We're ultimate players (real people), just give us a call
Terms and conditions can be dry and need to be clear for legal reasons, but if you are having trouble with something, just remember that we want to help you sort it out! Turns out we're on the same team, so give us a ring or send us an email and we can help you with any questions you might have.
A few key points:
1. If something's not right, and it'd definitely our fault, we'll definitely fix it. Just let us know. We are cranking through a lot of orders and serving a lot of teams and social partners, and we try our best for perfection, but if we fall short, let us know!
2. If you don't like your online store disc, you can return it unused for 100% refund. Shipping is handled on a case by case basis, as we serve customers all over the world, so reach out to us and we'll try to find the best solution for your return.
3. Once we ship your discs, they are out of our hands and in the care of the shipping companies and/or international customs. We dont have any control at that point. If something happens to your package, there isn't much we can do, but we will work with you to the best of our ability to solve any problems that come up.
4. Many of our customers are ordering from outside the USA. Other than in specific pre-agreed cases, ARIA does not pay for the customs and duties charges that your country might charge for importing shipments. When you are ordering from outside the USA, check with your local regulations to see if there might be any extra charges.
THE FINE PRINT
Please read these terms and conditions of use (“Terms of Service”) before using the Official Website of Aria Ultimate LLC and the services available on that site (collectively, the “Site”). Your access to and use of the Site is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws. By accessing and using the Site, you signify your consent to these Terms of Service. These Terms of Service may be amended or modified at the sole discretion of Aria Ultimate, or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting and are hereby incorporated by reference into these Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service, please do not use the Site.
Description of Services
The Site offers streaming video content, related editorial and interactive material of and related to Aria Ultimate, and an online store, and a custom order platform. Content may include, but is not limited to: company and affiliate information, video footage, photo galleries, online store products, and news and information. Please be aware that some material may contain explicit content.
Ownership and Use Restrictions
The Site is operated by Aria Ultimate. Aria Ultimate and each of their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”
By purchasing any Services via the Site, you acknowledge and agree that your credit card is being charged by the payment processor of Authorize.Net, or another designated credit card processing service, Operators of the Site.
The entirety of the materials and content contained within the Site (including, without limitation, video, audio, photos, text, images, names, likenesses, logos and all copyrights and intellectual property related to the Site, Aria Ultimate, and Aria Ultimate’s partners, sponsors, licensees and other affiliates) (the “Content”) are owned by the Aria Ultimate. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of the Operators. The Site is provided for your private and non-commercial use. You may download material displayed on the Site for noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. Modification of any materials displayed on the Site in any manner is a violation of the Operators’ rights and/or copyright and other proprietary rights.
The word marks and logos of Aria Ultimate are the exclusive property of Aria Ultimate or the applicable entity. All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.
The Site is available to individuals aged thirteen (13) years or older. If you are thirteen (13) years or older, but under the age of eighteen (18) years, you should review these Terms of Service with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Service.
Registration for Use of Certain Features
In order to access certain features of the Site, you may be required to register with Aria Ultimate operators by providing certain personally identifiable information about yourself, including your name, address, e-mail address and mobile telephone number. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Operators have reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, the Operators have the right to suspend or terminate your password at any time and refuse you any and all current or future use of the Site. For information concerning how the Operators collect and use such information please see our Privacy Policy at: www.ariaultimate.com/privacy policy.
Message Features
The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, social media, and forums to communicate with other users about Aria Ultimate (each a “Message Feature” and, collectively, the “Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name, telephone number (e.g., home, work mobile and/or fax) and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site. You must use the Message Features in a responsible manner. By entering the Site, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; and/or (ix) contains material irrelevant to the subject matter of the Message Feature.
The Operators shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Service; and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Message is offensive or inappropriate shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Site at any time. Please be advised that the Operators will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site. Although the Operators may from time to time monitor or review Messages submitted on the Site, the Operators are under no obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operators.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 5 below.
