Acceptance of Terms and Conditions of Use

Welcome to www.elanamokady.com and MikaMaya Art LLC both subject to the following terms and conditions. BY ACCESSING WWW.ELANAMOKADY.COM, YOU AGREE TO BE CONTRACTUALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS (the "Terms and Conditions"). MIKAMAYA ART LLC MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU AT THE TIME OF APPLICABLE FUTURE VISITS. You should therefore review these Terms and Conditions regularly. You will know if the Terms and Conditions have been revised since your last visit to www.elanamokady.com by referring to the “Effective Date of Current Terms and Conditions” date at the top of this page. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY 

General 

AtMikaMayaArt LLC (DBA asElanaMokadyArt) we create original paintings, using acrylic on canvas.  (“Paintings”) We reproduce these paintings intoGicleecanvas reproductions in multiple sizes as requested by our ordering clients. (“Product”)   

Products 

The Products will be produced only after placement of, and according to the order of the ordering client.  With the placement of the order, the ordering client expressly acknowledges that the quality of the Product depends on the material specified on our website and that due to the reproduction methods, minor variations in color, format and in the quality of material used may occur. These minor variations and/or these changes do not affect the fact that the Products are consistent with the terms of the contract and, do not render the Products defective. 

Promotions 

MikaMayaArt LLC occasionally offers special promotions available through both online and print advertisements. These coupon codes do not apply to all of our Products so please contact us or visit our website for further information and for the terms of these promotions. 

PROTECTION OF PRIVACY 

MIKAMAYA ART LLC is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Elana Mokady Website is governed by MikaMaya Art LLCs Privacy Policy, which is incorporated herein as if restated in full. Please note that the Elana Mokady Website does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the Elana Mokady Website. 

TRADEMARKS 

Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, et al. that appear on the Elana Mokady Website are registered and unregistered trademarks, service marks, or trade dress of MikaMaya Art LLC, including but not limited Elana Mokady® and the Company logo, as it appears on our website, are registered trademarks of MikaMaya Art LLC. Happy Art™ and the Company logo associated with Happy Art™ are recognized Trademarks of MikaMaya Art LLC. (all the preceding together are the “Elana Mokady Trademarks”). You may not use the Elana Mokady Trademarks without MikaMaya Art LLCs prior, written permission. 

The trademarks of third parties may also appear on the Elana Mokady Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Elana Mokady Website grants any right or license to use any of the Elana Mokady Trademarks or may be construed to mean that MikaMaya Art LLC has authority to grant any right or license on behalf of any third party trademark owner. 

ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS 

Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the Elana Mokady Website (collectively “Content”) are protected by U.S. and international copyright laws and may be covered by other restrictions as well. MikaMaya Art LLC retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the material on the Elana Mokady Website may also subsist in individuals and entities other than, and in addition to, MikaMaya Art LLC. MikaMaya Art LLC expressly prohibits the copying of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. MikaMaya Art LLC does not grant any express or implied permission to use any Content in the absence of express written permission from MikaMaya Art LLC. Unauthorized copying, publication or exploitation of MikaMaya Art LLCs Content is specifically prohibited. Anyone wishing to use any Content for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. 

LICENSE AND SITE ACCESS 

MikaMaya Art LLC grants you a limited license to access and make personal use of the Elana Mokady Web Site, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of MikaMaya Art LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Elana Mokady Website or any portion of the Elana Mokady Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MikaMaya Art LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Elana Mokady Website without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Elana Mokady Website name or trademarks without the express written consent of MikaMaya Art LLC. Any unauthorized use terminates the permission or license granted by MikaMaya Art LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Elana Mokady Website so long as the link does not portray the Elana Mokady Website, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Elana Mokady Website logo or other proprietary graphic or trademark as part of the link without express written permission from MikaMaya Art LLC. 

Licensing of Product 

Upon request and approval, MikaMaya Art LLC may allow certain cases of permissible publishing of products and/ or limited rights to reproduce, publicly display, and distribute the Product (“Licensing”). Please contact us or visit our website for further information regarding the terms and conditions for Licensing.   

RESERVATION OF RIGHTS 

All rights and licenses not expressly granted by MikaMaya Art LLC herein are specifically and completely reserved. Nothing on the Elana Mokady Website or in these Terms and Conditions grants any right or license to use any content or property of any third party, or may be construed to mean that MikaMaya Art LLC has authority to grant any right or license on behalf of any third party. 

SUBMISSIONS 

Any communication or material you post, transmit, or distribute to or via the Elana Mokady Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like will be treated as non-confidential and may be used by MikaMaya Art LLC or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting (but excluding information governed by the Privacy PolicyMikaMaya Art LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Elana Mokady Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information (but excluding information governed by the Privacy Policy).   

LIMITATIONS ON YOUR USE OF THE SITE 

You agree not to: 

Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form; or to cause, or actually cause, any disruption of service on the Elana Mokady Website or any other network or any server housing the Elana Mokady Website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet; violate or attempt to violate the security of the authentication and accounting procedures of the Elana Mokady Website; or attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Elana Mokady Website or any of its various components. MikaMaya Art LLC may block, restrict, disable, suspend or terminate your access to all or part of the Elana Mokady Website and Content at any time in MikaMaya Art LLC's discretion, without prior notice or liability to you. 

WARRANTY AND INDEMNIFICATION 

By using the Elana Mokady Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold MikaMaya Art LLC, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Elana Mokady Website. 

DISCLAIMER OF WARRANTIES 

MIKAMAYA ART LLC PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. MIKAMAYA ART LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. MIKAMAYA ART LLC DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MIKAMAYA LLC MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. MIKAMAYA ART LLC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION. 

LIMITATION OF LIABILITY 

NEITHER MIKAMAYA ART LLC, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION. 

SEVERANCE AND WAIVER 

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. MikaMaya Art LLCs failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by MikaMaya Art LLC. 

VENUE AND CHOICE OF LAW 

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Massachusetts, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Middlesex County in the State of Massachusetts, and the parties hereby waive any objection that they may have to personal jurisdiction or forum non conveniens in these courts. 

ENTIRE AGREEMENT 

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties. 

Questions? Contact MikaMaya Art LLC customercare@elenamokady.com for further information.