Terms of Use

Last updated and effective July 31, 2024

You can click on the following links to go directly to the corresponding paragraphs of these Terms of Use.

Introduction
Definitions
Eligible Users
Proprietary Rights and Protection
Prohibited Uses
Third Party Content and Third-Party Sites
Reservation of Rights
Disclaimers
Indemnification
Privacy
Waiver
English Language
Dispute Resolution
Choice of Law/Forum Selection
Severability
Entire Agreement

Introduction

These Terms of Use apply to our website www.chiikawaofficial.com (the “Site”) which is owned and controlled by Spiralcute International, Inc. (Spiralcute,” “we”, “our,” or “us”). The following terms of use, together with any documents incorporated by reference (this "Agreement") govern your use of the Site and any other sites, products, services, features, contents, mobile sites, and applications offered by us from time to time that link or otherwise refer to this Agreement. Failure to comply in full with the Agreement may result in cessation of access and use privileges and may result in legal actions taken against offending individuals and/or organizations in our sole discretion. We reserve the right to block your access to the Services for violation of this Agreement.

BY USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.

We also like to interact with you on third party sites where we post content or invite your feedback such as Meta, Instagram, YouTube, Twitter, TikTok, and Snapchat (“Third Party Sites”). We do not control Third Party Sites and our Terms of Use and Privacy Notice do not apply to companies that Spiralcute does not own or control, or to the actions that Spiralcute does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Spiralcute reserve the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If Spiralcute decides to change these Terms of Use, Spiralcute will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

2. Definitions

The word "User(s)” means any Person (also referred to as "you" or "your") visiting, accessing, or using the Services. The word "Person(s)" means any natural person, sole proprietorship, corporation, partnership, or other entity whatsoever. The word "or" includes the word "and." The words "includes" or "including" means "includes, but is not limited to" or "including, but not limited to."

3. Eligible Users

By using our Site, you represent that you are at least thirteen (13) years of age, and if you are under eighteen (18), that your parent or legal guardian agrees to be bound by this Agreement, and that you have not been previously removed from or prohibited from using our Services. For all Users and Persons over the age of 18 that visit, access, and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership, or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User.

To access the Services or some of the resources therein, you may be asked to provide certain information. It is a condition of your use of the Services that all the information you provide is accurate, current, and complete. You agree that all information you provide to register for a Service or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with the Privacy Notice. For purposes of this Agreement, "personal information" means information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

4. Proprietary Rights and Protection

All of the data, information, content, materials, services, and software displayed on, transmitted through, or used in connection with the Services, including, for example, text, photographs, images, illustrations, HTML, source and object code, software, Data (as defined below), etc., as well as its trade dress, layout, presentation, selection, and arrangement, are owned by SPIRALCUTE (collectively, the "Content"). SPIRALCUTE actively protects its rights to the Content to the fullest extent of the law. You may not use such Content except as provided in this Agreement.

You may use the Services online and solely for your personal, non-commercial use. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of SPIRALCUTE. For information on requests to use the Content for any purpose other than as permitted in this paragraph, please contact us at info@spiralcuteintl.com. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and/or other laws.

The Services contain data and other information including written words (collectively, the "Data"). The Data may be generated by SPIRALCUTE or gathered by SPIRALCUTE from other sources. You acknowledge and agree that the Data are highly proprietary in nature and that unauthorized copying, transfer, or use may cause SPIRALCUTE or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by SPIRALCUTE by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies available to it. You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material, or other proprietary information (including images, text, page layout, or form) of any portion of the Services without our express prior written consent.

5. Prohibited Uses

You may only use the Services for lawful purposes and in accordance with this Agreement. You specifically agree to not:

Use Spiralcute except for your own personal use;
Use Spiralcute in a manner and for a purpose that is lawful;
Use Spiralcute in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content;
Use Spiralcute to stalk, bully, abuse, harass, threaten or intimidate anyone else;
Use Spiralcute to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User;
Impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company;
Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Spiralcute;
Use Spiralcute in a way that could adversely affect our systems or security or interfere with any other User’s use of Spiralcute, including their ability to engage in real-time activities through Spiralcute;
Use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Spiralcute or any server, network or system associated with Spiralcute, or to extract, scrape, collect, harvest or gather Content or information from Spiralcute;
Use Spiralcute's name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Use or with our prior written agreement;
Attempt to disable, overburden, damage, or impair the Site;
Reverse-engineer, disassemble, or decompile the Services and/or any content, data, and/or materials therein, or attempt to do the same;
Use any device, software, or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack; and
Participate in coordinated efforts or group activities with others in order violate or to exceed these use limitations. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of Spiralcute.

6. Third-Party Content and Third-Party Sites

Spiralcute reserves the right, at any time, without notice and in its sole discretion, to terminate your use of the Site and to block or prevent your future access to and use of the Site. Spiralcute may access, preserve, and disclose your personal information if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with a legal process, (ii) enforce these Terms of Use, (iii) respond to your requests for customer service, or (iv) protect the rights, property, or personal safety of Spiralcute (and its employees), its users and the public.

7. Reservation of Rights

8. Disclaimers

SPIRALCUTE IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPIRALCUTE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SPIRALCUTE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. Please be advised that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

SPIRALCUTE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

9. Indemnification

You agree to defend, indemnify and hold harmless Spiralcute (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.

10. Privacy

By submitting your email address, you agree that Spiralcute and its third-party service providers may use your email address to contact you for promotional marketing, administrative purposes, and for any other purpose permitted or required by law. Our Privacy Notice provides further details on the manner in which we may collect and use personal information about you, including any information you supply in connection with your use of the Site.

11. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

12. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

13. Dispute Resolution

Please read carefully the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with Spiralcute and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Spiralcute, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Spiralcute may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at info@spiralcuteintl.com.The Arbitration will be conducted by the California Lawyers for the Arts, Arts Arbitration and Mediation Services. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services. If such services are not available, the dispute shall be submitted to the American Arbitration Association in accordance with the laws of the State of California. Arbitration shall occur in California. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND SPIRALCUTE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13(a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@spiralcuteintl.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the Wallet address used to connect to the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

14. Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.

15. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event that any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Spiralcute, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality, or enforceability of any of the remaining provisions.

16. Entire Agreement

This Agreement, the Privacy Notice, and the Class Action Waiver, and any other required documents for use of the Services, constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Services.