These Terms and Conditions (the “Agreement”) govern the Web sites and online services on which it is posted. This includes our Web sites (including the versions of them that are designed for access from mobile devices), applications (including those accessed from third party online services such as social networks) and other electronic services (each referred to in this Privacy Policy as an “Online Service”).
This Agreement is between you and The Aesthete (“The Aesthete”) with a principal place of business at 222 BROADWAY, 19TH FLOOR, NEW YORK, NY 10038. Your use of this Online Service signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not use this Online Service.
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ONLINE SERVICE. Your continued use of this Online Service indicates your continued acceptance of these terms and conditions. THE AESTHETE may monitor your use of the Online Service at any time. Use and release of information gathered from the Online Service through such monitoring or other means, including the input by you of information, is governed by the THE AESTHETE Online Privacy Policy.
Subject to the terms and conditions set forth in this Agreement, THE AESTHETE grants you a non-exclusive, non-transferable, limited right to access, use and display the Online Service and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The Online Service is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the Online Service in any way.
All materials on the Online Service, including without limitation text, images, software, audio and video clips, as defined below (collectively the “Content”) are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed herein or elsewhere through the Online Service.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the Online Service or any portion thereof for any public or commercial use without the express written permission of THE AESTHETE.
You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other means of obtaining lists of users or other information from or through the Online Service, including without limitation any information residing on any server or database connected to the Online Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Online Service in any manner with the intent to damage, disable, overburden, or impair the Online Service; or (iv) frame the Online Service with any other content or information without the prior written permission of THE AESTHETE.
Rules for Blogs, Chatrooms, Forums, and Other Uploading of User Material You alone are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a blog, chatroom, bulletin board or other forum provided to you on or in connection with the Online Service, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the Online Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Online Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Online Service or THE AESTHETE. In addition to the general indemnity contained below , you specifically indemnify defend and hold THE AESTHETE, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of a breach of the aforesaid rules for Blogs, Chatrooms, Forums and other Uploading of User Material. Further, you hereby acknowledge that you may be named as a party to any such claims and, accordingly, you hereby waive your rights to anonymity and privacy in relation to any claim in which you have hereby agreed to indemnify the Indemnified Parties.
THE AESTHETE maintains a policy of termination in appropriate circumstances of users who use the Online Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Copyright Agent: Adrian Mainella
THE AESTHETE
222 Broadway, 19th Floor
New York, NY 10038
Email: info@theaesthete.com
THE AESTHETE reserves the right, but does not have an obligation, to review all materials posted to the Online Service by users, and THE AESTHETE is not responsible for any such materials posted by users. However, THE AESTHETE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in THE AESTHETE’s sole discretion are objectionable or in violation of this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Online Service, including Communications made to THE AESTHETE pages, services, applications and features on platforms hosted by third party vendors such as Facebook, tumblr and other social networking, community and blogging platforms, you grant to THE AESTHETE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by THE AESTHETE of any material or idea submitted by you in any Communications. You waive all rights to any claim against THE AESTHETE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that THE AESTHETE is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
You acknowledge that material transmitted to and from the Online Service are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to THE AESTHETE or the Online Service, no confidential, fiduciary, contractually implied or other relationship is created between you and THE AESTHETE other than pursuant to our Privacy Policy. THE AESTHETE shall not be responsible for the payment of any monies to any party in connection with THE AESTHETE’s use of Communications submitted by you to the Online Service.
The Online Service contains links, widgets, applications and pointers and sometimes may frame or otherwise incorporate other World Wide Internet sites or digital assets, resources, and sponsors of the Online Service. Links from the Online Service to sites and services maintained by third parties and the framing of third-party sites do not constitute an endorsement by THE AESTHETE of such third party resources or their contents. Links (including links for which THE AESTHETE receives a commission on sales of products of services) and frames also do not imply that THE AESTHETE is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of THE AESTHETE. You should direct any concerns regarding any external link to its site administrator or webmaster. THE AESTHETE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Online Service. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE AESTHETE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Online Service.
THE AESTHETE may include routing buttons within the Online Service, the activation of which will allow you to access and learn about THE AESTHETE and other services provided by THE AESTHETE or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES. In order to offer and provide personalized custom services, we use cookies to limit the number of times a particular advertisement is shown to a user as the user navigates through the site. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file may contain information such as a user ID that the site uses to track the pages you have visited and to allow easy access to restricted areas of the website. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk, read cookie files created by other sites, or damage your files. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You also may refuse cookies by disabling them on your browser.
IP addresses are also recorded in our log files. We may use IP addresses to analyze trends, administer the site, track users’ movement, gather broad demographic information for aggregate use, and similar purposes.
You may order services or merchandise through the Online Service from other persons or companies not affiliated with THE AESTHETE (“Sellers”). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider THE AESTHETE, nor will THE AESTHETE be deemed, a party to such transactions, whether or not THE AESTHETE may have received any form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction.
THE AESTHETE MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH THE ONLINE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SERVICE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK. It is also expressly acknowledged that Verizon Wireless is not providing any of, and is not responsible for, the content and services of any site or service.
You agree to indemnify, defend and hold THE AESTHETE, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the Online Service, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. THE AESTHETE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of THE AESTHETE.
THE ONLINE SERVICE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE ONLINE SERVICE) ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE AESTHETE DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE ONLINE SERVICE; OR THAT THE ONLINE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AESTHETE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE ONLINE SERVICE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO THE AESTHETE’S NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL THE AESTHETE OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE ONLINE SERVICE, EVEN IF THE AESTHETE OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AESTHETE OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE ONLINE SERVICE.
THE AESTHETE reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Online Service. Changes in this Agreement will be effective when posted. Your continued use of the Online Service after any changes to this Agreement are posted will be considered acceptance of those changes.
THE AESTHETE may terminate, change, suspend or discontinue any aspect of the Online Service at any time. THE AESTHETE may also impose limits on certain features and services or restrict your access to part or all of the Online Service without notice or liability.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK.
We control and operate the Online Service from our offices in the United States of America. We do not represent that materials on the Online Service are appropriate or available for use in other locations. Persons who choose to access the Online Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between THE AESTHETE and you with respect to your use of the Online Service. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
All rights reserved.
This Online Service and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of THE AESTHETE.
THE AESTHETE trademarks or service marks used on the Online Service are marks of THE AESTHETE.
You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of THE AESTHETE and/or the trademark owner.