Aria Seeks (“we”, “us” and/or “our”) provides a platform for people seeking to purchase products (“Buyers”) to advertise the product they want to purchase and the price they want to pay, and for people looking to sell products (“Sellers”) to browse advertised offers from Buyers and accept the offers or make counter offers. Our services, which include our website(s), products, services and applications, (the "Services”) are accessible at www.ariaseeks.com (the “Site”), and various online tools and services. The term “you” or “your” where appropriate, may refer to individual users (each, a “User”), whether such user is a Buyer or a Seller. If you are accessing the Service on behalf of a company, corporation or other entity, then “you,” “your,” “Company” and “User” refers to that entity.
BY USING, VIEWING, BROWSING, ACCESSING OR SUBMITTING ANY CONTENT OR
MATERIAL ON THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE
REGISTERED USER OF THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU ARE
THIRTEEN (13) YEARS OLD OR OLDER. SHOULD YOU NOT ACCEPT THESE TERMS OR YOU
ARE YOUNGER THAN THIRTEEN (13) YEARS OLD, YOU MUST NEITHER ACCESS NOR
OTHERWISE USE THE SERVICES.
Eligibility. You must be at least 13 years of age to access and use
the Services. Any use of the Services is void where prohibited. By
accessing and using the Services, you represent and warrant that
you have the right, authority and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this
Agreement. If you are accessing the Services on behalf of a
corporation or other entity, you represent and warrant that you are
authorized to do so. Using the Services may be prohibited or
restricted in certain countries, in which case you are not allowed
to access or use the Services if you are in one of those countries.
If you use the Services from outside of the United States, you are
responsible for complying with the laws and regulations of the
territory from which you access or use the Site or Services.
Overview of Services. Aria Seeks is an online mobile and web-based service that connects Buyers looking to purchase products with Sellers looking to sell those products. Buyers post a listing through the Services indicating the product they would like to purchase and the price they want to pay. Sellers search listings placed by Buyers to find a Buyer looking for a product the Seller wants to sell. Sellers can then accept the offer of the Buyer or make a counter-offer that the Buyer can accept, decline, or make a counter-offer. When a sale is made, the Seller pays 10% of the sale cost to Aria Seeks. While the Services allow Buyers and Sellers to interact directly with each other, Aria Seeks does not itself sell products to Buyers. Unless explicitly specified otherwise in this Agreement or on the Services, Aria Seeks’ responsibilities are limited to facilitating the availability of the Services. For information regarding the Services and how they work, please visit the Site.
Account Sign Up. Although you may browse the Services without registering, all Users will need to first register with the Services in order to use it for selling or purchasing.
Users may register for the Services on the Aria Seeks Site. We also reserve the right to disallow anyone from registering for the Services.
Protecting Login Credentials. You will be required to select a username and password (“Login Credentials”) when completing the registration process. The username is the User’s email address and the User will create a password. You are solely and fully responsible for maintaining the confidentiality of your Login Credentials, and you are solely and fully responsible for all activities occurring under your username and password. You may not share your account information, or allow access to your account, by any third party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Login Credentials, and any device that you use to access the Services. To that end, you agree to immediately notify Aria Seeks at the contact information provided herein of any unauthorized use of your username and password or any other breach of security. Aria Seeks shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
Fees and Payments.
Fees. Ten (10) percent of the purchase price of products sold will be withheld from the payment from the Buyer to the Seller and retained by Aria Seeks.
Payments from Buyers. Buyers make payment for purchases to Aria Seeks through the Services. Payments for purchases are processed through Stripe, a third party online payment processing company. Aria Seeks does not hold credit card details or bank account details on its servers.
Payments to Sellers. Upon receiving payment from the Buyer, Aria Seeks retains its Fee and makes payment to the Seller. Payments to sellers are processed through Stripe, a third party online payment processing company. Aria Seeks does not hold credit card details or bank account details on its servers.
Shipping and Handling. Shipping and handling costs are paid by the buyer and passed through; Aria Seeks does not apply any Fee to the portion of payments attributed to shipping and handling.
Tokens. Tokens facilitate a spam-free buying and selling process by encouraging Buyers to set rational prices. When making a purchase with a credit or debit card, Stripe, our third party online payment processor, requires the credit card number, expiration date, CVV, and billing zip code. To “seek” an item, a Buyer connects incoming payment information via Stripe. Aria Seeks passes through payments to Stripe and does not hold payment information on its servers. Stripe then returns a secured Token and the last 4 digits of the payment card, which Aria Seeks stores on its server. To be able to make an offer on a “seek,” or in other words, to try to supply or sell an item, a Seller enters outgoing payment information. When collecting a payout via debit card, Stripe requires the debit card number, expiration date, CVV, and billing zip code; when collecting a payout via bank account, Stripe requires the bank account number and routing number. Aria Seeks passes through payouts to Stripe and does not hold payment and payout information on its servers. When Stripe receives payout information, Stripe returns a secured Token that Aria Seeks saves on its servers. When a buyer and seller transact and agree on an offer, Aria Seeks charges the Buyer the offer amount, plus shipping. Aria Seeks distributes 90% of the offer amount directly to the Seller by providing Stripe API with the same secured Tokens.
Standard Messaging and Data Rates Apply. Your use of the Services is subject to all standard messaging and data rates assessed by your mobile access provider.
Disputes or Chargebacks. If you believe you have been incorrectly charged by Aria Seeks, you must contact us in writing within 30 days of the billing date for the charge in question to be eligible to receive an adjustment or credit. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Aria Seeks may in its discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.
Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid for the Services provided under this Agreement (other than taxes on Aria Seeks’ income).
Reservation of Rights. Aria Seeks reserves the right to modify its fees and charges and to introduce new charges.
License to You. Subject to this Agreement, Aria Seeks policies, and to the extent permitted under all applicable laws and regulations, Aria Seeks grants you a personal, limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the Services solely for your own personal, non-commercial use.
License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Services or any content available through the Services. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Services.
Applicability to Updates. The terms of these Terms will govern any updates provided to you by Aria Seeks that replace and/or supplement the Services, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
Acceptable Use Policy.
Your Responsibilities. By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
Your compliance with this Agreement;
Taking appropriate security measures to prevent the unauthorized disclosure of your Login Credentials;
The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Services;
Complying with applicable local, state, federal and international laws, regulations, and ordinances with respect to your use of the Services, including but not limited to those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data;
All activity that occurs under your account; and
Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Services.
Restrictions on Use. You further agree not to:
Use any content or information available through the Services for any unauthorized or commercial purpose;
use the Services or any portion thereof for any purpose in violation of local, state, national, or international law;
post any prohibited User Content (as defined below)
attempt to solicit or raise money for any purpose;
solicit, or attempt to solicit, users to visit a third-party site;
interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
collect, store, or distribute any information about any other user other than in the course of the permitted use of the Services;
solicit, or attempt to solicit, personal information from other users;
restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users;
gain or attempt to gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services;
impersonate any person, company, or entity;
restrict or inhibit any other user from using or enjoying the Services;
intentionally or unintentionally violate any applicable law or regulation;
Send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
access, tamper with, or use non-public areas of the Services, Aria Seeks’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Aria Seeks’ providers; or
assist any third party in doing any of the foregoing.
User Content. The Services allow you to post or submit content to or through the Services, including, without limitation, written materials, photographs, videos, messages, documents, images, or any other information or audiovisual material (collectively, “User Content”). You are solely responsible for User Content that you post or submit to or through the Service.
Aria Seeks does not monitor or approve content posted or submitted to the Services by any other user; however, we may, in our sole and unfettered discretion, screen, edit, remove, or delete any User Content at any time, for any reason and without notice.
Aria Seeks also does not endorse any User Content or any opinion,
recommendation, or advice expressed therein, nor is Aria Seeks responsible
for the accuracy or reliability of any opinion, advise, or statement made
by anyone on or through the Services other than an authorized Aria Seeks
representative speaking in his or her official capacity. Aria Seeks
expressly disclaims any and all liability in connection with User Content.
License to User Content. By posting or submitting User Content on the Services, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Aria Seeks and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit User Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, for purposes of operating and providing the Services to you, for promotional or commercial purposes, and otherwise in connection with the Services.
You also grant all other users of the Services a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce User Content for non-commercial, personal purposes as permitted through the functionality of the Services. These rights are limited and non-sublicenseable.
You are solely responsible for all User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of User Content which you post on or submit to the Services to: 1) post and submit such content on or to the Services; and 2) permit Aria Seeks and our licensees, affiliates, and successors to use such content in accordance with the foregoing license.
