Effective Date: June 5, 2020
The website located at https://www.aiure.co/ and all subpages (“Website”), is provided by Aiure, LLC and its subsidiaries (“Aiure,” “we,” “us” or “our”). These Terms Website Use (“Terms” or “Agreement”) govern your use of the Website and your purchase of products that are offered for sale on the Website (“Products”).
We recommend that you review this document in its entirety before accessing, using or buying any Product through the Website. If you do not agree to all of the terms of this Agreement, please do not use, or purchase any Products through, the Website.
1. Website Ownership and Content
The Website contains materials and other items about our products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either us, our licensors, licensees or other third parties (collectively, the “Content”). The Website and the Content are owned, licensed, or controlled by Aiure. All right, title, interest in and to the Content and the Website is the property of Aiure, its licensors, or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Aiure is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. In exchange for your agreement and strict compliance with the Terms and any additional terms, Aiure grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Aiure may immediately and, without any notice to you, suspend or terminate the availability of the Website or its Content without any liability to you. You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited.
2. User Obligations
By accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Aiure through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to terminate your access to the Website for any or no reason.
In addition, if you register for an account to use the Website, you may be required to designate a username and a password, and there may be additional requirements as designated by Aiure in its sole discretion from time to time. You agree to assume all responsibility concerning your use of the Website, including any and all activity occurring through your username and password (and the related account access). You shall immediately notify us through the email address or telephone number provided below if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.
3. User Generated Content
By using the Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information on the Website or other Aiure-sponsored forums, blogs, social networking sites, or other communities, you grant Aiure a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right and license to use, copy, redistribute, re-sell, or transmit any portion of your “User Generated Content.” You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law. You represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of any third party or would cause any harm to any third party. You further agree to indemnify Aiure for any and all losses resulting from the invalidity or inaccuracy of any such representation. In addition, you give Aiure the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf.
4. DMCA Notices
Aiure respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Aiure will respond in a timely manner to claims of copyright infringement committed using the Website if such claims are reported to Aiure’s designated agent provided below. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Aiure’s designated agent. You must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit Aiure to contact you, such as your address, phone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and you are the copyright owner or are authorized to act on behalf of the owner.
This information must be submitted to the following DMCA agent:
Law Office of Stacy J. Grossman PLLC
888 Seventh Avenue, 10th Floor
New York, NY 10106
5. Purchasing Items on our Website
All transactions made through the Website are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, we will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Payment must be received prior to our acceptance of an order, unless otherwise agreed. We expressly condition acceptance of your order on your agreement to these Terms, and to any additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. We reserve the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website, but reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.
As a service to our visitors, our Website may contain hypertext links leading to other websites that are not operated or controlled by us. We are not responsible for the contents of any linked sites and do not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
7. Disclaimer of Warranties
Aiure is providing the Website and Content on an “as is” basis, without any warranty of any kind. Unless prohibited by law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Aiure was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, pandemic, acts of God, telecommunications failure, or destruction of the Website).
AIURE DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Any advice or information, be it oral or written, obtained from Aiure or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in these Terms.
8. Limitation of Liability
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIURE, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY US), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITE ARE AT YOUR OWN RISK AND PERIL. WE ASSUME NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
WE RESERVE THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS WEBSITE, AND ACCEPT NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE WEBSITE.
You agree to defend, indemnify and hold harmless Aiure and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorneys’ fees and costs) arising from and related to: your use of the Website; any material you transmit using the Website; or your violation, breach or alleged violation or breach of these Terms.
Unless otherwise specified, the Website and the Content thereof are displayed solely for the purpose of promoting and selling Aiure’s products and company. These Terms shall be construed in accordance with the laws of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of New York, New York. By using the Website, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Aiure or any of our vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorneys’ fees in relation to any claim you have or may have against Aiure or its vendors or licensors.
The fact that Aiure tolerates a violation by yourself of one of the obligations set out in these Terms, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of these Terms is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of these Terms remain in full force and effect.
The headings of the provisions of these Terms are for convenience alone and shall not alter or modify the terms and conditions in any manner.
11. Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions