Effective Date: 07/09/2023
Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will govern.
Important notice: please note the arbitration requirement and class action waiver set forth below, which requires you to arbitrate claims you may have against us on an individual basis. arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
Account creation and passwords
To access certain portions of the Sites, you may need to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. To the maximum extent allowed by applicable law, Igdalyah is not responsible for any loss or activity that results from the unauthorized use of your account.
Copyright and trademark ownership
The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Igdalyah Content”), are the exclusive property of Igdalyah, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
We are providing you with access to and use of the Sites pursuant to a limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to these Terms. Any and all goodwill generated from your use of the Igdalyah Content shall inure to the benefit of Igdalyah. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. Igdalyah reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Igdalyah Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Igdalyah or any applicable third party licensors or suppliers. Any unauthorized use of the Igdalyah Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
By using the Sites, you agree to not use the Sites in any manner that:
Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Causes Igdalyah to lose (in whole or in part) the services of our Internet service providers or other suppliers;
Links to materials or other content, directly or indirectly, to which you do not have a right to link;
Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Igdalyah in our sole discretion;
Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Sites, or the Privacy Statement; or
Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
Igdalyah shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for any reason, including to determine compliance with these Terms.
Links to external sites
The Sites may contain links to other websites and resources provided by third parties. We are not responsible for the availability and contents of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Your access or use of these external websites is done entirely at your own risk.
Without the prior written permission of Igdalyah, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Igdalyah or any of its licensors into another website or other service. We reserve the right to withdraw our permission without notice.
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Statement, which is incorporated into these Terms by reference.
Product description, product availability and pricing information
Igdalyah strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. Certain products displayed on the Sites may have limited quantities and may not always be available. The prices displayed on the Sites are quoted in U.S. Dollars, and are subject to change without notice.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order) and at our sole discretion, and your sole remedy in the event of such error is to cancel your order.
Similarly, we strive to display the colors of our products that appear on the Sites as accurately as possible, but we cannot guarantee that your computer monitor’s display of any of these colors will always be accurate. Minor differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or other technical reasons. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Please note, at this time, all items are final sale with no exceptions. Igdalyah does not offer exchanges, returns, or refunds of any kind on any items offered through our Sites. Instead, we ask you to make sure you are purchasing the items you are going to keep and use.
Igdalyah only sells products to adults. If you are under 18, you may use the Sites only with the approval and involvement of a parent or guardian. Igdalyah reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, as applicable, so that we can complete your transactions and contact you as needed.
From time to time, we may have to cancel or refuse an order placed by you. Igdalyah reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made.
Purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice. Any offer for any product or service made on this Sites is void where prohibited.
Disclaimer Of Warranties
To the fullest extent permitted under law and save for the rights granted to consumers under applicable laws, the sites and all information, content, materials, and services included on or otherwise made available to you through the sites are provided "as is." Igdalyah makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the sites or the content or communications on the sites, or any website or other content or service that may be accessible directly or indirectly through the sites, to the extent permitted by law. Igdalyah disclaims implied warranties that the sites and all software, content and services, information distributed through the sites are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. no oral or written information or advice given by Igdalyah or a representative shall create a warranty.
We do not guarantee that the sites will meet your requirements, or that they are error-free, reliable, without interruption or available at all times. we do not guarantee that the services that may be obtained from the use of the sites, including any support services, will be effective, reliable, and accurate or meet your requirements. We do not guarantee that you will be able to access or use the sites (either directly or through third-party networks) at all times or locations of your choosing.
Some jurisdictions do not permit the exclusion of certain warranties, so the above exclusions may not apply to you.
Limitation of liability
To the fullest extent permitted under law, Igdalyah will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, or consequential (including any loss of data, revenue or profit or damages arising from personal injury/wrongful death) arising with respect to your use of the sites, even if we have been advised of the possibility of such damages. this limitation applies to damages arising from (i) use of or inability to use the sites, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third party content made available to you through the sites, or (v) any other matter relating to the sites.
In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Igdalyah, its partners, advertisers, or any other third party mentioned on the Sites. Accordingly, Igdalyah assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
You agree to defend (at Igdalyah’s option), indemnify, and hold Igdalyah harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or relating in any way to your access or use of the Sites and/or any conduct in connection with the Sites, your misuse of the Sites or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
Dispute resolution and agreement to arbitrate
By using the Sites, you and Igdalyah agree that, if there is any controversy, claim, action, or dispute arising out of or relating in any way to the Terms, which includes any question regarding your use of the Sites or the existence, validity, interpretation, breach, or enforcement of these Terms or any part of them, except for disputes that qualify for small claims court or those related to Igdalyah’s intellectual property (“Dispute”), both parties shall first attempt in good faith to settle such Dispute promptly by negotiation in accordance with the following procedure:
Any party may provide written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Us, at [Igdaliah Pickering, 301 W Franklin St. Baltimore MD, 21201 ], or
You, at the address we have on file for you.
Both you and Igdalyah agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim in any other dispute resolution proceedings against the other party.
If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
Choice of law and choice of forum
These Terms have been made in and shall be construed in accordance with the laws of New York, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Modification and termination
We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. If a material modification is made to the Terms, we will post a prominent notice on the Sites and/or send you a notification. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms, as modified.
We shall have the right to immediately terminate any rights or benefits granted under these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. More generally, we may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion.
Notice to california residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please contact us as directed in the “Contact Us” section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Igdalyah does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Igdalyah has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Igdalyah’s rights, and all such rights or remedies shall still be available to Igdalyah.
Severability. If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, under any applicable law, such provision is to be read down, limited or severed for the purposes of that law, if possible, to the minimum extent necessary so as to be valid or enforceable. If such provision continues to be held invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites and supersedes all prior agreements or communications.
Assignment. You may not assign, transfer, or sub-license any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sub-license any or all of our rights or obligations under these Terms without restriction.
No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Igdalyah.
Headings. The headings in these Terms are for convenience only and are not intended to affect or influence the interpretation of the Terms.
If you have any questions, comments or concerns about these Terms, please contact us at: