Rustic Cooking - lifestyle - distilled spirits

RETURNS AND REFUNDS / PRIVACY POLICY / TERMS OF USE

Our policies on returns and refunds, our privacy policy, and our terms of use for this website are set forth below. Please scroll down to find the appropriate policy or agreement:


RETURNS AND REFUNDS

Thank you for shopping at A SPIRITED LIFE. If for any reason you are not satisfied with your purchase, the following return and refund policies are intended to help:


RETURNS

You have 30 calendar days from your order date to return an item.


To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging and must include the receipt or proof of purchase in the packaging.


Distilled spirits are not eligible for return. All distilled spirits (alcohol) sales are final.


REFUNDS

Once we receive your item, we will inspect it and notify you that we have received your returned item. Inspections are at our discretion. We will promptly notify you as to the status of your refund after inspecting the item.


If your return is approved, we will initiate a refund through our payment processor. You will receive the credit within a certain amount of days, depending on the payment processor’s policies.


SHIPPING

You will responsible for paying for your own shipping costs for returning items. 


Shipping costs are non-refundable. If you receive a refund, any return shipping cost charged to us will be deducted from your refund.


CONTACT US

If you have questions about how to return an item, the status of a refund, or other shipping issues, please contact us at info@aspirited.life


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PRIVACY POLICY

Thank you for visiting the A SPIRITED LIFE online service (e.g., website, software, or mobile app) that posts this Privacy Policy (“Service”) owned or operated by Aperture Investments, LLC (“Aperture”). This Privacy Policy will provide you with information as to how Aperture collects, uses, and shares information about you, including the choices Aperture offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. It does not apply to Aperture’s data collection activities offline or otherwise outside of the Service. 


By visiting or otherwise using the Service, you consent to Aperture’s data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service.


1.  INFORMATION WE COLLECT.

A.  Information about You that You Provide. Aperture, and/or its Service Providers (defined below), may collect information you provide directly to Aperture and/or its Service Providers via the Service. For example, Aperture collects information when you use or register for the Service, subscribe to the Service, post on the Service, participate in marketing activities, or communicate or transact through the Service. 


Aperture relies on Service Providers to operate the Service (See the GoDaddy Privacy Policy here), to provide payment services (See the PayPal Privacy Policy here) (See the Square, Inc. Privacy Policy here), and to provide other services associated with the Service. Aperture’s Privacy Policy only applies to the information actually collected by Aperture and does not include the information collected by Service Providers.


Information Aperture and/or its Service Providers may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, and address, social media account and image (“Personal Information”); and (2) demographic information, such as your age, gender, interests, education and employment information (“Demographic Information”). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Policy). 


B.  Information Collected Automatically. Aperture and/or its Service Providers may also automatically collect certain information about you when you access or use the Service (“Usage Information”) including IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Aperture does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information.


The methods that may be used on the Service to collect Usage Information include:

  • Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
  • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, and location-identifying technologies and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing behavior.

C.  Information Aperture Collects From Other Sources. Aperture may obtain information about you from Service Providers. Notwithstanding anything to the contrary, Privacy Policy is not intended to limit Aperture’s activities regarding such non-Service-sourced, information (including Personal Information). Aperture is not responsible or liable for the accuracy of the information provided by third parties or for third-party policies or practices.


2.  HOW WE USE THE INFORMATION WE OBTAIN.

Aperture may use information about you for any purposes not inconsistent with Aperture’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

  • Allow you to participate in the features we offer on the Service;
  • Facilitate, manage, personalize, and improve your online experience;
  • Process your registration, manage your account and/or upload your User Generated Content (“UGC”);
  • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and send you notices;
  • Improve the Service and for any other internal business purposes;
  • Tailor our content, advertisements, and offers;
  • Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
  • Determine your location and manage digital content rights (e.g., age and territory      restrictions); and
  • Prevent and address fraud, breach of policies or terms, and threats or harm.

3.  INFORMATION WE SHARE WITH THIRD PARTIES.

Aperture may share non-Personal Information and Personal Information (provided that Aperture is aware of no restrictions of Aperture’s use, if any), with third parties or for any purpose. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices. Aperture’s sharing of Personal Information is, however, subject to the following:

  • Marketing: Subject to your communications choices explained below, and the rights of California residents explained below, we may use your Personal Information to send you marketing communications. Aperture will not share your Personal Information with third parties, for their own direct marketing purposes, absent your consent (which may be by means of third-party interaction described in the next bullet point).
  • Your Disclosure or Consent: As more fully described below in (Information You Disclose Publicly or to Others) and (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Personal Information with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third-party, not Aperture.

Aperture may also share any information about you (including, without limitation, Personal Information) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

  • Aperture’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access, to your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Aperture’s behalf, provided however, Aperture does not authorize its Service Providers to use Personal Information collect by Aperture and provided by Aperture to the Service Providers to send you direct marketing messages other than related to Aperture absent your consent. 
  • To comply with the law, law enforcement or other legal process, and where permitted, in response to a government request; and
  • If Aperture believes your actions are inconsistent with Aperture’s applicable terms of use or to protect the rights, property, life, health, security and safety of Aperture, the Service or its users, or any third-party.

4.  INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

The Service may permit you to post or submit UGC including, without limitation, written content, audio or visual recordings, computer graphics, pictures, data, comments, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and non-confidential, and will be accessible by anyone, including Aperture. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Aperture’s usage or sharing limitations, or other obligations, regarding Personal Information under this Privacy Policy or otherwise, and may be used and shared by Aperture and third parties to the fullest extent not prohibited by applicable law. Aperture encourages you to exercise caution when making decisions about what you disclose in such public areas. California minors should see specific provisions below regarding potential removal of certain UGC they have posted on the Service.


5.  THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.


Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Service in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Aperture. Also, both Aperture and the third-party may have access to certain information about you and your use of the Service and any Third-Party Service.


Aperture may engage and work with Service Providers and other third parties to serve advertisements on the Service. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).


Aperture may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Aperture analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other internet usage.


Data obtained by Aperture from a third-party, even in association with the Service, is not subject to Aperture’s limitations regarding Personal Information under this Privacy Policy, however such data remains subject to any restrictions imposed on Aperture by the third-party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Aperture, the types of information shared, and your choices on what is visible to others on Third-Party Services.


As permitted by applicable law, Aperture is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. 


6. DATA SECURITY AND MONITORING.

Aperture takes reasonable measures to protect Personal Information Aperture collects (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital storage are not completely secure and Aperture does not guarantee the security of your information collected through the Service.


Aperture and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Aperture, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.


7.  INTERNATIONAL TRANSFER.

Aperture is based in the U.S. and the information Aperture and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.


8.  CHILDREN'S PRIVACY.

The Service is not intended for anyone under 21 years of age and is not directed to children less than 13 years of age. Aperture does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.


Any California residents under the age of eighteen (18) who used the Service, and who posted content or information on the Service, can request removal by contacting Aperture, detailing where the content or information is posted and attesting that you posted it. Aperture will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Aperture does not control.


9.  ACCESSING AND CHANGING INFORMATION

Aperture may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Personal Information, and potentially certain other information about you. Aperture will make good faith efforts to make requested changes in Aperture’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Aperture’s databases (California minors see above) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.


10.  CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.

A.  Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Aperture does not alter Aperture’s practices when Aperture receives a “Do Not Track” signal from a visitor’s browser. 


B.  Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Third-Party Services by going to their websites.

You may choose whether to receive some Interest-based Advertising by submitting opt-outs to the Third-Party Services providing such advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your browser-based opt-out may not, or may no longer, be effective. 


C.  Communications. You can opt out of receiving e-mail marketing communications from Aperture to which you have subscribed by unsubscribing or changing your communication preferences by logging onto your account. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions. If you opt out of only certain communications, other subscription communications may continue. Even if you opt out of receiving marketing communications, Aperture may, subject to applicable law, continue to send you non-marketing communications, such as those about your account, transactions, or servicing.


11.  YOUR CALIFORNIA PRIVACY RIGHTS.

We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at info@aspirited.life or by sending a letter to: 

Aperture Investment, LLC 

(Attention: Privacy Inquiry)

P.O. Box 1559

Mercer Island, WA 98040 


Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.


12.  YOUR EUROPEAN UNION PRIVACY RIGHTS.

If you are visiting this site from the European Union, you have certain privacy rights as described below.


Personal Information. With respect to EU data subjects, “personal information,” as used in this Privacy Policy, is equivalent to “personal data” as defined in the European Union General Data Protection Regulation (GDPR) https://gdpr-info.eu/art-4-gdpr/.


Sensitive Data. Some of the information you provide us may constitute sensitive data as defined in the GDPR.


Legal Bases for Processing. We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described below. If you have questions about the legal bases under which we process your personal information, contact us at info@aspirited.life.

    

Processing Purpose

To communicate with you

To optimize our platform

For compliance, fraud prevention, and safety


Legal Basis

These processing activities  constitute our legitimate interests. We make sure we consider and balance any potential impacts on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by any adverse impact on you (unless we have your consent or are otherwise required or permitted to by law).


