Terms of Service
Welcome to MiDesign@Michaels™ or midesign.michaels.com (the "Website"). The Website, service and network (collectively, the "Service") are operated by Michaels Stores, Inc. and its corporate affiliates (collectively, "us", "we" or "Michaels"). By accessing or using our Website at midesign.michaels.com, you (the "User") agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member ("Member") of the Service.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this web page. Any new Terms of Use are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Use to determine if there have been changes.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations.
Eligibility
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.
Term
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your membership at any time, for any reason by following the instructions on the My Account page. Michaels may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Michaels information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Michaels will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
Eligibility and Credit Card Terms
To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order books or any other products hereunder, including all of the following:
Your name as it appears on the card
The credit card type
The date of expiration of your credit card
Billing address
Any activation numbers or codes needed to charge your credit card.
MiDesign@Michaels does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Michaels invoices the credit card for all amounts due and payable. By providing Michaels with your credit card number and associated payment information, you agree that Michaels is authorized to immediately invoice your account for all fees and charges due and payable to Michaels as a result of your purchase of any books or other products. You agree to immediately notify Michaels of any change in the credit card used for payment hereunder or in any associated information. Michaels reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. Michaels may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Michaels has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
Disputes
If you have a question or concern regarding payment, refunds or with a credit card authorization, please contact Customer Service for assistance.
Returns
All sales are subject to MiDesign@Michaels' then-current return policies, as posted on the Returns page.
Password and Account Security
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact Customer Service.
Member Conduct
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another; or
use or attempt to use another's account, service or system without authorization from Michaels, or create a false identity on this Service.
Proprietary Rights in Content on the Service
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Michaels or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Michaels prior written permission under a separate agreement. You may print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Michaels or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Michaels under a separate agreement.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Michaels may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Michaels violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Michaels an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing.
Copyright Policy
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of infringement claims is:
Legal Dept./Copyright Claims
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, Texas 75063
Telephone: (972) 409-1300
Online Sharing to Third Party Websites
MiDesign@Michaels allows you to share your photos and designs through third party websites, blogs and email systems. The Terms of Use apply when sharing anything created using MiDesign@Michaels with a third party site. You must also comply with the third party site's terms of use.
Links to Other Web Sites
The Service contains links to other web sites. Michaels is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Michaels. If you decide to access these third-party web sites, you do so at your own risk.
Disputes Between Members
You are solely responsible for your interactions with other MiDesign@Michaels Members. Michaels reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Michaels cares about the privacy of its Members.
Click here to view our Privacy Policy.
Disclaimers
Michaels is not responsible for any Member Content, including Member Content that violates this Terms of Use or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Michaels is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. MICHAELS DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. Michaels assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Michaels is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service. Michaels disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any photos, contents, information or other material. Michaels disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the MiDesign@Michaels Service. Under no circumstances will Michaels be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the service or transmitted to Members, or any interactions between users of the service, whether online or offline.
THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MICHAELS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MICHAELS CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. MICHAELS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGRADING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MIDESIGN@MICHAELS SERVICE. MICHAELS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MIDESIGN@MICHAELS SERVICE. MICHAELS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MIDESIGN@MICHAELS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MIDESIGN@MICHAELS SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MIDESIGN@MICHAELS SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MICHAELS OR ITS LICENSORS BE LIABLE TO ANY USER DUE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF MICHAELS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MIDESIGN@MICHAELS SERVICE, FROM INABILITY TO USE THE MIDESIGN@MICHAELS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MIDESIGN@MICHAELS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MIDESIGN@MICHAELS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MIDESIGN@MICHAELS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MIDESIGN@MICHAELS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MIDESIGN@MICHAELS SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MIDESIGN@MICHAELS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MIDESIGN@MICHAELS SERVICE. SUCH LIMITATION SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Michaels or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Governing Law and Venue
The Terms of Use and any dispute about or involving the Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Dallas, Texas and waive all claims of lack of personal jurisdiction and forum non conveniens.
Indemnity
You agree to indemnify, defend and hold Michaels, our officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the MiDesign@Michaels Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of this Terms of Use, or any activity related to access to or use of your account (including negligent and wrongful conduct) by you or any other person accessing MiDesign@Michaels using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. The failure of Michaels to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. By using the Service, you consent to us contacting you via email or other electronic means. To opt out receiving electronic communications, sign in to Michaels.com and revise your email preferences. All items purchased through MiDesign@Michaels are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. These Terms of Use constitute the entire agreement between you and Michaels regarding the use of the Service, superseding any prior agreements between you and Michaels relating to your use of the Service.
Questions
Please visit our Help page for more information.
