Terms of use

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PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") BEFORE USING THE WEBSITE AND SERVICES OFFERED BY CASA MIMOSA. ("MIMOSA ART HOUSE OR MIMOSA ART HOUSE APPROVAL CENTER as AHAC"). 

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.MIMOSAARTHOUSE.COM (THE "SITE") AND ALL SERVICES PROVIDED BY AHAC ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are ARTIST, CUSTOMERS, MERCHANTS, CONTENT CONTRIBUTORS, ETC.  If you have any questions, please contact us at artmimosa@gmail.com.  

mimosaarthouse.com (the "Site") is a Web Portal providing artist profiles, virtual art pieces and physical art pieces custom-made or non custom-made.  The Terms constitute a binding legal agreement (the "Agreement") between the Site and persons who decide to become a user at the Site (the "User" or "You"). The site provides certain all site features free of charge. Artist are free to set his own costs for the content that they provide on the site. Users who sell content on the Site ("Content Providers") are independent and are not under the employment of the Site. Content Providers have the discretion to add costs for each piece to their content and have the knowledge that the END PRICE of each product will be done by the Site Admin Responsible. The fee charged is not the costs asked by the Artist respecting the site costs and operational fees. 

 Mimosa acts as a Art House to allow users who comply with AHAC policies to offer, sell and buy certain goods within a fixed-price format. Mimosa is directly involved in the transaction between buyers and sellers. As a result, Mimosa has control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. AHAC does pre-screen users or the content or information provided by users. AHAC ensure that a buyer or seller will actually complete art transactions. 

You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or the legal age of consent in your community) and have the legal capacity to enter into agreements of this nature.  Mimosa Art House makes no representation or warranty that the content published on the Site complies with the local laws of your jurisdiction.  You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws.  You further represent and warrant that you understand the nature of the content published on the site, namely, sexually art materials, and that you voluntarily and knowingly choose to view such material and that such material does not offend or vex your sensibilities.  Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.  Further, you agree to provide accurate registration information to AHAC.  In the event that it is discovered that the registration information you provided is false your account will be immediately cancelled and you could be subject to civil and/or criminal penalties.  

One Member may not register for more than one account without the express authorization of the AHAC You may not use AHAC for any unknown commercial purposes.  

You may not solicit any other Members for any services unknown by AHAC.  This includes soliciting memberships to other internet sites or similar services.  Doing so subjects you to immediate civil and criminal liability. 

SOLICITING OUR SITE MEMBERS WILL RESULT IN LEGAL ACTION. If AHAC is unable to collect payment for legitimate charges you have incurred using the Site from your credit card or banking institution you agree to pay any and all amounts upon demand.  You agree to take responsibility for any charges incurred on your account and further agree that you are the only authorized user of your account.  If AHAC does not receive payment from you within thirty (30) days of invoice date you agree to pay interest on the amount due in an amount not to exceed 2% per month (or the highest amount allowed by law, whichever is lower).  Member shall be liable for all attorney and collection fees arising from AHAC efforts to collect any unpaid balance on your account(s). Member agrees to notify AHAC immediately upon change in the status of their personal details or account details, including but not limited to, art expiration, unauthorized usage of the card, apparent breach of security or apparent compromise of Member's account details or password(s).  Member shall remain liable for any charges incurred in any of these cases unless AHAC is given reasonable and proper notice. You acknowledge that we have no responsibility for supplying Members with computer equipment or communications connections necessary to access the Site.  Members are solely responsible for these items. 

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify AHAC of any unauthorized use of your password or any breach of security. You also agree that AHAC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than AHAC without company express written permission.  Account Information:  You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on AHAC you must provide and maintain valid payment information such as transfer valid information or a valid PayPal (and other) account.  Account Transfer:  You may not transfer or sell your AHAC account and User ID to another party. You are registering as a business entity; you personally guarantee that you have the authority to bind the entity to this Agreement.  Right to Refuse Service:  AHAC services are not available to temporarily or indefinitely suspended members. AHAC reserves the right, in AHAC’s sole discretion, to cancel unconfirmed or inactive accounts. AHAC reserves the right to refuse service to anyone, for any reason, at any time. 

 AHAC offers free registration with email address. This free email registration provides access to our free site, our Art search, and our AHAC services.   

AHAC has 25 categories in 8 types of art structures to offer Art Pieces. In each category AHAC has a fixed percentage over the price asked by the Artists.  We also offer a monthly recurring products as Subscriptions billed in a monthly basis. The monthly recurring Subscriptions offer a new product per month from the same Artist Related to the Subscription choice done.  Pricing is clearly and unambiguously displayed at the top of every payment page. Pricing options may change from time to time and we reserve the right to change them without notice.

Refund Policy
We do not issue refunds unless there are extenuating circumstances for which we feel a refund is merited. Examples include: dissatisfaction with service provided by a Content Provider, or technical issues. In such cases, we will issue refund in kind.

