These are the Terms of Service (“Terms”) for Aura which govern your access to and use of the Aura websites, our mobile applications, and all other digital and online services provided by Aura (collectively, the “Services”). Please note your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Please be aware that these Terms constitute a binding legal agreement between you and Aura outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.
You may use the Services only if you can form a binding contract with Aura and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits, and you must not use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of Aura’s Privacy Notice at https://auraframes.com/privacy. These Terms apply to you if you access or use the Services, whether or not you have registered for an account with Aura or are using the Aura mobile application. By using the Services you agree you accept the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Aura may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Aura knows you care about your privacy. Any information you or other users provide to Aura or which we collect about you or others is subject to our Privacy Notice. To learn more about how Aura collects, uses, shares, and secures your information, please review Aura’s Privacy Notice at https://auraframes.com/privacy, which is incorporated into your agreement with Aura by this reference.
The Services is intended for legal use by adults only and is not directed to children under the age of 16. You may not use the Services in any manner if you are under the age of 16 and any registration by anyone under 16 is void. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 16 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your use of the Services is in compliance with any and all applicable laws and regulations.
By using the Services, you represent, warrant, and covenant:
Registering for an Aura Account: In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an “Aura Account”) and become a registered user of the Services (a “Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Aura Account you register, and for any actions that arise from or take place using your Aura Account, whether or not you have authorized such actions or use; and (5) immediately notify Aura of any unauthorized use of your Aura Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Aura Account.
Your Aura Account Information: You may not select or use an Aura Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Aura; or (4) that, in Aura’s sole discretion, is offensive, vulgar, or obscene. Aura reserves the right to refuse registration of an Aura Account, or cancel any account name, in its sole discretion.
Aura’s Access to the Services: Aura maintains the right to suspend or disable your access to the Services and any Aura Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Aura otherwise determines such action is warranted. Aura reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established an Aura Account or are a Registered User.
Deleting Your Aura Account: You may delete and cancel your Aura Account and your access to the Services at any time by contacting Aura at the phone number or email address below and requesting that your account and the associated photos be deleted. Doing so will remove your photos from our servers and from any frames to which you have contributed them. Please note that merely deleting the Aura mobile application from your phone or tablet will not delete your photos from the Services and will not cancel your Aura Account. Once you request account deletion, we will no longer store or use your content or information. Please further note that certain information and content may persist for some time in caching, backup, and archival copies and in our internal records relating to use of our Services.
Aura provides a print subscription service called Aura Analog, which may be purchased separately from our digital frames. When you subscribe to Aura Analog, you pay upfront for three months of service (by way of example, with monthly service priced at $7.99, you will pay 3 x $7.99 or $23.97 total upfront), plus any applicable sales tax. Aura will immediately send you a free Analog frame to hold your prints.
After your purchase, you will receive an email that provides instructions for signing up for the print subscription service. You should enter your own mailing address if you want the prints sent to you, or the address of a person to whom you’re planning to give the frame if you’d like them to receive the prints on an ongoing basis.
When you pay for the initial period of the subscription, Aura will store your credit card information to be used for recurring billing of the subscription.
Each month Aura will select five photos to be printed. You can accept those photos or substitute other photos from your collection or from photos that have been added to the frame by other contributors. The first set of five photos will be sent by Aura immediately after frame activation and your approval of the prints in the Aura app. Each additional set of five photos will then be sent on the one-month anniversary of the initial set of prints.
After your initial period (usually three months), Aura will charge you $7.99 each month on or about the date that the latest prints are sent out. You can cancel your subscription at any time by using the Aura app or visiting https://auraframes.com/.
If you give the frame as a gift, you can continue to select the prints each month and pay for the monthly subscription on an ongoing basis. However, you can also transfer the subscription (including either or both of the photo-selection process and the payment method) to another Aura user. To do that visit https://auraframes.com/.
For answers to questions about the Analog subscription service visit https://auraframes.com/help/support/introducing-aura-analog.
The Aura Analog Frame is only available for purchase in the United States.
As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Aura as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all images, photographs, video, text, links, graphics, music, software, audio, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “Aura Content” means Content that Aura makes available to you through the Services, including Content owned by Aura or licensed to Aura from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. Aura uploads User Content from Users phones to Aura’s servers, but Aura does not own this User Content. “Collective Content” collectively refers to all of the Content available through the Services.
All Aura Content is owned by Aura or its third-party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of Aura Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Aura Content, including by caching, framing or any similar means, without the prior written consent of Aura is strictly prohibited.
The Services and the Aura Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Aura and its licensors exclusively own all right, title and interest in and to the Services and the Aura Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Aura Content. Aura or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Aura Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Services is common law and/or registered copyrights, trademarks, and/or trade dress of Aura.
You should assume that everything you read or see on the Services — other than your and your friends’ photographs — is copyrighted or otherwise protected and owned by Aura, or a third party who licensed the right to use such content to Aura. Unless otherwise expressly noted, nothing that you read or see on the Services or other Aura Content, or any of the source code or HTML code that Aura uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Aura or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Aura’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
Aura is not the publisher or speaker of User Content or any information on the Services provided by third-party content providers, and Aura is not liable for any claims related to such information. Any mention in the Services of products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Aura. Aura assumes no responsibility for those products or services.
Aura’s License to You
Subject to your compliance with these Terms, Aura grants you, to the extent, it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Aura, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Aura at any time without notice and with or without cause.
Aura grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Aura mobile application (the “Application”) and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application on an Apple-branded product that runs Apple iOS; and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Your License to Aura
The Aura Services allow Users to upload User Content to the services, primarily photographs. By uploading User Content to the Services you grant Aura a license to use the User Content to provide the Services and display your photographs via the Services. This license is an irrevocable, worldwide, perpetual, non-exclusive, and royalty-free license, to utilize the User Content, in whole or in part, solely for the purpose of providing the Services. These same rights are also granted to Aura’s subsidiaries, affiliates, successors, and assigns. Your grant of this license to Aura does not change your ownership of rights to that User Content, which you continue to own. Aura does not claim ownership rights in your User Content.
You agree that you are solely responsible for all User Content that you make available through the Services, including that you own or have the necessary rights to upload that User Content. By uploading User Content to the Services you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Aura the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Aura’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
Aura respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Aura will also terminate a User’s account if the User is determined to be a repeat infringer.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
Notifying Aura of Copyright Infringement
To provide Aura with notice of an infringement, you must provide a written communication to the attention of “Aura: DMCA Notification Department” at email@example.com that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
Providing Aura with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Aura: DMCA Counter Notification Department” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
September 1st - 14th 2019 Sale Terms & Conditions: Offer valid September 1st, 2019 at 12:01AM PDT through September 14th. 2019 at 11:59PM PT, valid online only. Offer not valid in any other location besides auraframes.com. Cannot be combined with any other offers or promotions. Offer has no cash value and is not valid on previous purchases or the purchase of physical or digital gift cards. Discount only applies to the Modern Frame in Slate, Stone or Stardust. Only valid in the United States.
July 15th & 16th 2019 Sale Terms & Conditions: Offer valid July 15th, 2019 at 12:01AM PT through July 16th. 2019 at 11:59PM PT, valid online only. Offer not valid in any other location besides auraframes.com. Cannot be combined with any other offers or promotions. Offer has no cash value and is not valid on previous purchases or the purchase of physical or digital gift cards. Discount only applies to the Modern Frame in Slate, Stone or Stardust. Only valid in the United States.
If you have any questions, please contact us at email@example.com.
Aura may employ third-party advertising and marketing to deliver ads, information, and other promotions to you outside of the Services, such as on third-party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from Aura. Aura may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis.
Aura and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, the “Aura IP”). The Aura IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Aura IP, including use of any the Aura IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by Aura. The Aura name, the Aura logos, and designs, and the product and service names associated with the Services are trademarks of Aura or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Aura IP for purposes not directly related to your use of the Services.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Aura shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
As part of your use of the Services, you may be asked to elect to receive certain email notifications from Aura and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Aura related to the Services. You may opt out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.
You consent to receive from Aura all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices”) electronically. Aura may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in Aura’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Aura and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.
Aura may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Aura may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
Aura may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
Aura may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Aura account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Aura using the information below. You are solely responsible for your interactions with other Users of the Services. Aura reserves the right but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Aura. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Services are controlled and operated by Aura from within the United States. Aura makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
You shall indemnify and hold harmless Aura its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
You acknowledge that Aura has no control over, and no duty to take any action regarding: (1) which Users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release Aura from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Aura makes no representations concerning any content contained in or accessed through the Services, and Aura will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Aura makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Aura cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Aura makes no representation or warranty of any kind with respect to the use of Services or the use or accuracy of the information on the Services.
USER ACCESSES THE SERVICES AT HIS OR HER OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY AURA ARE HEREBY DISCLAIMED. NEITHER AURA NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AURA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL AURA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER AURA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Aura as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The Terms, including the incorporated Aura Privacy Notice, constitutes the entire agreement between Users of the Services and Aura regarding Users’ use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.
Waiver & Severability
The failure of Aura to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Aura. Aura may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Services. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Aura may modify these Terms of Service from time to time. The most current version of these Terms will govern your use of the Services and will be located at https://auraframes.com/terms. We will notify you of material changes to these Terms by posting a notice at the Services. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.
Updated October 2019