You hereby waive, represent, and warrant that you have obtained the waiver
of any and all moral rights in User Content that you submit or post on or
through the Services including, without limitation, rights of attribution
or integrity, and any similar rights in any jurisdiction worldwide.
Prohibited User Content. As a condition of accessing and using the Services, you agree not to post or submit User Content that:
promotes drinking and driving or irresponsible consumption of alcohol, is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
violates or infringes upon the rights of others (including Aria Seeks) including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
promotes malice or harm of any kind against any group or individual;
solicits user passwords, financial information, or personal identification for unlawful purposes;
contains a virus, spyware, malware, or harmful software; or
constitutes junk mail, unsolicited mass mail, or spam; or
promotes the services of a direct competitor of Aria Seeks.
sell of used (not new) cosmetics is prohibited.
The foregoing is only a partial list of the kind of User Content which is prohibited on the Services. Aria Seeks reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Services and terminating the violator's Services access.
Proprietary Rights. Unless otherwise noted, Aria Seeks owns and
retains all proprietary rights in the Site and the Services, and in
all content, trademarks, trade names, service marks, graphics,
designs, copyrights, trade dress, and other intellectual property
rights related thereto. The Services contains the copyrighted
material, trademarks, and other proprietary information of Aria
Seeks and its licensors. All other trademarks not owned by Aria
Seeks (or its affiliates) that appear on the Services are the
property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Aria Seeks or its
affiliates. You agree to not copy, modify, transmit, create any
derivative works from, make use of, or reproduce in any way any
copyrighted material, trademarks, trade names, service marks, or
other intellectual property or proprietary information accessible
on or through the Services, without first obtaining the prior
written consent of Aria Seeks or, if such property is not owned by
Aria Seeks, the owner of such intellectual property or proprietary
rights. You agree to not remove, obscure or otherwise alter any
proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.
Copyright Policy; Take-Down Requests. In submitting or otherwise uploading any User Content to the Services, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the Services in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services (and such description must be reasonably sufficient to enable Aria Seeks to find the alleged infringing material, such as a url);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Aria Seeks’ Copyright Agent at the following address:
Agent: Stephen Klava
Address: Aria Seeks
612 Mulford St. #201
Evanston, IL 60202
Aria Seeks will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
Interactions with Other Services Users. You understand that, except as specified herein, Aria Seeks does not screen users or perform criminal background checks of other users. Aria Seeks makes no representations or warranties as to user conduct. Aria Seeks reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any User Content which Aria Seeks considers prohibited.
YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER SERVICES USERS. ARIA
SEEKS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR
INTERACTIONS WITH OTHER USERS OF THE SERVICES OR FOR THE CONDUCT OF SUCH
USERS, WHETHER ONLINE OR OFFLINE, AND YOU IRREVOCABLY RELEASE ARIA SEEKS,
ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES,
SUBCONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “ARIA
SEEKS PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER REGISTERED USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM ARIA SEEKS OR ANY ARIA SEEKS PARTIES WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
Links and Third Party Services. The Services contains links to
other internet sites, services (including other mobile apps) and
resources, and you acknowledge and agree that: 1) Aria Seeks shall
not be responsible for the availability or functionality of such
external sites, services or resources; and 2) Aria Seeks does not
endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
services or resources. You agree that Aria Seeks shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the
use of, or reliance upon, any such content, goods or services
available on or through any such Services or resource.
Disclaimer. THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE SITE,
THE APPS AND THE ENTIRETY OF THEIR CONTENTS, IS PROVIDED “AS IS”
AND “AS AVAILABLE” BASIS AND ARIA SEEKS HEREBY DISCLAIMS (EXCEPT
WHERE PROHIBITED BY LAW) ALL EXPRESS AND IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ARIA
SEEKS EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS;
ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICES WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET EXPECTATIONS;
ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED, IN THE ABSENCE OF USER-PROVIDED APPROVAL, TO THIRD PARTIES; OR
ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
ARIA SEEKS SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE, SERVER, PROVIDER, OR SOFTWARE. ARIA SEEKS SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICES AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. ARIA SEEKS SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. ARIA SEEKS SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. ARIA SEEKS SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM ARIA SEEKS OR THE SERVICES SHALL CREATE ANY WARRANTY.
ALL USER CONTENT AND/OR THIRD PARTY CONTENT MADE AVAILABLE ON THE SITE OR SERVICES IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS/OWNERS. ARIA SEEKS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL ARIA SEEKS OR THE ARIA SEEKS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limits on Liability. ARIA SEEKS AND THE ARIA SEEKS PARTIES SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE WITH RESPECT TO THE
SERVICES, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE SERVICES’
AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR
THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) YOUR COMMUNICATIONS AND
INTERACTIONS WITH ANY USERS, THIRD PARTIES, OR ANY OTHER
INDIVIDUALS IDENTIFIED TO YOU THROUGH YOUR USE OF THE SERVICES; 4)
ANY SERVICES OR USER CONTENT; 5) THESE TERMS; 6) ANY GOODS OR
SERVICES ACQUIRED AS A RESULT OF ANY .INFORMATION OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR 7) ANY USE OF
GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR
WEBPAGE LINKED THROUGH THE SERVICES, EVEN IF THE ARIA SEEKS PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ARIA SEEKS PARTIES’ AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF EITHER ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO ARIA SEEKS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, WHICHEVER IS GREATER.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, ARIA SEEKS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify and hold harmless the Aria
Seeks Parties from and against any loss, liability, or expense,
including reasonable attorneys’ fees and expenses and court costs,
arising out of or related to: 1) any third party claim against any
Aria Seeks Party alleging that User Content posted or submitted to
the Services infringes any of the third party’s rights; 2) your
breach of any provision of this Agreement and/or any representation
or warranty identified herein; 3) your violation of any law or
regulation; or 4) any cost or expense Aria Seeks incurs in
enforcing this Section. Aria Seeks reserves the right to control
the defense and settlement of any action or proceeding against any
Aria Seeks Party that you are bound to defend pursuant to the
Termination. Aria Seeks, in its sole and unfettered discretion, may
terminate your access to the Services for any reason including,
without limitation, your breach of this Agreement. You agree that
any termination of your access to the Services may be effected
without prior notice, and you agree that: 1) Aria Seeks may
immediately deactivate or delete any of your accounts and all
related information and files in such accounts; and 2) bar any
subsequent access to the Services or User Content. You agree that
Aria Seeks shall not be liable to you for any costs or damages of
any kind for or resulting from any termination of your Services
access. Aria Seeks reserves the right to block users from certain
IP addresses from accessing the Service. All provisions of this
Terms that by their nature should survive termination of your right
to use the Services shall survive (including, without limitation,
all limits on liability, releases, disclaimers of warranties,
indemnification obligations, and intellectual property protections
Discontinuance of Service. Aria Seeks reserves the right to modify
or discontinue, temporarily or permanently, any portion of the
Services without prior notice. You agree that Aria Seeks shall not
be liable to you or to any third party for any modification or
discontinuance of any portion of the Service.
Changes to Terms. Aria Seeks reserves the right to alter the Agreement at its sole discretion and without prior notice. However, if the revision is material, we will try to provide you with at least 5 day’s notice of the new Terms by posting them to our Service, by email, or any other means we deem appropriate. Use of the Services after posting of amended terms will be governed by those amended terms, and continued use of the Services now or following modifications to these Terms confirms that you have read, accepted, and agree to be bound by such modifications. The then-current Terms will govern any disputes arising before the effective date of the amended terms.
Choice of Law; Exclusive Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. You agree that the proper and exclusive forum for any claim arising under these Terms will be the state and federal courts located in Chicago, Illinois.
International Users. By using the Services, you agree and acknowledge that the Services are hosted in the United States. If you access or attempt to access the Services from outside of the United States (including jurisdictions that may have different laws governing personal data collection, use and disclosure), you are transferring your personal information to the United States and you consent to such transfer and agree to be bound by the choice of law and exclusive jurisdiction provisions set forth above.
Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
Entire Agreement. This Agreement, together with any subscription agreement you may enter into with Aria Seeks and which is incorporated herein by reference, is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
Assignment. You may not assign this Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Aria Seeks. Aria Seeks may assign this Terms, including all its rights hereunder, without restriction.
Contact. Any questions regarding these Terms may be directed to us by email at firstname.lastname@example.org or by physical mail at 612 Mulford St. #201, Evanston, IL 60202.