Billing Providers
AHAC uses multiple billing service providers to process payment transactions.  In the event that your purchase is transacted through one of our service providers, the following applies: To complete your purchase you will be transferred to the secured server of our Service Provider, an independent company providing credit card and check processing services and other billing services for Web Site operators, such as the owner and operator of this Web Site. No Service Provider nor any person or company related to Service Provider holds any ownership interest in this Web Site, nor receives any financial benefit from this Web Site, other than a fee paid by the owner of this Web Site to Service Provider for the services performed by Service Provider. Service Provider HAS NO CONTROL OVER THE WEB SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Web Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Web Site.  Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon.  SERVICE PROVIDER EXPRESSLY DISCLAIMS AND WARRANTIES OF CLIENT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON.  

Any disputes arising in connection with this Web Site, or the products and/or services being offered or purchased, are between you and the owner of this Web Site.  In certain circumstances, Service Provider may provide billing customer service for the Web Site, in which case Service Provider may be handling such disputes for the owner on a contract basis, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Web Site; however, you should feel free to contact Service Provider in the event that you feel that the Web Site operator acted fraudulently, or you were misled in any way.  Service Provider urges you to carefully read the Terms and Conditions on the Web Site, and to ask the Web Site operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Web Site. By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon.

Currency conversion
All fees for Artist are in Brazilian Reais. Currency conversion for payments is handled automatically by our payment processing service. On Site AHAC updates the information regularly. However, AHAC cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. AHAC may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with AHAC published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of your development. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate information. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Action Policies
All Artists are urged to outline the policies for their sales. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must follow policies in good faith and must abide by such policies. AHAC reserves the right to request and change any information. All sales are binding. The Artist is obligated to ship the in a prompt manner.

Prohibited, Questionable and Infringing Items and Activities
Restricted Activities: Your Content and your use of AHAC shall not: Be false, inaccurate or misleading. Be fraudulent or involve the sale of illegal, counterfeit or stolen items. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. Modify, adapt or hack AHAC or modify another website so as to falsely imply that it is associated with Mimosa Art House

Access and Interference
AHAC may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to AHAC by AHAC's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access AHAC for any purpose. Additionally, you agree that you will not: Take any action that imposes, or may impose, in AHAC's sole discretion, an unreasonable or disproportionately large load on AHAC infrastructure. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or otherwise without the prior express written permission of AHAC and the appropriate third party, as applicable. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. Bypass AHAC's robot exclusion headers or other measures AHAC may use to prevent or restrict access to the Site.

Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. AHAC shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. AHAC recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AHAC DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Breach
Without limiting any other remedies, AHAC may, without notice, and without refunding any fees, delay or immediately remove Content, warn AHACS's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: AHAC suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy,  or other policy documents and community guidelines incorporated herein; AHAC is unable to verify or authenticate any of your personal information or Content; or AHAC believes that a user is acting inconsistently with the letter or spirit of AHAC's policies, has engaged in improper or fraudulent activity in connection with AHAC or the actions may cause legal liability or financial loss to AHAC's users or to AHAC.

Privacy
AHAC is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details.

No Warranty and No Guarantee
AHAC, AHAC 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AHAC 'S SUPPLIERS PROVIDE AHAC 'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AHAC, AHAC 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AHAC'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM AHAC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.  AHAC does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside AHAC's control.

Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any AHAC service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on AHAC's net income).

Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

AHAC Service
AHAC reserves the right to modify or terminate the AHAC service for any reason, without notice, at any time. AHAC reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If AHAC makes a material change AHAC will notify you here, by email, by means of a notice on our home page, or other places AHAC deems appropriate. What constitutes a "material change" will be determined at AHAC's sole discretion, in good faith, and using common sense and reasonable judgment.

Disclosures
The services hereunder are offered by Casa Mimosa., Registration Name/Razão Social: Casa Mimosa (ltda. – ME) Fantasy Name/Used Name: Mimosa - National Registration CNPJ 56995541/0001-51 / I.E 100.034.379.116 Address: Rua Barão Do Triunfo 391, Brooklin Paulista - São Paulo, 04602-000, Brazil. +55 11 5561-6705 - Physical Store Phone: +55 11 55616705 - Bank Details: Banco do Brasil 0813-3 account 35185-7, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Use of the Site
This Web site and its contents (the "Content") are intended for customers of AHAC. You may not use this Web site or the Content for any purpose not related to your business with Mimosa Art House. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with AHAC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any AHAC product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose. You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property  / Copyright © Casa Mimosa Ltda. 1954-2018  All Rights Reserved.
All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of AHAC and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with AHAC, such as a Royalty Free License Agreement, any other use of these Materials without AHAC's written permission is prohibited. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. 

Copyright © Casa Mimosa Ltda. 1954-2018. 

All Rights Reserved.  For issues with intellectual property, please provide the notice as specified here at Procedures for Making Claims of Infringement.

Linked Web sites
This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that AHAC monitors or endorses these Web sites. AHAC does not accept any responsibility for such Web sites. AHAC shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.