Use of Site
Services and products are intended for persons who are legally permitted to enter binding contracts. The Site may not be used to gain or attempt to gain a competitive advantage in Shopakira.com's industry market or be used for any commercial use.
The information, opinions, photos, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users ("User Submissions") and uploaded, published, displayed or otherwise made available ("posted") on the Site is not endorsed by Shopakira.com. User is solely responsible for the User Submissions he or she posts. User retains all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, User grants, and warrants that he or she has the right to grant, to Shopakira.com a non-exclusive, worldwide, non-revocable, transferable, royalty-free, perpetual right to use the User Submissions in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sublicense, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.
Rules of Conduct
User agrees to adhere to generally accepted rules of etiquette and behavior standards. The following rules of conduct apply to User's use of the Site and to all User Submissions posted on the Site.
Users may not:
- post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way;
- post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights;
- post photos or videos of another person without that person's consent;
- post any advertising or solicitation or commercial content whatsoever on the Site;
- post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities;
- impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity;
- promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code;
- solicit personal information from anyone under 18;
post the personal information of another person without that person's permission; or
- use another User's account or modify or remove another User's User Submissions without their permission
Accuracy of Information
Although Shopakira.com's webmaster updates information on the Site periodically, Shopakira.com does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to color, availability, product description, and price. Shopakira.com reserves the right to revise or change information without prior notice. Although we apologize for the inconvenience, Shopakira.com reserves the right to correct any information at any time, even during your transaction, and will take measures that may include refusal, cancellation, or revision to adjust your final payment. All prices are available for limited time only, and Shopakira.com reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased merchandise.
Third Party Links and Content
Links and references to and from third party websites are provided for convenience only. Shopakira.com does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. Shopakira.com does not assume any responsibility or liability for third party sites, nor does Shopakira.com make any representation or warranties for these sites. No User may provide links to Shopakira.com's website without prior written permission from Shopakira.com's webmaster. To request such permission, contact [email protected].
Shopakira.com and its service providers do not guarantee the accuracy or completeness of the Site's content. Shopakira.com does not assume responsibility or liability for third party content on the Site. Vendors of Shopakira.com may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify Shopakira.com service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.
User agrees to indemnify all Shopakira.com service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from any violation of this Agreement and/or the Privacy Notice by the User, or any activity on the User's account by another third party.
Copyright and Trademark Disclaimer
The Site is owned by Shopakira.com and is available for a User's personal and non-commercial purposes only. The Shopakira.com name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Shopakira.com retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Shopakira.com trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Shopakira.com. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from Shopakira.com. Shopakira.com retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the site to create new works.Limitation of Liability and Disclaimer of Warranties
SHOPAKIRA.COM PROVIDES THE SITE "AS IS" AND DOES NOT CLAIM TO MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONTENT OF THE SITE. SHOPAKIRA.COM FURTHER DOES NOT WARRANT THAT ITS SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR APPLICABLE SERVER IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. NEITHER SHOPAKIRA.COM NOR ANY OF ITS SERVICE PROVIDERS SHALL BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM ANY USE OR INABILITY TO USE PRODUCTS OR SERVICES, MALFUNCTIONS OR DEFECTS IN THE SITE, LACK OF PRIVACY OR SECURITY WHEN USING THE SITE, FOR ANY DELAY IN OR LACK OF DELIVERY, FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, FOR USER OR ANY THIRD PARTY, AS PERMISSIBLE UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH AN EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THE LIMITATION MAY NOT APPLY IN ITS ENTIRETY. USER IS NOT OBLIGATED TO ACCESS OR USE THE SHOPAKIRA.COM SITE. USER AGREES TO INDEMNIFY AND HOLD HARMLESS SHOPAKIRA.COM AND ITS SERVICE PROVIDERS FROM DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST DATA, COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT IN NO EVENT SHALL SHOPAKIRA.COM BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE CHARGED TO USER FOR USER'S ORDER. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SHOPAKIRA.COM RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE.
The Site is controlled and operated by Shopakira.com in Washington County, Illinois, United States of America. Shopakira.com makes no claim that the Site, its services, or products, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Notice, and submits to the jurisdiction and venue in the state or federal courts located in Illinois. This agreement shall be governed by the laws of the State of Illinois without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If Shopakira.com initiates legal proceedings to collect any amount due hereunder and Shopakira.com substantially prevails in such proceedings, then User agrees to pay Shopakira.com's costs and reasonable attorneys' fees in such proceedings and any appeals. User waives any and all rights that she/he may have to a jury trial in connection with any proceedings concerning this Agreement.
AKIRA Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from AKIRA, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. AKIRA reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. AKIRA also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. AKIRA, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that AKIRA and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from AKIRA through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected].
This message program is a service of AKIRA, located at 200 N Fairfield Ave, Chicago, Illinois 60612.
- General. In the interest of resolving disputes between you and AKIRA in the most expedient and cost effective manner, you and AKIRA agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from AKIRA or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from AKIRA or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND AKIRA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or AKIRA to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and AKIRA will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AKIRA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or AKIRA intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). AKIRA address for Notice is: 200 N Fairfield Ave, Chicago, Illinois 60612, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and AKIRA will make good faith efforts to resolve the claim directly, but if you and AKIRA do not reach an agreement to do so within 30 days after the Notice is received, you or AKIRA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AKIRA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, AKIRA will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AKIRA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and AKIRA agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or AKIRA made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND AKIRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AKIRA agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if AKIRA makes any future change to this arbitration provision, other than a change to AKIRA address for Notice, you may reject the change by sending us written notice within 30 days of the change to AKIRA address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and AKIRA.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.