Terms of Use and Privacy Statement

Disclaimer

Your access to and use of the website and mobile application (collectively, the “Website”) provided by Aria Stone Gallery (the “Company”), including any purchases of products sold via the Website, is exclusively governed by these Terms of Use. The data contained in our Website is for educational and informational purposes only and is not represented to be free of error. The Company attempts to ensure that the data provided or otherwise displayed on our Website is accurate. However, the Website and its contents are provided on an “as is, as available” basis. Use of the Website and its contents is at the user’s sole risk. The Company does not warrant that any functions of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free from viruses or other harmful components. The data in the Website (including these Terms of Use) is not intended to constitute a promise or contract of any kind. You understand and agree that you will be solely responsible for your use and any damage to your property that may result from use of the Website. Any links to information not associated with the Company are provided as a courtesy and do not constitute an endorsement by the Company of any of the linked materials. The Company is not responsible for and makes no warranties regarding the content or policies of the third party links and you access such links at your own risk. By accessing or using our Website, you acknowledge that you have read these Terms of Use and you accept and agree to be bound by these Terms of Use as they may from time to time be modified by the Company. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.

No Warranties

The Website and its contents are provided without any representations, endorsements or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) that cannot be expressly excluded under applicable law.

Description of Products

If you purchase a product offered on this Website that requires payment of a fee, you agree to pay all fees associated with such product by means of a credit card or as otherwise agreed to in writing between you and the Company. You agree to provide the Company with accurate and complete billing information.

Product Orders

The Company has the right to refuse any order placed through the Website. Furthermore, the Company may cancel or refuse to accept any order, whether or not the order has been confirmed, with or without cause, and without liability to you or anyone else. The Company will issue you a refund if your payment has already been processed for an order that is cancelled.

Modifications

The Company may, at any time, without prior notice, make modifications, changes and alterations to the data of our Website, including these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Website following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Intellectual Property Statement

All Content of our Website is the copyrighted material of the Company or the appropriate contributor (except for user created Content), and is protected by the United States and international copyright, trademark and other applicable laws. The Website includes content, appearances and design, as well as the Company and third party trademarks, service marks, tradenames, product names, graphics, logos, slogans, colors, and designs that are the property of their respective owners (e.g. the Sliced Block design). All content on the Website (excluding user created Content), including but not limited to communications, materials, information, data, opinions, profiles, notes, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the property of the Company. Except as set forth in the relevant license agreements, nothing contained in our Website grants any license or other right to any of our or any third party’s intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Website. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright, or any other notice contained in the content), modify, distribute, frame, alter, display, reproduce, transfer, download, broadcast, perform, post, sell, or republish any of the Content on our Website, including any user created Content (unless it is your own user created Content that you legally post on the Website), without first agreeing to the terms and conditions of any license agreement, or obtaining the written permission of the Company.

User Responsibility

You hereby agree that you will not, directly or indirectly, use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Website. You also agree not to use any data mining, robots, scraping, or similar data gathering methods. You may use the Content only for personal use or to place an order from the Company.

Applicable Law

The Website is a passive website created and controlled by the Company in the State of Texas. As such, the laws of the State of Texas will govern these Terms of Use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Website is that any and all claims arising out of use of this Website will be tried in the State of Texas and Texas law will apply. The Texas courts in Dallas County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use. Except where prohibited, you agree to waive defenses of lack of personal jurisdiction and forum non coveniens with respect to the venue and jurisdiction in the state and federal courts of Dallas County, Texas. Any cause of action or claim you may have with respect to the Website (including the purchase of any products therefrom) must be commenced within one (1) year after the claim of cause of action arises. By using the Website, you agree that any notice, disclosure, or other communication that the Company sends you electronically will satisfy any legal communication requirements. The Company’s failure to enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. These Terms of Use shall not be modified by any course of conduct or trade practice.

Limitation of Liability

To the fullest extent permitted by law, in no event will the Company or its affiliates, representatives, contractors, or their respective officers, directors, or employees be liable for any damages, including, without limitation, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with (i) any party’s use of the Website or a linked site, (ii) any failure, error, omission, interruption, defect, delay, computer virus, line system failure or loss of data, (iii) any loss of use related to our Website or a linked site, (iv) any Website operated by any third party, (v) the performance of the products purchased through the Website, (vi) the conduct of other Website users (online or offline), (vii), attendance at a Company event, (viii) any user created Content, or (ix) any Content of this Website or any linked site. This limitation shall apply even if the Company has been advised of the possibility of such damages. Your only remedy against the Company for the use of the Website is to stop using the Website. Even if the Company is found to be liable for any damage or loss connected with your use of the Website, the Company’s maximum liability is $100.00.

You agree to indemnify, defend and hold harmless the Company from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any of these Terms of Use or applicable law, including those regarding intellectual property, from your use of the Website or its Content, or in any way connected to your user created Content.

The Company is not responsible or liable for any loss or damage resulting from any interaction with other users of the Website, persons you meet through the Website, or persons who find you because of information posted on, by, or through the Website. You must take all reasonable precautions in all interactions with other users of the Website and conduct an independent investigation before meeting another person. The Company is not required to get involved in any user dispute.

Privacy

Collection of Information
The Company strives to ensure the privacy and accuracy of your confidential information. In order for you to purchase products that we offer via the Website, we require you to provide us with information that personally identifies you (“Personal Information”). Personal Information may include (i) contact data (such as your name, physical and email addresses, phone numbers, domain names, gender, social media information and profile, location (GPS) information, and activity and performance information), and (ii) financial data (such as your account or credit card number).

Site activity data is collected throughout the Website and includes information on IP addresses, domains, browsers, operating systems, language, access times, cookie information, referring web site URLs, information about your purchases, and pages accessed. This information is used only for standard reporting purposes to improve site content and display.

