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GENERAL TERMS OF USE
Welcome to AetherStore.com. This web site is owned and operated by AetherStore, Inc. . AetherStore, Inc. and its affiliates are hereinafter referred to individually and collectively as ("Owner").. The following General Terms of Use ("Terms") govern your use of this website ("the Site"). By accessing the Site or registering an account, you acknowledge, accept and agree to abide by these Terms. Owner and its agents reserve the right and absolute discretion to investigate any violation of these Terms, and to take appropriate remedial action, including disabling the site, suspending user access, or deleting, screening or editing any posting. Owner may revise these Terms without notice. You should revisit this Site periodically to make sure that you are aware of the most recent Terms because they will be binding upon you. Your use of this Site or Owner's services after such changes constitute your agreement to such changes. You are advised to check each page on the Site. Some locations may have special additional terms and conditions of use that apply to use of or interaction with that location. Your use of that location constitutes your acceptance of those special additional terms and conditions. Before submitting any materials to this site, please carefully review the Solicited Submission Terms and Conditions and General Release below; by making submissions you further confirm your acknowledgement, acceptance of these Terms, including, but not limited to, the Solicited Submission Terms and Conditions and General Release. In addition to these Terms, you should also review our Privacy Policy at http://www.aetherstore.com/legal/privacy-policy.html and our Cookie Policy at http://www.aetherstore.com/legal/privacy-policy.html section 'Cookie Policy'. Please note that these Terms apply only to this Site. This site may allow users to post hypertext links to content hosted and maintained by third parties. The linked sites and their content are not moderated by Owner, are not under Owner's control, responsibility or endorsement and your access to any linked site is at your own risk. When leaving this Site using any link provided by a user, you should be aware that these General Terms of Use no longer govern, and you should review the terms and conditions, including privacy and data gathering practices, of that particular website. IF YOU ARE NOT WILLING TO ABIDE BY THESE TERMS OF USE, DO NOT USE THIS SITE.
By accessing this Site and accepting the Terms thereby, you are granted a limited license to access and use this Site. You are prohibited from using this Site to violate, or attempt to violate, the integrity or security of this Site or for any improper purpose. Improper use may result in criminal and civil liability. Where we deem it appropriate, in our own discretion, we will investigate improper use, and, if a criminal violation is suspected, we will contact the appropriate law enforcement agencies and we will cooperate with such law enforcement agencies in any subsequent investigations. Owner reserves the right to enforce its rights to the full extent of the law. Any delay or failure on the part of Owner to enforce any of its rights shall not be construed as a waiver against the Owner. You may not engage in any resale or other unauthorized commercial use of this site or its contents, any unauthorized collection and use of any product listings, descriptions, or prices, or make any derivative use of this site or its contents. You may not use this Site to: - Engage in data mining or scraping; - Send obscene or illegal content; - Log into or attempt to log into a server without proper authorization; - Log into or attempt to use an account for which you are not authorized; - Access data not intended for you or your use; - Take any action to obtain services to which you are not entitled; - Probe, scan, or test the vulnerability of any system, subsystem or network; - Tamper with, hack into, modify or otherwise corrupt or breach any Owner security or authentication measures without proper authorization; - Transmit material which contains viruses or other computer programs, codes, routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation of this Site; - Misappropriate any data or information on the Site; - Attempt to interfere with or overload the Site in any manner; - Infringe on any person's intellectual property rights; - Transmit Spam, chain letters or commercial advertising; - Link to this Site, by hyperlink or otherwise, without the written permission of Owner. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Owner and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Owner's name or trademarks without the express written consent of Owner. Any unauthorized use terminates the permission or license granted by Owner. Owner does not accept account registrations from, or knowingly collect information from, children under age 18. If you are under age 18, please do not attempt to register for this site or provide any personal information about yourself to us. Intellectual Property
This Site contains material including text, photographs and other images and audio features that are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Owner or have been licensed to it by the owner(s) of those rights so that Owner may use that material as part of this Site. Requests for commercial use of Owner-owned images featured on this web site should be directed to: AetherStore, Inc. 501 Fifth Avenue New York, NY 10117 info@aetherstore.com Permission may be given, in Owner's sole discretion, only where there is a clear business connection with the proposed use of the image or the organization making the request. When making requests please state clearly the image requested and the nature and context of the proposed use. Please note that royalties may be payable to photographers where arrangements have been made for copyright to revert to the photographer in the event of third-party use. Photographs on this web site are available for use by news organizations for the purposes of reporting about Owner and/or its affiliates and the activities undertaken by them