Terms of Use

Last updated January 2024

AGREEMENT TO TERMS

These Terms of Use establish a legally binding agreement between you, whether you are acting in a personal capacity or on behalf of an organization (“you”), and Aria Mae (“Company,” “we,” “us,” or “our”). This agreement pertains to your use of the _______ website, along with any other media forms, channels, mobile websites, or mobile applications associated with or linked to it (collectively referred to as the “Site”). By accessing the Site, you affirm that you have read, comprehended, and consented to be bound by all the provisions of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and must cease your use immediately.

Additional terms and conditions or documents that may be posted on the Site periodically are explicitly included herein by reference. We retain the sole authority to amend or modify these Terms of Use at any time and for any reason. Any changes will be communicated by updating the “Last updated” date of these Terms of Use, and you waive the right to receive specific notifications for each alteration. It is your responsibility to periodically review these Terms of Use to stay informed about any updates. Your continued use of the Site after the date on which revised Terms of Use are posted will signify your acceptance of and awareness of those changes.

The content provided on the Site is not intended for distribution to or use by any individual or organization in any jurisdiction or country where such distribution or use would violate the law or regulations, or would subject us to any registration requirements within that jurisdiction or country. Consequently, individuals accessing the Site from other locations do so of their own accord and are solely responsible for complying with local laws, to the extent that local laws are applicable.

The Site is designed for users who are at least 18 years of age. Individuals under the age of 18 are not allowed to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless explicitly stated otherwise, the Site is our exclusive property, and all components including source code, databases, features, software, website designs, audio, video, text, images, and graphics on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or under our control, or licensed to us. They are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and regulations against unfair competition in the United States, international copyright laws, and international agreements. The Content and Marks are provided on the Site “AS IS” for your personal information and use only. Unless explicitly permitted in these Terms of Use, no portion of the Site, Content, or Marks may be copied, replicated, aggregated, reissued, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial purpose without our explicit prior written consent.

If you are eligible to use the Site, you are granted a limited license to access and utilize the Site, and to download or print a portion of the Content to which you have obtained proper access, solely for your personal, non-commercial purposes. All rights not expressly granted in relation to the Site, Content, and Marks are reserved by us.

USER REPRESENTATIONS

By utilizing the Site, you affirm and guarantee the following: (1) you possess the legal capacity and agree to adhere to these Terms of Use; (2) you are not a minor in your residing jurisdiction; (3) you will not access the Site through automated or non-human methods, such as bots, scripts, or similar means; (4) you will not employ the Site for any unlawful or unauthorized purposes; and (5) your use of the Site will not contravene any relevant laws or regulations.

If you provide information that is false, inaccurate, not up-to-date, or incomplete, we retain the right to suspend or terminate your account and reject any present or future access to the Site (or any part thereof).

PROHIBITED ACTIVITIES

Your access and use of the Site must be in line with the intended purpose for which we provide it. The Site may not be utilized for any commercial activities unless they are explicitly endorsed or approved by us.

As a user of the Site, you commit not to engage in the following:

USER GENERATED CONTRIBUTIONS

The Site may invite you to participate in discussions, contribute to blogs, engage in message boards, join online forums, and utilize other interactive features, offering you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or share content and materials with us or on the Site. This content may encompass text, writings, video, audio, images, photographs, graphics, comments, suggestions, personal information, or other materials, collectively referred to as “Contributions.” Please be aware that Contributions may be visible to other Site users and accessible via third-party websites. Consequently, any Contributions you submit should not be considered confidential or proprietary. When you create or make Contributions available, you hereby assert and guarantee that:

The creation, distribution, transmission, public display, performance, and the access, downloading, or copying of your Contributions will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
You are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to employ and authorize us, the Site, and other Site users to use your Contributions in the manner intended by the Site and these Terms of Use.
You have obtained written consent, release, and/or permission from each identifiable individual featured in your Contributions to utilize their name or likeness for the inclusion and use of your Contributions as outlined by the Site and these Terms of Use.
Your Contributions are truthful, accurate, and not misleading.
Your Contributions are not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are free from obscenity, lewdness, lasciviousness, vulgarity, violence, harassment, libel, slander, or any other objectionable content, as determined by us.
Your Contributions do not engage in ridicule, mockery, disparagement, intimidation, or abuse of any individual.
Your Contributions do not advocate for the violent overthrow of any government, nor do they incite, encourage, or threaten physical harm against another.
Your Contributions do not breach any applicable law, regulation, or rule.
Your Contributions do not infringe upon the privacy or publicity rights of any third party.
Your Contributions do not include content that seeks personal information from individuals under the age of 18, nor exploit minors in a sexual or violent manner.
Your Contributions do not violate any laws concerning child pornography or the protection of minors’ health and well-being.
Your Contributions do not contain offensive remarks connected to race, national origin, gender, sexual preference, or physical disability.
Your Contributions do not otherwise infringe upon, or link to content that violates, any provision in these Terms of Use or any relevant law or regulation.

Any use of the Site that breaches the above-mentioned rules constitutes a violation of these Terms of Use and may lead to the suspension or termination of your Site usage rights, among other potential consequences.

CONTRIBUTION LICENSE

By sharing your Contributions on any part of the Site, you automatically grant, and you affirm and warrant that you have the legal right to grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide license to host, use, replicate, disclose, sell, republish, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (either in whole or in part), and distribute your Contributions, which may include your image and voice, for any purpose, whether commercial, promotional, or otherwise. This license also includes the ability to create derivative works from your Contributions or incorporate them into other works, as well as granting and authorizing sublicenses of the same. Such use and distribution may take place in various media formats and through multiple media channels.

This license covers any existing or future forms, media, or technologies and may involve the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, personal and commercial images, and more. You waive any moral rights related to your Contributions and confirm that such rights have not been asserted in your Contributions.

It is important to note that we do not claim ownership of your Contributions. You maintain full ownership of your Contributions and any associated intellectual property or proprietary rights. You are solely responsible for the statements or representations made in your Contributions on the Site, and you expressly agree to hold us harmless from any and all responsibility and to refrain from taking legal action against us concerning your Contributions.

We retain the exclusive right, at our sole discretion, to: (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize Contributions for better placement on the Site; and (3) pre-screen or remove Contributions at any time and for any reason, without prior notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

On the Site, we may provide areas for you to leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you should have firsthand experience with the subject of your review; (2) your reviews must not contain offensive language, profanity, or abusive, racist, offensive, or hate speech; (3) your reviews must not include discriminatory references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activities; (5) you must not be affiliated with competitors when posting negative reviews; (6) you should not make legal conclusions; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if others find them objectionable or inaccurate. Reviews do not represent our endorsement, and they do not necessarily reflect our opinions or the views of our affiliates or partners. We disclaim liability for any reviews or for any claims, liabilities, or losses resulting from reviews. By posting a review, you grant us an ongoing, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews.

SUBMISSIONS

You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) that you provide to us are not considered confidential and will become our exclusive property. We will possess full rights, including all intellectual property rights, and have the liberty to utilize and share these Submissions for any lawful purpose, whether commercial or otherwise, without the need for acknowledgment or compensation to you. By making these Submissions, you hereby waive any moral rights associated with them and guarantee that they are either original or that you have the proper authorization to submit them. You accept that no legal action can be taken against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may incorporate links to other websites (“Third-Party Websites”), and you may access articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and various other content or items originating from third parties (“Third-Party Content”). These Third-Party Websites and Third-Party Content have not been investigated, monitored, or verified by us in terms of accuracy, appropriateness, or completeness, and we are not accountable for any Third-Party Websites accessible through the Site or for any Third-Party Content posted on, available through, or installed from the Site. This includes aspects like content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies within Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement of them. Should you decide to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. It is important to review the relevant terms and policies, including privacy and data collection practices, of any website you visit from the Site or in relation to any applications you install or use from the Site. Any purchases made through Third-Party Websites are transactions with other companies and websites, and we disclaim any responsibility in connection with such purchases, which are solely between you and the relevant third party. By using Third-Party Websites, you acknowledge that we do not endorse the products or services they offer and agree to hold us harmless from any harm resulting from your purchases. Furthermore, you agree to hold us harmless from any losses or harm arising from or in connection with Third-Party Content or any interactions with Third-Party Websites.

