Terms of Service
Overview Welcome to Oria. "We," "us," and "our" refer to My Store. My Store operates this store and website, including all information, content, features, tools, products, and services, designed to provide you (the customer) with a curated shopping experience (hereinafter referred to as the "Service"). My Store is powered by Shopify, which enables us to provide the Service.
The following terms and conditions, together with all policies referenced herein (hereinafter referred to as the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and the Privacy Policy, you may not use our Service.
Section 1: Access and Accounts By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Service on devices you own, purchase, or manage. To use the Service, including accessing, browsing, or purchasing any products or services we offer, we may require you to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide at our store is accurate, current, and complete, and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to another person, nor grant any licenses related to your account.
Section 2: Our Products We have made every effort to display our products and services as accurately as possible on our online store. Please note, however, that the color or appearance of products may vary from what is displayed on your screen depending on the type of device you use to access the store and its settings. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, or that they will be exactly as shown in our online store. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3: Orders When you place an order, you are making an offer to purchase. My Store reserves the right to accept or decline your order at its sole discretion, without providing any reason. Your order is only valid once it has been confirmed and accepted by My Store. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as My Store may not be able to accept cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. Your purchases are only eligible for return or exchange in accordance with our Refund Policy. You represent and warrant that your purchases are for your personal or household use only and are not for resale or export for commercial purposes.
Section 4: Prices and Billing Prices, discounts, and promotions are subject to change without notice. The final price of a product or service will be the price in effect at the time you place your order and will be reflected in the order confirmation email you receive. Unless explicitly stated otherwise, posted prices do not include taxes, shipping fees, order processing fees, customs clearance fees, or import duties. Prices posted on our online store may differ from those in physical stores, other online stores, or third-party operated venues. From time to time, we may offer service promotions that could affect pricing and are subject to terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion's terms will prevail. For all purchases made at our store, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping fees, order processing fees, and all applicable taxes, if any.
Section 5: Shipping and Delivery We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for any delays caused by carriers, customs processing, or events beyond our control. Once we deliver the product to the carrier, title and risk of loss pass to you.
Section 6: Intellectual Property Our Service, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by My Store, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material contained in our Service without our prior written consent. Unless explicitly stated otherwise in these Terms, nothing herein shall be construed as granting you a license or other rights to use any patent, trademark, copyright, or other intellectual property of My Store, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. My Store reserves all rights not expressly granted in these Terms. The My Store name, logos, product and service names, designs, and slogans are trademarks of My Store, its affiliates, or its licensors. You must not use such marks without the prior written permission of My Store. The Shopify name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Section 7: Optional Tools As part of the Service, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You assume all risks associated with your use of optional third-party tools offered through the site, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.
Section 8: Third-Party Links The Service may contain materials and hyperlinks to websites (including any embedded third-party features) provided or operated by third parties. We are not responsible for examining, evaluating, or warranting the accuracy of any third-party materials or websites you choose to access. If you decide to leave this Service to access these materials or third-party websites, you do so entirely at your own risk. We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of any goods, services, resources, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9: Relationship with Shopify [To the Merchant: This section accurately describes Shopify's relationship with your store, please do not remove or modify it.] My Store is powered by Shopify technology, which enables us to provide the Service to you. However, any sales and purchases you make on our store are directly with My Store. By using the Service, you acknowledge and agree that Shopify is not responsible for any sales transactions between you and My Store, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of your purchases and transactions with My Store.
Section 10: Privacy Policy All personal information we collect through the Service is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Service, you acknowledge that you have read and agree to these privacy policies. Because the Service is hosted on Shopify, Shopify collects and processes personal information related to your access and use of the Service in order to provide and improve the Service. To provide the Service to you, the information you submit to the Service will be transferred to and shared with Shopify and third parties (including those located in countries outside your country of residence). For more information on how we, Shopify, and our partners use your personal information, please refer to our Privacy Policy.
Section 11: Comments If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media for any purpose (including commercial use). For example, we may use the rights granted under this license to operate, provide, evaluate, optimize, improve, and promote the Service, as well as to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own all necessary rights to the Comments; (ii) you have disclosed any compensation or reward received in connection with submitting the Comments; and (iii) your Comments comply with these Terms. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Section 12: Errors, Inaccuracies, and Omissions Occasionally there may be information on our Service or related to the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13: Prohibited Uses You may access and use the Service only for lawful purposes. You shall not access or use the Service, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) 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 My Store, Shopify, or users of the Service, or expose them to liability. You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) copy, reproduce, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account for violating any of the prohibited uses at any time without notice.
Section 14: Termination We may terminate this agreement or suspend your access to the Service (or any part thereof) at any time, at our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15: Disclaimer of Warranties The information provided on this Service is for general informational purposes only. 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. Except as otherwise expressly stated by My Store, the Service and all products and services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. In some jurisdictions, the exclusion of implied or other warranties is limited or not permitted, so this disclaimer may not fully apply to you.
Section 16: Limitation of Liability To the fullest extent permitted by law, in no case shall My Store, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Section 17: Indemnification You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims (including reasonable attorneys' fees) arising out of or related to: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Service. We will notify you of any claim subject to indemnification, provided that you understand that our failure to promptly notify you does not relieve you of your obligations unless you suffer material prejudice. We reserve the right to assume the exclusive defense and control of any such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes a non-monetary obligation on you without your consent (which shall not be unreasonably withheld or delayed). You shall cooperate in the defense of any indemnified claim, such as by providing relevant documents.
Section 18: Severability In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19: Waiver; Entire Agreement Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20: Assignment You may not delegate, assign, or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
Section 21: Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, and/or local courts of the jurisdiction where My Store is located. Both you and My Store expressly consent to the exclusive jurisdiction and venue of such courts.
Section 22: Headings The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23: Changes to Terms of Service You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective from the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24: Contact Information Questions about the Terms of Service should be sent to us at ytstory@gmail.com.