Terms of Service
Thank you for using MIYO™. By using our services and our site you are agreeing to these Terms of service. Please review and read them carefully.
Using our Services
All content included on the Site, such as logos, text, graphics, images, data, software, Application updates, and other material (collectively "Content") is owned or licensed property of MIYO™ or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of MIYO™. It is protected by U.S. and international copyright laws. MIYO™ and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
Prohibited and Unlawful Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to MIYO™ that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
-Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the MIYO™ Site) or to the Site (impersonating another user)
-Download, copy, or transmit any content for the benefit of any other merchant;
-Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by MIYO™ or generally publicly available browsers.
-Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site, or express or imply that we endorse any statement you make.
-Conduct fraudulent activities on the site.
-Harvest or collect personally identifiable information about other users of the site.
-Restrict or inhibit any other person from using the site (including, without limitation, by hacking or defacing any portion of the site).
-Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the site.
-Remove any copyright, trademark, or other proprietary rights notice from the site or materials originating from the site.
License and Access
MIYO™ grants you a limited license to access and make personal use of the site and the content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. Accessing, downloading, printing, posting, storing, or otherwise using the site or any of the content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this site only with involvement of a parent or guardian.
Your MIYO™ Account
You may be required to register with MIYO ™ in order to access certain services or areas of the site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to MIYO™ including those set forth in these Terms & Conditions, MIYO™ reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Reviews, Social Media and Comments
MIYO ™welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you submit through social media and allow MIYO™ to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions as well as MIYO™
General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and MIYO™ assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to MIYO™ a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to MIYO™ the right to include the name provided along with the User Content submitted by you; provided, however, MIYO™ shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. MIYO™ neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. MIYO™ will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of MIYO™.
Availabilities on Products
If an item is out of stock, MIYO™ may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if MIYO™, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
MIYO™ acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. MIYO™ makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. MIYO™ reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Please see our Pricing Policy for more details. The Pricing Policy is incorporated into these Terms & Conditions in its entirety.
If for any reason you have question, comments or concerns, please feel free to contact us with your suggestions or issues. We will do our best to listen and correct any issues if necessary.