SITE MANAGEMENT

We retain the right, though not the obligation, to: (1) oversee the Site for compliance with these Terms of Use; (2) take appropriate legal action against any user who, in our sole discretion, violates the law or these Terms of Use, which may include reporting such users to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable files and content that are excessively large or burdensome to our systems; and (5) manage the Site as necessary to safeguard our rights and property and to ensure the proper operation of the Site.

We prioritize data privacy and security. Please review our Privacy Policy at ariamae.com/privacy. By using the Site, you consent to be bound by our Privacy Policy, which is integrated into these Terms of Use. It’s important to note that the Site is hosted in Massachusetts. If you access the Site from any other region of the world with laws or regulations governing personal data collection, use, or disclosure that differ from those in Massachusetts, you are transferring your data to Massachusetts and agree to have your data transferred to and processed in Massachusetts through your continued use of the Site.

TERM AND TERMINATION

These Terms of Use will remain in full force and effect for the duration of your use of the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RETAIN THE RIGHT, IN OUR SOLE DISCRETION, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR WITHOUT A REASON, WITHOUT NOTICE OR LIABILITY. This includes, but is not limited to, breaches of any representation, warranty, or covenant outlined in these Terms of Use, or violations of any applicable laws or regulations. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT PRIOR NOTICE, AT OUR SOLE DISCRETION.

Should we terminate or suspend your account for any reason, you are prohibited from creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we also maintain the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We retain the right to alter, amend, or delete the content of the Site at any time and for any reason, solely at our discretion and without prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue the entire Site or specific portions of it without notice at any time. We will not be held liable to you or any third party for any alterations, price adjustments, suspensions, or discontinuations of the Site.

We cannot guarantee that the Site will be continuously available. Technical issues, maintenance, or other factors may result in interruptions, delays, or errors related to the Site. We hold the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time and for any reason without notice to you. You agree that we bear no liability for any losses, damages, or inconveniences stemming from your inability to access or use the Site during periods of downtime or discontinuation. These Terms of Use do not obligate us to maintain or support the Site or provide any corrections, updates, or releases related to it.

GOVERNING LAW

These Terms are subject to and governed by the laws of California. Aria Mae and you both irrevocably consent to the exclusive jurisdiction of the courts of California to resolve any disputes that may arise in connection with these terms.

DISPUTE RESOLUTION

You consent to the exclusive jurisdiction of the California courts for the resolution of all disputes related to these Terms or the relationship established by this Agreement. Aria Mae also retains the right to initiate proceedings regarding the substance of the matter in the courts of the country where you reside or, if these Terms are entered into as part of your trade or profession, in the state where your principal place of business is located.

CORRECTIONS

Information on the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We maintain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.

3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.

4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.

5. BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES.

6. ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your Contributions.

2. Your use of the Site.

3. Breach of these Terms of Use.

4. Any breach of your representations and warranties outlined in these Terms of Use.

5. Your violation of the rights of a third party, including intellectual property rights.

6. Any harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification when we become aware of it.

USER DATA

We will retain specific data that you transmit to the Site for the purpose of managing the Site’s performance, as well as data related to your use of the Site. While we regularly perform routine data backups, you are solely responsible for all data you transmit or that is associated with any activity you undertake using the Site. You agree that we shall not be held liable for any loss or corruption of such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. By using the Site, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email or on the Site, fulfill any legal requirement for such communication to be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby relinquish any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, delivery, or retention of non-electronic records, or require payments or the granting of credits by means other than electronic methods.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us remains unsatisfactorily resolved, you have the option to contact the Complaint Assistance Unit of the Division of Consumer Services within the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in connection with the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not be considered a waiver of that right or provision. These Terms of Use are enforceable to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision or part of the provision shall be considered separate from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or the use of the Site. You agree that these Terms of Use will not be construed against us simply because we drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signatures by the parties involved to execute these Terms of Use.

To address a complaint regarding the Site or to obtain further information about using the Site, please reach out to us at:

aria @ ariamae.com