Processing Purpose 

To comply with law


Legal Basis

We use your personal information to   comply with applicable laws.

 

Processing Purpose

With your consent


Legal Basis

Where our use of your personal   information is based upon your consent, you have the right to withdraw it   anytime in the manner indicated in the Service or by contacting us at info@aspirited.life.


Use for New Purposes. We may use your personal information for reasons not described in this Privacy Policy, where we are permitted by law to do so and where the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis for that use. If we have relied upon your consent for a particular use of your personal information, we will seek your consent for any unrelated purpose.


Retention. We will only retain your personal information for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.


To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information you have provided, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.


In some circumstances we may anonymize your personal information (so that it can be no longer associated with you), in which case we may use this information indefinitely without further notice to you.


Your Rights. Under the GDPR, you have certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Opt-out. Stop sending you direct marketing communications, which you have previously consented to receive. We may continue to send you Service-related and other non-marketing communications.
  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third-party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests by email to info@aspirited.life. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at info@aspirited.life or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.


Cross-Border Data Transfer. Please be aware that any personal data you provide to us will be transferred to, processed, and stored in the United States. Data protection laws in the U.S. may be different from those in your country of residence. You consent to the transfer of your information, including personal information, to the U.S. as set forth in this Privacy Policy by visiting our site or using our service.


13.  CHANGES TO THIS PRIVACY POLICY.

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected Personal Information, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.


14. CONTACT APERTURE.

If you have any questions about this Privacy Policy, please contact Aperture here or at: 

Aperture Investments, LLC

(Attention: Privacy Inquiry)

P.O. Box 1559

Mercer Island, WA 98040 


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TERMS OF USE AGREEMENT


1.  Your Acceptance 

Welcome to aspirited.life. Your use of this website or any other websites owned or operated by Aperture Investments, LLC (the "Website") and the services provided through or in connection with the Website and viewing of the content available at the Website, is subject to this Terms of Use Agreement (the “Terms of Use”) and the current Privacy Policy set forth above, which is incorporated herein by reference. Each time you use the Website, you agree to be bound by the following Terms of Use. If you do not agree to any of these terms, then you must immediately discontinue your use of the Website. These Terms of Use, and the Privacy Policy, may be updated by Aperture Investments, LLC (“Aperture”) from time to time with notice on this Website.


2.  Users 

These Terms of Use apply to all customers, visitors, users, and others who view the Website ("Users" as well as “You” or “Your”), including Users who are also contributors of images, video, information, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Aperture. Aperture has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Aperture from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each other website that you visit. 


3.  Use of the Website

(a) Aperture hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use (except as set forth in Section 3(f) below); (ii) you will not copy or distribute any part of the Website in any medium without Aperture’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. 


(b) In order to access some features of the Website, you may have to create an account or subscribe to a service. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Aperture immediately of any breach of security or unauthorized use of your account. Although Aperture will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Aperture or others due to such unauthorized use. 


(c) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the servers operating the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Aperture grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Aperture reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems and/or the navigation systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions (see Section 5 below). 


(d) Aperture may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users’ access to the Website without notice and liability, if, in Aperture’s sole determination, User violates any of these Terms of Use, including the following prohibited actions; (i) use the Website for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent Users’ affiliation with a person or entity, conduct fraud, hide or attempt to hide Users’ identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website. Upon termination for any reason, User continues to be bound by this Agreement. 


(e) For individual Users, the Website and data generated by it, including any photographic imagery and other data, is made available for your personal, non-commercial use only. For business Users, the Website and data generated by it, including maps, navigation information, photographic imagery and other data, is made available for your internal use only and may not be commercially redistributed.


4.  Intellectual Property Rights 

 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), and the services provided by or carried out by the systems and methods incorporated into the Website (“Services”), are owned by or licensed to Aperture and are subject to copyright, trademark, patent and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Aperture reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. 


5.  User Submissions 

 (a)  The Website may now or in the future permit the submission of images, sounds, videos, data, or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions to other users through the Website. You understand that whether or not such User Submissions are published, Aperture does not guarantee any confidentiality with respect to any User Submissions. 


(b)  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Aperture to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Aperture, you hereby grant Aperture a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Website and Aperture’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.


(c)  In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Aperture all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Aperture or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Aperture does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Aperture expressly disclaims any and all liability in connection with User Submissions. Aperture does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Aperture will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. Aperture reserves the right to remove Content and User Submissions without prior notice. Aperture will also terminate a User's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the Website more than twice. Aperture also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Aperture may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. 


(d)  In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 


Aperture’s Designated Agent to receive notifications of claimed infringement is: 

Attn: Copyright
Aperture Investments, LLC

P.O. Box 1559

Mercer Island, WA 98040


You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. 


(e)  You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Aperture is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Aperture with respect thereto, and agree to indemnify and hold Aperture, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 


(f)  Aperture permits you to link to your own User Submissions, if any, hosted on the Website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Aperture does not guarantee that their availability will be uninterrupted or bug free. Aperture reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases. 


(g)  Opt Out. Aperture may use your information to notify you of important changes to the Website, services, and special offers. If you do not want to receive such notices via email, you may use the following options to opt out of receiving future communications at the specified email address: (i) Send an email message to info@aspirited.life with the word "Remove" in the subject field from the email address you want removed; or (ii) Send mail, requesting a specific email address to be removed, to the following postal address: 

Attn: Remove
Aperture Investments, LLC

P.O. Box 1559

Mercer Island, WA 98040


Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers from that email address only. If Aperture has provided any third-party with your email address, Aperture will not be able to remove your from communications from such third-party and you will have to contact the third-party directly with any opt-out request. 


7. Warranty Disclaimer 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APERTURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. APERTURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. APERTURE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APERTURE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


8.  Limitation of Liability

 Third Party Products, Data and Content. The Website may work in conjunction with or rely upon third party products, data and content that are not owned or controlled by Aperture in any way and which are used at Your own risk. Aperture disclaims all liability that might arise from the use of such products, data or content. Aperture does not verify the validity or accuracy of such products, data and content and Your right to use, copy or do anything with such products, data or content is solely at the discretion of the third-party provider of such products, data and content.


Utilization of Website under Dangerous Conditions. Your use of the Website under certain conditions, such as walking, driving or in other conditions where Your attention may be impaired, can lead to Your injury or death or to the injury or death of third parties and You accept all risk associated with such use. Aperture disclaims all liability that might arise from Your use of the Website under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.


IN NO EVENT SHALL APERTURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ANY OF THE ABOVE LIMITATIONS OF LIABILITY, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 


YOU SPECIFICALLY ACKNOWLEDGE THAT APERTURE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 


THE TRANSIT INFORMATION CONTAINED IN AND/OR PROVIDED BY THE WEBSITE INCLUDES INFORMATION PROVIDED BY THIRD PARTIES, AND IS INTENDED FOR PLANNING PURPOSES ONLY. APERTURE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.


The Website is controlled and offered by Aperture from its facilities in the United States of America. Aperture makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 


9.  No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.


10.  Indemnity 

 You agree to defend, indemnify and hold harmless Aperture, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, patent, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. 


11.  Ability to Accept Terms of Use 

By your use of the Website, you affirm that you are either are at least 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, or if a California resident you affirm that you are over the age of 18, as the Website is not intended for children under 13 or California residents under the age of 18. If you are under 13 years of age, or a California resident under the age of 18, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. Anyone under the age of 21 must ask their parents or guardians for permission before using or visiting the Website or sending any personal information to anyone over the Internet. 


12.  Assignment 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aperture without restriction. 


13.  General 

These Terms of Use represents the complete agreement concerning the Websites between the parties and supersedes all prior agreements and representations between them. The Terms of Use may be amended only by a writing executed by both parties. If any provision of the Terms of Use is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and the Terms of Use shall otherwise remain in full force and effect and enforceable. The failure of Aperture to act with respect to a breach of the Terms of Use by User or others does not constitute a waiver and shall not limit Aperture’s rights with respect to such breach or any subsequent breaches. The Terms of Use are personal to User and may not be assigned or transferred for any reason whatsoever without Aperture’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Aperture expressly reserves the right to assign the Terms of Use and to delegate any of its obligations hereunder. The Terms of Use shall be governed by and construed under Washington law (without regard to its conflicts of laws provisions) as such law applies to agreements between Washington residents entered into and to be performed within Washington. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be the State and Federal courts in King County, Washington; User hereby agrees to service of process in accordance with the rules of such courts. 


Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these terms of use are material bargained for bases of the terms of use and that they have been taken into account and reflected in determining the consideration to be given by each party under these terms of use and in the decision by each party to enter into these terms of use.


Questions concerning these Terms of Use should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.

Aperture Investments, LLC

P.O. Box 1559

Mercer Island, WA 98040


Updated: 15 August 2018