Terms of Service

Last Updated: April 23, 2025

1. Introduction

Welcome to The Auracles. These Terms of Service ("Terms") govern your use of our website, https://theauracles.xyz/ (the "Site"), and the purchase of any products or services from us. The Auracles ("we", "us", or "our") was founded in Los Angeles as a creative agency that utilizes various art mediums to tell the story of our culture, pushing the culture forward through innovative design and craftsmanship.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Site or use our services.

2. Eligibility

By using the Site and agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your state, province, or country of residence, whichever is greater
• You have the legal capacity to enter into a binding agreement with us
• You will use the Site in accordance with these Terms
• You are not prohibited from receiving products or services under applicable laws

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Upload invalid data, viruses, worms, or other malicious software through the Site
• Use any device, software, or routine that interferes with the proper working of the Site
• Use the Site for any commercial solicitation purposes without our prior written consent

4. Products and Services

4.1 Product Descriptions

We strive to describe our products as accurately as possible. However, we do not warrant that product descriptions, colors, information, or other content on the Site are accurate, complete, reliable, current, or error-free.

4.2 Pricing and Availability

All prices are shown in USD and are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.

4.3 Custom Products

Many of our products are custom-made. By placing an order for custom products, you acknowledge that:

• Production and delivery times may vary
• Custom products are created specifically for you and cannot be returned except in cases of defects or damage

5. Orders and Payment

5.1 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit order quantity, refuse service to anyone, or cancel orders at our sole discretion, including due to pricing or other errors.

5.2 Payment

We accept various payment methods as indicated on the Site. You represent and warrant that:

• The credit card or payment information you supply is true and complete
• Charges incurred by you will be honored by your credit card company or payment provider
• You will pay all charges incurred by you at the prices in effect when such charges are incurred

5.3 Taxes

You are responsible for any sales tax, duties, or other governmental taxes or fees associated with your order.

6. Shipping and Delivery

For complete information on shipping and delivery, please refer to our Shipping Policy.

7. Returns and Refunds

For complete information on returns and refunds, please refer to our Return and Refund Policy.

8. Intellectual Property Rights

8.1 Site Content

The Site 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 The Auracles, its 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.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Site or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Site or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

9. User Content

9.1 Submissions

If you submit any information or content to the Site, including reviews, comments, or suggestions ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

9.2 Representation and Warranty

You represent and warrant that:

• You own or control all rights in and to the User Content
• All User Content is accurate and does not violate these Terms
• The User Content does not infringe upon or violate the rights of any third party

10. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

11. Disclaimers

11.1 Warranty Disclaimer

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

11.2 Accuracy Disclaimer

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the service will be accurate or reliable.

12. Limitation of Liability

IN NO CASE SHALL THE AURACLES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS 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 SERVICES OR 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.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Auracles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Severability

If any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitute 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.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

17. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, United States, without regard to its conflict of law provisions.

18. Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

19. Contact Information

Questions about the Terms of Service should be sent to us at:

The Auracles 240 W 37th Place Los Angeles, CA, 90011 United States Email: hello@theauracles.xyz Phone: (646) 980-4300