Submissions
By transmitting any Message (see Section 4 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a “Submission” and, collectively, “Submissions”), including both solicited and unsolicited Submissions, you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Site will be owned exclusively by Aria Ultimate and may be used by Aria Ultimate for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of the Operators. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
Terms of Sale
Sales from The Online Store (“Store”), Custom Order Platform feature (“Custom Order Feature”), and other services (the “Services”) are subject to the following terms and conditions:
Areas of the Website may allow you to order products and other services purchased through the Store are collectively referred to as the “Merchandise”. The Custom Order Feature may allow you to place orders for Aria Ultimate customized products.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. ARIA ULTIMATE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, THE TICKETING FEATURE, OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR TICKETS. Aria Ultimate reserves the right to modify the price of any Merchandise or Services. Aria Ultimate is not responsible for any error in copy or images relating to Merchandise, Services or other products.
GiFt Certificates
Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates (each, a “Gift Certificate”). Gift Certificates are redeemable solely for purchases in the Store. All Gift Certificates are denominated in U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. Aria Ultimate is not responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is lost, stolen, destroyed, altered or used without your permission will not be replaced or refunded. Aria Ultimate will not honor Gift Certificates obtained by fraud or theft. Gift Certificates are not redeemable for cash. If the value of your Gift Certificate is greater than the amount of your total purchase, you will be able to use the remaining Gift Certificate balance for future purchases, subject to this Agreement. If the value of your Gift Certificate is less than the amount of your total Store purchase, you must use a credit card in order to complete your purchase.
Purchasing; Price; Payment
In order to purchase Merchandise, the Services or other products on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website’s Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise and Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. Aria Ultimate may bill your credit card at the time the Services, Merchandise or other products are ordered or shipped. Any special order or customized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Aria Ultimate may in its sole discretion decline service to or terminate any account. The Operators are not responsible, and must not be held liable, for any breaches in transaction security by any third party.
The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
Billing, Automatic Renewal, and Refund Policies for Certain Services
Refund Policies for Certain Subscription Services:
- The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
- By accepting this Agreement, you agree that Aria Ultimate may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with Aria Ultimate, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify Aria Ultimate of any change in your e-mail address by logging into the Site and using the online account management tool.
- Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by Aria Ultimate (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber.
Votes; Contests; Sweepstakes
The Site may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms and guidelines set forth on the Site applicable to that event as well as in these Terms of Service.
Links
The following restrictions (“Linkage Restrictions”) apply to all links to the Site from any on-line, cable, wireless or other Site, service or browser:
- On-line, cable, wireless or other Sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or technologies), brand (e.g., Adidas or Coke) or service (e.g., product vendors) (each, a “Commercial Site” and, collectively, “Commercial Sites”) may not link to the Site without the written permission of the Operators, even if the page/area where the link originates does not promote a product, brand or service.
- Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to the Site without the express written permission of the Operators if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “The Official Website of Aria Ultimate”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
- The Site logo, or any other logo of Aria Ultimate (a “logo” link), may not be used as or to link to the Site without the express written permission of the Operators.
- No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
- All links to the Site from a Permissible Site must be to the Site’s home page — links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) are not permitted.
The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
Dealings with Advertisers
Your correspondence or business dealings with advertisers, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such advertiser. You agree that the Operators shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
While the Operators use reasonable efforts to include accurate and up-to-date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband Internet connection is required to view certain video content.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.
Notice
The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record, phone call or text message to a user’s mobile telephone if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
Electronic mail to info@ariaultimate.com
Letter delivered by first class postage prepaid mail or courier to the following address:
Aria Ultimate
2610 Western Ave
Seattle, WA 98121
Notice and Procedure for Making Claims of Copyright Infringement
If the owner, agent, or licensee of any copyright believes that any material contained on the Site or within the Content may infringe on its copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to enable the Operators to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or licensee, and is not otherwise permissible by law; and (e) a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by the Operators as a result.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), the Operators have designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
By mail:
Aria Ultimate; 2610 Western Ave; Seattle, WA 98121
Indemnification
You hereby agree to indemnify and hold Aria Ultimate and the other Aria Ultimate Entities and each of their respective members, operators, directors, officers, employees, shareholders, agents, co-branders, licensors, affiliates and representatives harmless from all demands, claims, liabilities, damages and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service; (iii) your connection to the Site; and (iv) your violation of any rights of another. The “Aria Ultimate Entities” shall mean Aria Ultimate, Aria Ultimate.com, the Office of the Commissioner of Pro Beach Volleyball, its Bureaus, Committees, Subcommittees and Councils, Tickets.com, Inc., SportsOnEarth, LLC, the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Aria Ultimate, and the directors, officers and employees of the above entities.
