Mimu Co (“mimu”, “us”, “we”, “our”) offers bespoke hand-drawn Caricature Creation services (“Caricature Creations”, the “Services”).
The services include enabling you to transmit your own front-facing photographic images of human and/or animal faces via the website www.mimu.co (the “Website”) in order for us to provide the Services, either by our default electronic scan method of delivery with the use of your provided email address, or by delivery of hardcopy Caricature Creations via post to your provided physical address.
TERMS & CONDITIONS – THE AGREEMENT
These terms and conditions (the Agreement) doth govern your access to and use of the Website and the Services, including the sending and receipt of Caricature Creations. Please read these Terms & Conditions carefully before accessing or using the Website or the Services.
By accessing or using the Website or the Services, you agree to be bound by these Terms & Conditions, and you confirm that you are of legal age to form a binding contract with Mimu and that you have the authority to enter into these Terms & Conditions on behalf of yourself or the company or organisation you are acting on behalf of (if so, “you” shall for the purpose of the Agreement also refer to the company or organisation, where appropriate).
If you do not agree to be bound by all of these Terms & Conditions, then do not access or use the Website or the Services.
The ordering of any services from us via the website incorporates these Terms & Conditions. These Terms & Conditions are subject to and include our プライバシーポリシー which thus forms part of the Agreement.
Mimu may terminate your right to access and/or use the website or the Services if you violate the Terms & Conditions.
CHANGES TO THE AGREEMENT
Mimu may at any time change these Terms & Conditions without notice. Mimu may also change or impose additional rules, requirements, clauses or guidelines that will be posted here on the Website.
Such changes become effective when posted on the Website and apply to your subsequent use of the Website and the Services. The Terms & Conditions in place at the time of placing an order will govern the applicable order.
We therefore recommend you read these Term & Conditions in advance every time you are considering placing an order.
APPROPRIATE CONTENT AND IMAGERY
You are responsible for the suitability of the content and imagery that you choose to provide for Mimu to complete your Caricature Creation.
You must not write or upload anything threatening, offensive, hateful or defamatory, nor anything containing a virus or other code with infectious, contaminating or destructive capabilities.
You grant Mimu the sole responsibility of deciding what is acceptable and unacceptable communication, content or imagery.
Further, you accept that Mimu may decide, without question or recourse, when to cease trading and correspondence with any party as a result of communication, content or imagery deemed by us to be unacceptable.
If any imagery does not comply with these Terms & Conditions, we reserve the right to cease trading and correspondence with you immediately and without any obligation to you or liability on our part.
OWNERSHIP AND DISPLAY OF CONTENT
We do not claim ownership of your Caricature Creation.
However we may publish a copy of your Caricature Creation via our online properties, unless you specifically request in writing that we not do so.
You grant Mimu a cost-free, royalty-free, global and non-exclusive license to use your content and imagery for the purpose of providing the Services, and thence display any or all of your completed Caricature Creation via our online properties.
You also warrant that, when required, you have obtained a license for the content and imagery provided by you, and that Mimu may use, modify, publish, reproduce and distribute that content and imagery in order for us to provide the Services, and that we may display your Caricature Creations without obtaining permission or license from any third party.
PROVISION OF CARICATURE CREATIONS
We may, without notice, cancel or otherwise make changes to any orders if the product or associated materials are no longer available, or upon your breach of this Agreement.
Mimu will endeavor to process your order and complete each Caricature Creation within three business days, however no specific time limit for creation, production and delivering any Caricature Creation is guaranteed.
Mimu will deliver your default Caricature Creation as a digital scan to the email address provided by you when you placed your order. We have the sole right to choose how and with which email provider or third party service we use to deliver any Caricature Creation.
Hardcopy Caricature Creations will be sent by regular post unless otherwise agreed, and will be deemed delivered, with risk of loss transferred to you upon delivery to the address stated in your order.
We cannot guarantee that postal delivery will be on time by any carrier.
Our default digital Caricature Creations are deemed to have been delivered at the time we transmit the digital scan to you via email, or via any other electronic method we use, or at the time we transmit a notification informing that your Caricature Creation is available for download.
You are responsible for ensuring that your computer system or device meets all relevant technical specifications necessary to upload your content.
Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.
You agree that you shall indemnify and hold harmless Mimu against all third party claims and demands, including liability, damages, costs, reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms & Conditions, (ii) your use of our online properties or receipt of the Services, (iii) your violation of any third party intellectual property or other rights, or (iv) the content you have uploaded.
You agree that the provisions in this section will survive any termination of these Terms & Conditions or your access to the Services.
Caricature Creations and associated materials, framing, fixtures etc are provided on an “as is” basis without representation, warranty or guarantee of any kind. Mimu does not represent, warrant or guarantee that a service or product will be available or that it will be free from loss or corruption of data, or from viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto.
LIMITATION OF LIABILITY
Mimu is not liable for the image quality of hardcopy materials. Caricature Creations supplied in hardcopy format may therefore differ from expectations, for instance frame quality, colour, style etc.
Mimu is not liable for any loss of content that has been provided by you, including the loss or subsequent deletion of any imagery uploaded by you.
Mimu is not liable for any indirect or consequential loss or damages of any kind, including but not limited to loss of data, profit, revenue or business.
Our liability is in all cases limited to the amount paid by you for Caricature Creations.
The above limitations of liability shall not apply in the event of willful misconduct or gross negligence by us.
Moreover, the above limitations of liability do not affect your statutory rights as a consumer and only apply to the extent permitted by mandatory law.
Mimu may assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms & Conditions. Any purported assignment, transfer, sub-contracting or delegation by you shall be ineffective.
These Terms & Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
Our failure to insist upon or enforce your strict compliance with these Terms & Conditions will not constitute a waiver of any of our rights.
No waiver by us related to any breach of these Terms & Conditions is valid except if given in writing. Any such waiver shall not constitute a consent to or excuse for any other or subsequent breach or act unless such waiver or consent is in writing signed by us.
No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms & Conditions.
These Terms & Conditions, together with any accepted order, are the whole agreement between us.
You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms & Conditions by reason of any misrepresentation that is not contained in the Terms & Conditions and any accepted order.
If any provisions in these Terms & Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions and shall be deemed to be deleted from them. The remaining portions of these Terms & Conditions will remain in full force and effect.
We use your personal information in accordance with our プライバシーポリシー which forms part of this Agreement – please read it carefully as it includes important information for you.
To contact us about these Terms & Conditions, about ordering or anything in relation to using the Services, please use our Contact Form on the Website www.mimu.co, or email us at firstname.lastname@example.org