The Company may combine information you give us with information from other Company sources, transactions, and communications, including any data that is publicly available and data from third parties.

Using Information
The Company uses the collected information to operate, improve, and maintain the Company’s products and services; send you administrative messages; communicate with you about our products and services; administer contests and promotions, and events; and display relevant marketing to you.

Sharing of Information
The Company may transfer your information to service providers to conduct business, which may include credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. The Company may also share your information to schedule an appointment. Upon a proper governmental request, court order, or as otherwise required by law, we may disclose information to enforce our policies or to protect our or others’ rights, property, or safety. We may share information to prevent illegal uses of the Company’s product and services, prevent violations of these Terms of Use, or defend ourselves against third-party claims. If all or part of the Company is sold, your information may be transferred.

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city, and profile picture. Some features may require you to share additional information. You may choose to share additional information. You may also choose to share your activity on other platforms. Please read the policies of those platforms, because the Company’s policies do not apply on those platforms.

Protecting Information
The Company uses a variety of security devices to protect your information; however, the Company cannot guarantee the security or confidentiality of the information you provide to us.

Miscellaneous
You may edit information on your account/profile at any time. Previously posted information may remain publicly visible. If you turn off certain data collection tools on your browser, including by turning on the “Do Not Track” feature, some of the features of the Website may not work properly; however, you can still place an order by calling the phone number at the bottom of these Terms of Use. Due to production schedules, if you elect to unsubscribe from receiving messages from the Company you may receive communications already in production.

User Created Content

The Website may provide users the option to develop an account and/or post Content on the Website. User created Content, if any, is not reviewed by the Company and the Company does not guarantee the Website will be free of user created Content that is inaccurate, deceptive, threatening, defamatory, unlawful, or otherwise objectionable. The Company is merely acting as a conduit for distribution and is not undertaking any obligation or liability relating to any user created Content or activities of users on the Website. The Company reserves the right to edit, remove, or refuse any post or to terminate your registered account for any reason.

Without payment, you grant, and warrant that you have the right to grant, to the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable right to use your user created Content in any manner or media, for any purpose.

Users must follow the following rules when either communicating with other users and/or posting any Content on the Website.

Responsiblity
Do not take any action that may expose the Company or its users to harm or liability. You are responsible for your user created Content.

Respectfulness
Each post must be relevant and constructive. Do not post any Content or any links that, in the company’s sole discretion are illegal, inflammatory, deceptive, inaccurate, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, offensive, defamatory, infringing, or is otherwise objectionable. Without consent, do not post pictures of videos of another person. Do not stalk, intimidate, or harass another Website user or person.

Privacy
Do not post, collect, or solicit Personal Information on the Website or send unsolicited communications.

Non-Commercial Use
The Web Site is to be used strictly for personal purposes. Do not post any commercial content (including any advertising or solicitation materials) on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not send any spam or junk mail.

Truthfulness
The Web Site is to be used strictly for personal purposes. Do not post any commercial content (including any advertising or solicitation materials) on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not send any spam or junk mail.

Intellectual Property
You promise that you own or control all legal rights to the user created Content that you post on the Website and agree not to submit such Content unless you are the owner or have permission. You agree that your posts do not, and will not, infringe or violate other people’s rights. You grant the Company all license rights granted in these Terms of Use.

Legality
Do not violate any laws through your actions on or use of the Website. Do not post any Content that contains viruses or other compute code. Do not evade any Website security technology or software. Do not take any actions designed to interfere, disrupt, damage, disable, overburden, or limit any software, hardware, or the Website.

Intellectual Property Infringement Complaints

If you believe that your work has been infringed by being copied and posted on the Website, please provide us the following information:

  1. Your contact information including your name, address, phone number, email address, and an electronic or physical signature of the copyright owner or the person authorized agent
  2. A description of the copyrighted work that you claim has been infringed
  3. The location on the Website where such material is located
  4. A written statement explaining your good faith belief that the disputed use is not authorized
  5. 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 are authorized to act on behalf of the copyright owner.

These requirements must be met in order to give the Company legally sufficient notice. There may be a penalty for false claims, so please consult your attorney before filing a notice with the Company. Send your complaints to:

Aria Stone Gallery
Consumer Services/Privacy
1617 Hi Line Drive, Suite 310
Dallas, Texas 75207

Guidelines for Children

It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. We do not specifically collect information nor market our products to children under the age of 13.

Passwords and Security

You are solely responsible for maintaining the secrecy of your username/password and any account information in connection with the Website, and for restricting access to your computer. Do not allow anyone else to use your username/password to access the Website. You are fully responsible for all activities that occur under your account or password, and you agree to notify the Company immediately of any unauthorized use of your password or account.

Mobile Devices

The Website may contain services and features that not accessible on certain mobile devices or may not be accessible on certain carriers. Your carrier’s normal rates and fees apply. By using the Company’s mobile services, you agree that the Company may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you switch telephone numbers, you must promptly update your account/user information to ensure that we do not send messages to the wrong person.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Website, delete your profile/account, and/or delete any of your user created Content without notice, for any reason, and without liability to you. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. The Company also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Website. You understand and agree that some of your user created Content, including user created Content created on other platforms (e.g., Facebook, Google, etc.) may continue to appear on the Website or on the other platforms even after your user created Content is removed or your account is terminated. These Terms of Use including the provisions relating to the Disclaimer, Intellectual Property, Limitation on Liability, Applicable Law, No Warranties, Privacy, Modification, and User Created Content shall survive any termination.

Assignment

The Company may assign its rights and duties under these Terms of Use to anyone at any time without notice to you.

Contact Information

All questions and comments may be addressed by contacting the Company’s Website Administrator at [email protected]