Terms © 2018 Aria Seeks
Our Commitment To You
Automatically Collected Information
When you visit the Site or Services, we automatically collect certain information about your device, including information about your web browser, mobile device, IP address, unique device identifiers, software and hardware attributes (including the type of operating system you use), approximate geographic location, time zone, and some of the cookies that are installed on your device (collectively, “Device Information”).
Additionally, as you browse the Services, we collect information about how you use the Services, such as the date and time you logged in, the individual web pages or products that you view, what websites or search terms referred you to the Services, and information about how you interact with the Services and other users (including, for example, product searches, purchases, and sales) (collectively, “Usage Information”).
Information You Provide
Additionally, when you visit the Services, we may either require or collect “Personal Information.” Personal Information is information that could personally identify you, for example, your name, address, phone number, e-mail address, and requested payment information. Personal Information does not include any data where the identity has been removed (anonymous data). For purposes of this policy, your Device Information and Usage Information is included within the discussion of “Personal Information” (unless we clearly state otherwise herein).
In the following instances, we collect and require you to actively submit Personal Information:
When you set up your account with Aria Seeks (whether you are an individual or an individual acting on behalf of a company), you need to provide your name and email address.
When you set up and use your account with Aria Seeks, you also provide us with specific profile data, such as your username and password.
When you contact us with a question or concern, you may be required to provide certain personal information like your name, email, mailing address, and/or phone number.
When you make a purchase or sale, and depending on the requirements of our third party payment processors, you will be required to provide your name, email address, and phone number as well as your billing address and payment information (based on the payment method you choose) (collectively, “Payment Information”). When making a purchase with a credit or debit card, Stripe, our third party online payment processor, requires the credit card number, expiration date, CVV, and billing zip code. When collecting a payout via debit card, Stripe requires the debit card number, expiration date, CVV, and billing zip code; when collecting a payout via bank account, Stripe requires the bank account number and routing number. Aria Seeks passes through payments and payouts to Stripe and does not hold payment and payout information on its servers.
When you sign up to receive marketing communications, such as our newsletter or updates about the Services, you must provide us with your email address.
When you respond to a survey or enter a promotion provided through the Services, you may be required to provide your name, email address, mailing address, and/or phone number.
When you enter information into the Aria Seeks app such as: descriptions of products, pictures, comments, operational information, history, and personal preferences.
Information We Receive or Collect from Other Third Parties or Public Sources
Cookies and Similar Technologies
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. A cookie may enable the website owner to track how a visitor navigates through its website and the areas in which they show interest. This is similar to a traffic report: it tracks trends and behaviors, but does not identify individuals. Information gathered may include date and time of visits, pages viewed, time spent at the site, and the website visited just before and just after a visit to our Services. Cookies can be set to expire: (1) on a specified date; (2) after a specific period of time; (3) when a transaction has been completed; or (4) when a user turns off his/her Internet browser. A cookie that is erased from memory when a visitor’s Internet browser closes is called a “session” cookie. Cookies that expire based on a time set by the Web server are called “persistent” cookies.
Our Services may use both “session cookies” and “permanent cookies.” Most people do not know that cookies are being placed on their computers when they visit our Service or most websites because browsers are typically set to accept cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org .
“Log files” track actions occurring on the Services, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Services.
We also collect or receive various Usage Information and Device Information from third party analytics and online support providers, such as Olark.
We use your Device Information and Usage Information to monitor the usage of our Service, assess its performance, ensure technological compatibility with your computer or mobile device, and understand the relative importance of the information provided on our Services. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other aggregated data. We do this to improve and optimize our Services for you. We also use your Device Information and Usage Information to help us screen for potential risk and fraud (in particular, your IP address).
We use the Personal Information you provide us in order to perform basic business functions. This may include communicating with you, processing any requests by you, identifying and fixing any problems with the Services, and otherwise making the Services available to you. Our use of this Personal Information is most commonly based on our legitimate business purposes or other lawful bases set forth below. When we make a decision to use your information for our legitimate interests, we make sure to consider and balance any potential impact on you (both positive and negative) to ensure that our rights or interests do not override your fundamental rights and interests.
We also use your Personal Information in order to perform the contractual relationship with our subscribers (or prospective subscribers), and where we have your specific consent, typically for marketing purposes only. See the “Communications” section below for more information.