without further authorization. Except as otherwise noted, the text and graphics and other materials provided on this Site are copyrighted by or licensed to Owner, and/or one of its affiliates. The compilation of all content on this site is protected by U.S. and international copyright laws. All software used on this site is the property of or licensed to Owner or its software suppliers, and is protected by United States and international copyright laws. Without Owner's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Site, except that you may (1) download one copy of the material in temporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices or otherwise engage in any conduct that violates, undermines or harms Owner's proprietary rights in and to the Site, and (2) share posts on the AetherWorks Blog on social media via the buttons provided you do not delete or change any copyright, trademark, or other proprietary notices or otherwise engage in any conduct that violates, undermines or harms Owner's proprietary rights in and to the Site. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of Owner and others. 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 this Site without the prior written permission of Owner or such third party that may own the Trademark displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web Site, please notify Owner immediately at the following address: AetherStore, Inc. 501 Fifth Avenue New York, NY 10117 info@aetherstore.com. Solicited Submission Terms and Conditions and General Release When you submit materials, post an idea, comment, message or other content on this site, you agree that: (1) your submissions are not confidential and shall automatically become the property of Owner, without any compensation to you; (2) Owner may use or redistribute the submissions for any purpose and in any way; and (3) Owner has no obligation to keep any submissions confidential. More specifically, you grant to Owner and its designees a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use, in any and all ways, any ideas, expression of ideas or other materials you submit (your "Submission"), without restrictions of any kind and without any payment or consideration, or permission or notification, of any kind, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, develop products or services based on the Submission, combine with other works, alter, translate, distribute copies, display, perform, license the Submission, and all rights therein, in the name of Owner, or its designees throughout all the universe in perpetuity in any and all media now or hereafter known or developed. The license shall also permit Owner and its designees to use portions of your Submission, rerecord or modify any audio tracks or visual images you provide, rewrite any materials you submit, and/or incorporate other materials, either created by Owner and its designees or licensed from third parties, with the Submission. Any such works shall be deemed materials owned by Owner. By making a submission to this website, you hereby represent and warrant that: (1) you either own or control all of the rights to the content submitted; (2) you have obtained permission from the owner of the content to submit the information; and (3) you have received all necessary permissions from any person mentioned in your submission to submit such information to the website to be used in accordance with these Terms of Use. You acknowledge that the Solicited Submission Terms and Conditions are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged and accepted. Such consideration includes, without limitation, your use of this site and the receipt of data, materials and information from this site. Due to the volume of submissions, Owner does not screen, respond to, or publish every submission made to this website. Notwithstanding the foregoing, from time to time Owner in its sole discretion may offer specific promotions where specified prizes may be awarded in connection with certain Submissions in accordance with promotional rules and regulations which shall posted on the site. You agree that your Submission does not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right. You acknowledge and agree that the relationship between you and Owner is not a confidential, fiduciary, or other special relationship. By making a submission, you acknowledge and agree that Owner and its designees obtain many submissions that may be similar or identical to your Submission through the site or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that materials accepted, reviewed and/or used by Owner and its designees may be similar to your Submission or misappropriate your Submission in any way. You hereby release and hold harmless Owner, its affiliated entities, employees, directors, officers, licensees, agents and assigns and each of their respective designees ("Owner Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the site, the use of such content by the Owner for any purpose, your use of the site, your violation of these Terms of Use, or the violation by you or the Owner of yours or any third party's rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
Disclaimers: The information published on this Site is provided without charge as a convenience to our visitors and is to be used for informational purposes only. The information provided on this site is provided "as is" and/or "as available." Although Owner has made reasonable efforts to provide accurate information, there may be inadvertent technical or factual inaccuracies and typographical errors. Owner does not guarantee or warrant the accuracy or completeness of the information, text, graphics, links, or other items contained or accessed through this Site, and Owner expressly disclaims liability for errors or omissions in these materials. Owner reserves the right to make changes and corrections at any time, without notice. Owner makes no commitment to update the information contained on this site. Owner does not warrant that the function aspects of this Site will be uninterrupted or error free or that this Site or the server that makes it available are free from viruses or other harmful