricing and Product Descriptions

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.

3.Order Limitations

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

4.Our Intellectual Property

Maykala and our associated logos, names, and slogans Maykala’s, Maykala*s, Maykala.com are our trademarks and/or service marks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Maykala.com are trademarks or trade dress of Maykala. Maykala’ trademarks and trade dress may not be used in connection with any product or service that is not Maykala’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maykala. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

5.Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Website to:

  • Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
  • Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  • Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Maykala’ reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis.
  • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Post any User Content for which you have not obtained all necessary written permissions and releases;
  • Misrepresent any fact (including without limitation your identity);
  • Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • Exceed your authorized access to any portion of the Website;
  • Collect or store personal data about anyone;
  • Modify without permission any part of the Website;
  • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
  • Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
  • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website.

6.Content Posted by Users

You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit (“Post”) data, information, images, comments, ideas, or other types of content (collectively “Content”) to the Website and other websites linked to on the Website. You understand that all Content Posted by users of the Website (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You retain ownership of the intellectual property contained in your User Content. However, you grant us a royalty-free, irrevocable, transferrable, sub-licensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Post.

We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Website, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).

If you are a minor, you should not be using our website or Posting any User Content. However, if you do so and you want us to remove the User Content from the Website, please contact us at service@ MayKala.com. You will need to provide us with specific information describing the location of the User Content that you want us to remove. We will take reasonable efforts to remove the User Content upon receiving a sufficient request but we cannot ensure complete or comprehensive removal of the User Content.

7.Procedure for Making Other Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Website, please contact us at service@ MayKala.com.

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Website.

8.Third-Party Websites

The Website contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Maykala Website. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies. We do not endorse these websites and our Privacy Policy and Terms of Service do not apply to them.

You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

9.INDEMNIFICATION

You agree to indemnify, defend and hold harmless us 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.

10.Disclaimers

You use the website at your sole risk. We provide the website "as is" and "as available". We expressly disclaim to the full extent permitted by law all warranties of any kind related to the website and content or purchases obtained through the website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the website.

We make no warranty that (1) the website or purchases will meet your requirements; (2) the website will be uninterrupted, timely, secure, or error-free; (3) the website results will be accurate or reliable; (4) the quality of any content or purchases obtained by you through the website will meet your expectations; or (5) the website, our servers, or communications sent from us will be free of viruses or other harmful components.

No information or purchases obtained by you from us or through the website shall create any warranty not expressly stated in these terms.

11.Limitation of Liability

To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • Delaying, rejecting, or removing any or all content at any time for any or no reason whatsoever with or without notice to you;
  • Modifying or discontinuing temporarily or permanently, the website (or any part thereof) with or without notice to you for any or no reason whatsoever;
  • Immediately terminating your access to the website for any or no reason whatsoever and with or without notice to you;
  • The accuracy, usefulness, or availability of any information posted to or through the website; or
  • Any loss or damage of any sort incurred by you as a result of interactions you have with third-parties found on or through the website.

In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the terms, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.

12.Jurisdictional Restrictions

Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.

13.Release

If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

14.Limit on Time to Bring Claim

Any claim or cause of action relating to, arising under or out of your use of the website, including any sales made through this website, must be filed within one year after such claim or cause of action arose or be forever barred.

15.Termination

You agree that Maykala may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Maykala believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension shall be made in Maykala’ sole discretion and that Maykala shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

You may terminate your account with Maykala and these Terms at any time by emailing us at service@ MayKala.com.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.

The following sections shall survive any termination: “Our Intellectual Property,” “Indemnification,” “Disclaimers,” “Limitations of Liability,” “Jurisdictional Restrictions,” “Release,” “Limit on Time to Bring Claim” and “Miscellaneous.”

16.Miscellaneous

These Terms constitute the entire agreement between you and Maykala, and govern your use of the Website and purchases made thereon.

These Terms supersede any prior agreements between you and us with respect to the Website and purchases made thereon.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Maykala representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us. You also agree that the Website shall be deemed solely based in California.

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.