As referenced above, we may use your Personal Information for legitimate business purposes or other lawful bases, including to:
Operate, evaluate and improve our business, our Services, and other products and services we offer
Aggregate certain information that does not include your Personal Information and disclose it for analysis, demographic profiling and/or targeted advertising
Provide you with technical service and support, including updates
Tailor the content we display in our communications with you and/or improve your user experience
Administer surveys and other market research
Provide you with information regarding Aria Seeks’ benefits and services
Store, archive, retrieve, and make copies of your user generated content
Comply with legal requirements, judicial process, and our company policies (including to verify users’ identity in connection with access or correction requests)
Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our Services), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
How do we share the information we collect?
We do not rent or sell your Personal Information without your permission. However, we may share your Personal Information with others for the purposes described below:
We may share your Personal Information whenever you specifically consent to us doing so.
We may share or disclose your Personal Information where necessary to provide you with the Services and/or associated services, including with trusted third-parties who assist in operating the Services, providing any associated Aria Seeks services such as payment processing, shipping items to buyers, and otherwise conducting our business.
We may share your Personal Information, where necessary, with Aria Seeks’ parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners.
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We may share your Personal Information when doing so is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
We may disclose Personal Information you provide us in connection with the sale, assignment, or other transfer of the business or a portion of the business of the Site, including a corporate merger, consolidation, restructuring, sale of assets, or other corporate change of our company.
Without limiting the foregoing, Aria Seeks currently shares your Personal Information with the following third-parties:
Stripe for payment and payout processing;
Shippo for shipping;
Olark for online support and analytics.
We may aggregate and/or de-identify any Personal Information, Usage Information or Device Information that you provide or we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis, marketing, and business planning – without restriction. However, if we combine or connect any aggregated data with your personal data so that it can directly or indirectly identify you, we treat this combined data as Personal Information which will be used in accordance with this privacy notice.
When you provide us consent to do so (either upon contacting us through our Services or through our normal marketing communications), we will communicate with you through general marketing communications via email and push notifications directly to your mobile device. You must affirmatively opt-in to receive these communications before you receive them.
We will get your express opt-in consent before we share your Personal Information with any company outside the Aria Seeks group of companies (or other third parties listed herein) for marketing purposes.
Regardless of where you live, you may also opt-out of these marketing communications at any time by following the instructions provided in any marketing communication you receive. Please note that even if you opt-out of receiving marketing communications, you may still receive-business related communications, such as transactional emails.
Access to and Managing Your Information; Opt-Out
We believe it is important for you to be able to: (1) find out what Personal Information you have provided to us through our Services; (2) update your information; or (3) “opt out” of receiving future marketing communications. To inquire about your Personal Information, update your Personal Information, or “opt out” of receiving future marketing communications or any other collection or use practice based on your consent, please send an email with your request and current contact information to email@example.com.
We generally respond to email requests within 24 hours of receiving a request, but it may take up to 30 days depending on the volume of requests we receive.
Access your Personal Information;
Correct, update, or delete your Personal Information;
Withdraw or limit your consent (to Personal Information that was provided based on consent);
Data portability of certain Personal Information;
Object to us processing your Personal Information for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes;
Not be subject to automated decision-making, which includes profiling, where such decision-making could have a legal, or similarly significant, effect on you from being made solely based on automated processes.
If you would like to exercise these rights (which you may do at any time) or inquire as to any additional rights you may have under applicable law, please contact us through the contact information provided below. We will respond to any request as promptly as possible.
Personal Information Transfer and Storage
When you provide information to us, you understand and agree that Aria Seeks will retain your Personal Information as long as is necessary and relevant for our operations, and in accordance with applicable laws.
We strive to maintain internal controls and procedures to ensure that the information you share with us is handled in a safe, secure and responsible manner. We have security measures to help protect against loss, unauthorized access and alteration of the information in our control. We will only disclose such information to employees and authorized service providers who require such information for the purposes described in this Policy. Our databases are protected by physical, technical, and procedural measures that restrict access to authorized persons in accordance with this Policy. Although no data transmission over the Internet can be guaranteed 100% secure, and we cannot ensure against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences. Nevertheless, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
Third-Party Service Providers and Third-Party Links
When you click on links on our Services that take you to third-party websites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party websites. We encourage you to read the posted privacy policies of any and every website you visit, whether you are linking from our Services or browsing on your own.
California Privacy Rights
Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that Aria Seeks has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Aria Seeks at the address below.
Attn: Stephen Klava
612 Mulford St. #201
Evanston, IL 60202