Termination of Service
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators’ respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and destroy all materials obtained from it.
Software
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
Choice of Law
These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.
Miscellaneous
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Operators’ failure to exercise or enforce any rights or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as may be otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Anti-Hacking Provision
You expressly agree not to use or attempt to use any automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site or any other content without the prior express written consent of the Operators; obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site; in any way bypass or circumvent any measure employed to limit or prevent access to the Site or its content; violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any Site server; interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site; take or attempt any action that, in the sole discretion of the Operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Operators’ infrastructure.
Acceptance of Terms of Use
By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. The Operators may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.
PRIVACY POLICY
General
You can visit and enjoy the Website without disclosing any personal information about yourself. However, we offer some special services, and for these services to work properly we will need you to share with us certain personal information about yourself. The personal information we collect may include, but is not limited to, first and last name, street address, e-mail address, telephone number (e.g., home, work, mobile and/or fax), and date of birth. We may also collect other personal information that will be identified on the applicable page(s) of the Website. If you submit any personal information to us, or to our third party service providers acting on our behalf, you can be assured that we will not sell, lease, or share your personal information with or to anyone else, except as follows: (1) to our third party service providers, and only so that they may help us provide the services you’ve requested and in certain circumstances to provide you with ticket related offers; (2) upon notice posted on an applicable location of our Website where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party, where such third party is clearly identified; and (3) on occasion, we may offer a special promotion (such as a sweepstakes, contest or a free subscription to goods and services) on the Website in conjunction with a third party service provider, sponsor, or promotional partner, and share your information with that third party service provider, sponsor, or promotional partner so that it can send you other special promotions it offers, but only if you give us permission to do so.
Special Offers and Promotions. With your permission, we may also send you e-mails and text messages with special offers and promotions. If you don’t want to receive these, you may change your preferences.
Cookies. To help us serve you better, we collect information that does not identify you personally, but rather identifies your computer or browser. This is done by using little files called “cookies” and by tracking IP addresses. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a Website’s computers and stored on your computer’s hard drive. Cookies operate in the background, and you can turn them off if you wish, but doing so may impair your ability to use some of the features on the Website. We may use cookies to make the Website work better by, for example, keeping track of your login name, password and, if you want to buy things while on the Website, the “shopping cart.” We may also allow other companies that are presenting advertisements or providing services on our pages to set and access cookies on your computer. Those companies’ use of cookies will be covered by their own privacy policies, not ours. Specifically, we will use a third-party advertising company to serve ads when you visit certain pages of the Website. This company may use aggregated information (not including your name, address, e-mail address or telephone number) about your visits to the Website in order to provide advertisements about goods and services of interest to you. At such point that we begin to offer such advertisements, we will include a link in this Privacy Policy, which will navigate to more information about the information collection practices of this third-party advertising company. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to accept or reject cookies. If you set your browser not to accept cookies, you may not be able to take advantage of certain services on the Website. We may also use IP addresses to analyze trends, help us administer the Website, track the movement of visitors, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Aggregated Demographic Information. We may share aggregated demographic information with third parties, but this information is not linked to any personal information that can identify you or another individual person. Therefore, no personal information is disclosed in this manner.
