Terms of use

Last modified: 01.01.2021

Please read these Terms of Use (“Terms of Use”) carefully as they constitute a binding contract between you and Averia Electronics, Inc. (“Company,” “we” or “us”). By visiting our website (www.averia.com), downloading and/or using our mobile applications, registering for or using our service through our applications or website (collectively, our “Service”), or by checking an opt-in box we provide in our mobile applications or on our website, you agree to be bound by these Terms of Use and our Privacy Policy (available at the following URL: https://shop.averia.com/pages/privacy-policy), which are incorporated herein by reference. These Terms of Use and our Privacy Policy govern your access to and use of our Service, including any content, functionality, and services offered on or through our Service, whether you are a guest or a registered user. If you do not agree with these Terms of Use or our Privacy Policy, you must not use or access our Service.

BY ACCEPTING THESE TERMS OF USE, AS PROVIDED IN THE “ARBITRATION” SECTION BELOW, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Accessing Our Service and Account Security

We reserve the right to cease, withdraw, or alter our Service, and any information, data, content, service or material we provide through it, in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of our Service is unavailable for any period of time. From time to time, we may restrict access to some parts of our Service, or the entire Service, to visitors or users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Use and comply with them.

To access and use our Service, you may be asked to provide certain registration details or other information. It is a condition of your use of our Service that all the information you provide on the Service is accurate, current, and complete. You agree that all information you provide to register with our Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

Prohibited Uses

Your use of our Service must be for lawful purposes only and must at all times be in compliance with our Terms of Use and Privacy Policy. You agree not to use our Service:

  • To exploit, harm, or attempt to exploit or harm a minor person in any way by exposing them to inappropriate content, asking for their personally identifiable information, or otherwise.
  • In any way that violates any federal, state, local, or international laws or regulations.
  • To knowingly send, receive, upload, download, use, or re-use any material that does not comply with the Content Restrictions set forth below in these Terms of Use.
  • To transmit, or cause the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using false e-mail addresses or screen names).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair our website or interfere with any other person’s use of the Service, including their ability to engage in real time activities or transactions through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, or otherwise attempt to interfere with the proper working of the Service.

User Submissions

The Service may contain functionality that permits you to post, submit, or display content or materials, including content or materials other users can view (“User Submissions”). All User Submissions must comply with the Content Restrictions set out below. Any such User Submissions you send through or post to our website will be considered non-confidential and non-proprietary. By providing such User Submissons, you grant us and our affiliates and service providers, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

  • You own or control all rights in and to your User Submissions and have the right to grant the license granted above.
  • All of your User Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, will have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submission posted by you or any other user of the Service.

Content Restrictions

These Content Restrictions apply to your use of our Service. Anything you submit through the Service must not:

  • Be 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, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • 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.
  • Give the impression that any submission emanates from or is endorsed by us or any other person or entity, if that is not the case.

Intellectual Property Rights

The Service and its entire contents, features, and functionality, including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us or, where applicable, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your use only and only for what the Service intended to be used for. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in its cache incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Internet browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our Privacy Policy and these Terms of Use.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from our Service.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Service.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our Company name, any Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or, as may be applicable, our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Service are the trademarks of their respective owners.

Copyright Infringement Policy

Reporting Claims of Copyright Infringement

If you believe that any User Submission violates your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement.

Copyright Infringement Policy

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials published on our Service infringe your copyright, you may request removal of those materials from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (“DMCA Notice”) must include the following items:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Service, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently detailed manner to allow us to locate the material. For example, a URL to the material on the Service.
  • Sufficient information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
  • A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written DMCA Notice is accurate
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Averia Electronics Inc. Attn: Gennady Spirin 142W 57th Street Floor 11 coo@averia.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective, which means we have no obligation to remove allegedly infringing content.

Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of copyrights.

Monitoring and Enforcement; Termination

We reserve the right to:

  • Remove or refuse to post any User Submissions for any or no reason at our sole discretion.
  • Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates these Terms of Use, including the Content Restrictions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service 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 Service.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

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 Service.

YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not review all material before it is posted on the Service, and we 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.

Reliance on Information Posted

The information presented on or through the Service 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 Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in such content and materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content or materials. Such content or materials do not necessarily reflect our opinion(s). 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.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content 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 services linked to from our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

Geographic Restrictions

As the owner of the Service, we are based in the State of New York in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Submissions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of New York.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notice and Cure

In the event that either our Company or you have a claim against the other, before filing, commencing, or initiating any such claim in a lawsuit, arbitration, or other proceeding, the complaining party shall give the other party: (1) written notice of the claim describing in sufficient and reasonable detail the grounds for and facts supporting such claim; and (2) a reasonable good faith period of time of not less than thirty (30) days from receipt of such notice to cure, resolve, or rectify such claim without the necessity of a legal proceeding. Notice of any such claim can be sent to us at our address listed below (see “Contact Us” below). We will send any such notice to you to your address appearing in our records or, if you advise us that you are represented by an attorney, to your attorney’s office. If you or we fail to comply with this “Notice and Cure” provision before filing a lawsuit, arbitration, or other legal proceeding, that failure shall be deemed complete defense to all claims asserted in such proceeding.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Children’s Policy

Our website and Service is not intended for children under thirteen (13) years of age. No one under age 13 may provide any personal information through our website or Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our website or Service or through any of their features, register through the website or Service, use any of the interactive or public comment features of the website or Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address at the end of this Privacy Policy.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Changes to Our Terms of Use and Service

We may periodically revise and update our Terms of Use at our sole discretion. All changes are effective immediately upon posting them, and apply to all access to and use of our Service. Your continued use of our Service following the posting of a revised Terms of Use means that you accept and agree to the revised version. You should periodically check this page so you are aware of any changes, as they are binding upon you.

We may also periodically change or update the content on our Service, but the content is not necessarily complete or current at all times. Any of the content or material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Contact Us

This Service is operated by Averia Electronics, Inc., 142 West 57th Street, 11th Floor, New York, New York 10019.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@averia.com