Terms and Conditions

TERMS AND CONDITIONS

Welcome to the AriaxMode.com website (“the Site). 

AriaxMode.com (“Aria x Mode”, “we,” “us,” or “our”) provides the Site, and the services on the Site, to you, subject to the following terms and conditions (the “Terms of Use”).   Please review the following basic terms that govern your use of our Site.  Please note that use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).

SITE CONTENT

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Aria x Mode, and its subsidiaries and/or affiliates (collectively “Aria x Mode”).   The site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Aria x Mode and all other trademarks appearing on this Site are trademarks of Aria x Mode.  The Contents of our Site and the Site as a whole are intended solely for personal, non-commercial use by the users of our Site.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.  No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

REVISIONS

We may time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.  We may change, move or delete portions of, or may add to, our Site from time to time.

INACCURACY DISCLAIMER

From time to time there may be information on AriaxMode.com that contains typographical errors, inaccuracies, or omissions.  We reserve the right to correct any error, inaccuracies or omission and to change or update information at any time without prior notice.  We apologize for any inconvenience this may cause you.  Aria x Mode tries to maintain accurate information on the Site regarding product availability, size and pricing, however, Aria x Mode does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and Aria x Mode cannot guarantee that your monitor's display of any color will be accurate.

OWNERSHIP OF CONTENT

Our Site includes a combination of content that we, our users and other third parties create (collectively, the "Content"). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us at hello@ariaxmode.com.

Aria x Mode is a registered trademark owned by [Aria x Mode] and may not be used or displayed without the prior written consent of Aria x Mode. Other trademarks, service marks and company names and logos appearing on the Site are the property of Aria x Mode, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

POSTING AND TRANSMITTING CONTENT

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site ("Your Content"). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Aria x Mode in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Aria x Mode or its service providers. We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgement that you bear all risks associated with your use of the Site.

GRANT OF LICENSE  

You certify that you own all intellectual property rights in Your Content. Aria x Mode and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant Aria x Mode a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.

REGISTRATION AND ACCOUNT RESPONSIBILITY 

Registration on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information, including a legitimate email address, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify Aria x Mode of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site's security of which you become aware.

PRIVACY POLICY

All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy. Please see our full Privacy Policy.

SITE-DIRECTED AT UNITED STATES VISITORS

The Site is targeted at and intended for visitors residing in the United States.  However, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

SITE TRANSACTIONS

Aria x Mode reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Aria x Mode). Aria x Mode further reserves the right to change or modify any order placed on the Site. In the event any order is canceled or changed, Aria x Mode will attempt to notify you of such cancellation or change; however, Aria x Mode does not guarantee that you will receive such notice.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

LINKS TO THIRD PARTY SITES

To provide you with access to related sites, our Site may contain links to third-party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website's terms of use and privacy policies.  Aria x Mode is not responsible for the privacy practices or the content of any such third-party websites. Aria x Mode is not affiliated with and does not endorse or sponsor, any such third party website or any product or service of any such third party.

DISCLAIMERS 

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

LIMITATION OF LIABILITY  

ARIA X MODE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF ARIA X MODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WAIVER OF JURY TRIAL    

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Injunctive Relief. You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of Aria x Mode will cause irreparable injury for which monetary damages would not be sufficient, and you consent to the entry of immediate and permanent injunctive relief with respect to such unauthorized use.

INDEMNIFICATION   

By use of this site, you agree to indemnify and hold Aria x Mode (and its officers, directors, members, subsidiaries, joint ventures, vendors and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violations of these terms of use or any activity related to your account (including negligent or wrongful conduct).

TERMINATION   

Aria x Mode may terminate your access, or suspend any user's access to all or part of the Site without notice or recourse, for any conduct that Aria x Mode, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, Aria x Mode or its affiliates.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Aria x Mode respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright, please report the violation. In the case of a copyright violation please provide the following information:

A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU CLAIM HAS BEEN INFRINGED;

A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON THE SITE (INCLUDING THE EXACT URL);

AN ADDRESS, A TELEPHONE NUMBER, AND AN EMAIL ADDRESS WHERE WE CAN CONTACT YOU AND, IF DIFFERENT, AN EMAIL ADDRESS WHERE THE ALLEGED INFRINGING PARTY, IF NOT Aria X Mode, CAN CONTACT YOU;

A STATEMENT THAT YOU HAVE A GOOD-FAITH BELIEF THAT THE USE IS NOT AUTHORIZED BY THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OWNER, BY ITS AGENT, OR BY LAW; AND

A STATEMENT BY YOU UNDER PENALTY OF PERJURY THAT THE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER OR ARE AUTHORIZED TO ACT ON THE OWNER'S BEHALF.

GOVERNING LAW

By visiting or using the Site, you agree that the laws of the State of Washington, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms and Conditions and any dispute of any sort that might arise between you and Aria x Mode. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in King County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.