components. All information or advice provided as part of this Site is intended to be general in nature and you should not rely on it in connection with making any decisions. Owner is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of taking such action. Visitors to this Site assume all responsibility and risk for the use of this Site. Nothing contained in this Site constitutes investment advice, or an invitation to invest or otherwise deal in shares of Owner. Some of the statements contained in this website may constitute "forward-looking statements" as that term is defined in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Certain statements, including the nature of the proposals, intentions, assumptions and statements about future events, may include forward-looking statements. Forward-looking statements are based on the company's current understanding and assessment of these activities and reasonable assumptions about the future. Actual results may differ from these disclosures because of changes in market conditions, government actions and other factors. The company does not undertake to update any forward-looking statements that may be made by or on behalf of the company unless required by law. Any prices provided on this website are for informational purposes only. Call +1 212-561-1343 for more information regarding pricing. As noted above, the Site may include links to external web sites. When you follow such links the external web site may appear as a full screen (in which case you will have to use the back button on your browser to return to this Site) or in some cases it may appear with the frame of this Site (in which case you will be able to return to this site by use of the navigation buttons within the frame). Where an external web site appears within the frame of this web site it is purely for ease of navigation back to this Site and does not indicate any responsibility on our part for the content of that external site. These links are provided to you to help you find relevant web sites, services, and/or products which may be of interest to you. It is your responsibility to decide whether any services or products available through any of these web sites are suitable for your purposes. Owner is not responsible for the owners or operators of these web sites or for any goods or services they supply or for the content of their web sites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these web sites (including any liability arising out of any claim that the content of any external web site to which this Site includes a link infringes on the intellectual property rights of any third party). Owner assumes no responsibility for and expressly disclaims all liability for errors or omissions in, and use or interpretation by others of, any information presented here or contained on any linked sites, or on any other site accessed by or though this Site, or any site from which any person may have accessed this Site. Owner disclaims all warranties, representations and endorsements, express or implied with regard to information accessed from or via this Site, including but not limited to all express and implied warranties, including the warranty or title, merchantability, fitness for a particular purpose, non-infringement, and freedom from computer viruses. In no event, including but not limited to negligence, shall Owner be liable for any direct, special, indirect or consequential damages or other damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, or loss of data, whether in in an action under the theories of contract, tort, strict liability or otherwise, arising out of or in any way connected with the use or performance of the information on or accessed through the site. Digital Millennium Copyright Act ("DMCA") Notice In operating this website, Owner acts as a "services provider," as defined by 17 U.S.C. §512, and offers services as an online provider of materials and links to third-party websites. As a result, third-party materials that Owner neither owns nor controls may be transmitted, stored, accessed or otherwise made available using this website. If you believe any material available via this website infringes a copyright, you should notify Owner using the notice procedure for claimed infringement under the DMCA (17 U.S.C. §512(c)(2)). Owner will respond expeditiously to remove or disable access to the material claimed to be infringing, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Direct all infringement notices to: NEED CONTACT INFO. The notice must include the following: 1. A description of the copyright or intellectual property that you claim has been infringed (please include registration numbers when available); 2. A description the material on the site that you claim is infringing, with enough detail so that Owner may locate it on the website; 3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/property owner, its agent, or the law; 4. A statement by you declaring, under penalty of perjury, that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright/property interest involved or that you are authorized to act on behalf of that owner; 5. Your address, telephone number, and email address; and 6. Your physical or electronic signature. Owner may give notice to users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the Southern District of New York, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Jurisdiction
Miscellaneous Owner may change the format and content of this Site at any time. Access to the Site may be terminated without notice at any time and for any reason at Owner's sole discretion. If any portion of these Terms is held to be unenforceable the remainder of these provisions shall remain in full force and effect. These Terms constitute the entire agreement between the parties relating to the use of this website and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. Save as provided in these Terms, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms (a "Misrepresentation") and Owner shall have no liability to you other than pursuant to these express Terms.
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Last Updated September 12, 2014 |