Business Transfers. As time passes, the Website may be sold along with other assets, or other transactions may occur in which customer information is one of the business assets transferred. In such a case, the customer information which we have gathered may be one of the business assets we transfer. Disclosure for Legal Purposes. The law requires that we may be required to share your personal information and non- personal information (see “Cookies” section above for examples of non-personal information) pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use and disclose your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Website’s Terms of Service, or as otherwise required by law.
Our Security Practices
Your preferences are password protected for your privacy and security. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
How You Can Review Your Personal Information
If you want to review your personal information, you can revise your preferences. Your preferences include your shipping, payment and account information, as well as whether you want to receive communications from us. If you want to close your account with us and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you should contact our Privacy Administrator.
Choice
Our registration and order forms contain a box for you to indicate whether or not you consent to receive special offers and promotions from us. Unless you give us your consent to use your personal information for these purposes, we and our partners will only use it to complete the transaction or provide the service or product you have requested. If you indicate that you consent to receive communications or solicitations, but you later change your mind, you can revise your preferences.
Links
The Website may contain links to other sites produced by Screenpush and websites operated by unrelated third parties. Please note that we are not responsible for the privacy practices of third party websites. We encourage you to be aware of this when your leave the Website and to read the privacy policies of every website that collects personally identifiable information from you. The Privacy Policy applies only to this Website.
Special Rules For Children
Because of federal law, we cannot collect any personal information from a child under the age of thirteen without the consent of that child’s parent. The statements in this Privacy Policy generally about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen, with the added protection of the special rules that follow.
Parental Consent
Some services on the Website require the submission of a credit card number along with personal information, and are therefore not available to children. Other services on the Website may not be available to children under the age of thirteen. For services that are available to children under the age of thirteen, if a child under the age of thirteen attempts to complete any registration form on the Website a screen will appear that says “Get Your Mom or Dad.” We will then instruct the child to have a parent complete the registration form, either in person or by e-mail. We will provide the parent with a notice describing the Privacy Policy and will ask for the parent’s consent to our collection and use of personal information from or about their child. The parent will also be asked to submit a credit card number (the card will not be charged) for verification purposes only. If the registration form is not completed with a credit card number to verify parental consent, the child will not be able to access those of our activities requiring registration and we will not collect any personal information from that child. Failure to complete the registration form will also prevent the child from entering chat rooms or otherwise making personal information available to the public on the Website. A parent has the option to consent to the collection and use of their child’s personal information without consenting to the disclosure of that information to third parties, but if such disclosure is necessary to make available a service which has been requested, then the child will not have access to such service.
Information Collected, Use, and Disclosure
Depending on the special service requested, personal information collected may include a name, e-mail address, telephone number (e.g., home, mobile and/or fax), address or age of a child. We will not condition a child’s participation in any activity on the Website on the child’s disclosing more information than is reasonably necessary to participate in that activity. A parent can review his or her child’s personal information by accessing the child’s preferences. A parent can instruct us to delete the child’s personal information or to stop collecting or using the child’s personal information by contacting the Privacy Administrator.
We may use the personal information to provide the child with the special services for which he or she has registered, as well as for fulfilling a requested transaction, record keeping, marketing back to the child or making it publicly available through a chat room. (Please note that when anyone, including a child, uses a message board or chat room on the Website, the communications are publicly available to the other participants.)
After obtaining the consent of the parent, we, and our service providers will maintain the confidentiality, security, and integrity of the personal information collected about their child. A child’s information will only be disclosed to our third party service providers as described in this Privacy Policy. They cannot use your child’s personal information without your consent for any purpose other than the service you have requested on behalf of your child.
Contact Us
If you have questions or concerns about this Privacy Policy, you can contact us at:
Aria Ultimate Privacy Administrator
2610 Western Ave
Seattle, WA 98121
or by email at: info@ariaultimate.com
Notification of Changes
If we decide to make an important change to our Privacy Policy, we will post a notification and link on our homepage so that you can review the updated policy. If at any point we wish to use your personal information in a manner different from that stated at the time it was collected, we will notify you by means of an e-mail and give you the opportunity to indicate whether you consent to the proposed use.