Adopted or Updated: 1/27/2021
This agreement adopts the terminology stated in our Ayaazone.com Common Definitions.
This Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and have the legal capacity to form binding contracts. By using this Website, you represent and warrant that you are legally capable of forming a binding contract with Ayaazone and meet all of the foregoing eligibility requirements. By making a purchase on this website you represent and warrant that you are the cardholder listed on the card or an authorized user of the card. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We provide assistance to those who need assistance navigating or interacting with our website. See our Accessibility Policy below. However, in general, You are responsible for both:
· Making all arrangements necessary for you to have access to the Website; and
· Ensuring that all persons who access the Website through your internet connection are aware of Ayaazone’s Agreements and comply with them.
The Website may contain message boards, feedback forum, chat rooms, personal web pages or profiles, bulletin boards, feedback, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
· All of your User Contributions do and will comply with Ayaazone’s Agreements;
· You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; AND
5. Monitoring and Enforcement; Termination
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Ayaazone’s Agreements, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; OR
· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of Ayaazone’s Agreements.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by the company, or taken as a consequence of, investigations by either the company/such parties or law enforcement authorities.
In addition to the foregoing, We may block all access to Ayaazone.com and its mobile apps from your IP address, deny access to any and all Ayaazone Communication systems, and put other restrictions on your account as we deem necessary without notice. Circumventing these restrictions may result in criminal or civil charges being filed.
We cannot undertake to review all materials before it is posted by a user on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is prohibited, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, political affiliation, disability, sexual orientation, or age;
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Be likely to deceive any person;
· Promote any prohibited or illegal activity, or advocate, promote, or assist any unlawful act;
· Promote any organization that has been deemed to promote terrorism, violence, or discrimination by the United States or any of its political subdivisions;
· Promote any other commercial activity outside of the Ayaazone website or Ayaazone mobile app;
· Mentioning any portion of our website along with any social media tag or username that violates our standards;
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; OR
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, payment processors, tax calculators, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Changes to the Website
We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Ayaazone Site, including by redesigning, modifying, removing, or restricting access to any of them, and by suspending, prohibiting, or removing any listing. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All purchases through our site or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by our Ayaazone Customer Agreement which are hereby incorporated into Ayaazone’s Agreements. Additional terms and conditions may also apply to specific portions, goods, services, or features of the Website.
11. Electronic Communications
Visiting Ayaazone.com or sending emails to Ayaazone.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
12. Cancellation/Refund Policy
Each merchant, including Ayaazone, has their own cancellation and refund policy, which is stated on the merchant’s Ayaazone webpage.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Your Comments and Concerns
Your questions, comments, and concerns can be sent to us through our Inquiry Form.
16. Legal Policy; Liability Limitation; Incorporation of other agreements
This agreement may be incorporated by reference into other agreements you enter into with us. Further, we specifically incorporate Ayaazone’s Agreements as defined in our statement Ayaazone.com Common Definitions. Among other things, the Ayaazone.com Legal Policy and Liability Limitation Agreement details Ayaazone.com, Inc.’s legal policies, our limitations on liabilities, jurisdiction and governing law, our arbitration requirements, and our indemnification clause. All clauses not in direct conflict with any clause in this agreement is hereby incorporated and applied to this agreement.
17. Entire Agreement
This agreement with our other agreements incorporated into here, collectively called Ayaazone’s Agreements, constitute the sole and entire agreement between you and Ayaazone.com, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website
a. As used in this Agreement, "we," "us," “Company”, and "Ayaazone" means Ayaazone.com, Inc., and "you" and “your” means the applicant or user whether an individual, or as a business and any of its Affiliates.
b. "Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
c. "Ayaazone Policies" means all terms, conditions, policies, guidelines, rules, and other information on the applicable Ayaazone Site.
d. "Ayaazone Site" means that website, the primary home page of which is identified by the url www.Ayaazone.com, any country specific website, any wholly owned subsidiary’s website, and any successor or replacement of such website.
e. "Ayaazone Transaction Information" means, collectively, Order Information and any other data or information acquired by you or your Affiliates from Ayaazone, its Affiliates, or otherwise as a result of this Agreement, the transactions contemplated by this Agreement, or the parties' performance under this Agreement.
g. "Content" means copyrightable works and trademarked images under applicable Law and content protected by database rights under applicable Law.
h. "Prohibited Products" means the items described on the applicable Prohibited Products List or, any other applicable Ayaazone Policy, or any other information made available to you by Ayaazone.
i. "Governing Laws" mean the laws the jurisdiction as stated in the Ayaazone.com Legal Policy and Liability Limitation, Specific acts, statutes and regulations refer to those specific acts, statutes, and regulations.
j. "Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
k. "Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on an international, federal, state, or provincial level, as applicable) of competent jurisdiction.
l. "Order Information" means, with respect to any of Your Products ordered through an Ayaazone Site, the order information and shipping information that we provide or make available to you.
m. "Person" means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
n. "Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and handling, gift wrap and other charges; and (b) taxes and customs duties.
o. "Service" means the services provided by Ayaazone.
p. “Term of Use” refers to the Ayaazone.com Term of Use in effect the day of you most recently accessed any page on the Ayaazone.com website.
q. "Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.
r. "Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.
s. "Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Ayaazone or its Affiliates.
t. "Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.
u. "Your Product" means any product or service (including Optional Coverage Plans) that you: (a) have offered through the Selling on Ayaazone Service; (b) have made available for advertising through the Ayaazone; or (c) have fulfilled or otherwise processed through Ayaazone.
v. "Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.
w. "Your Taxes" means any and all sales, goods and services, use, excise, premium, income, gross receipts, franchise, value added, consumption, duties and customs, and other taxes, regulatory fees, levies (specifically including environmental levies), or charges and duties assessed, incurred, or required to be collected or paid for any reason (a) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services; (b) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c) otherwise in connection with any action, inaction, or omission of you or your Affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors, or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange. This term also means any of the types of taxes, duties, levies, or fees mentioned above that are imposed on or collectible by Ayaazone or any of its Affiliates in connection with or as a result of fulfillment services including the storage of inventory or packaging of Your Products and other materials owned by you and stored by Ayaazone, shipping, gift wrapping, or other actions by Ayaazone in relation to Your Products pursuant to the Fulfillment by Ayaazone Service Terms.
x. "Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.
y. "Your Transaction" means any sale of Your Product(s) through the Ayaazone Site.