Terms of Use

Aurasync Studios, Inc. (“Aurasync” or “we” or “us”) owns, operates and provides downloadable web-enabled applications, each of which may be branded as Chortopia, Advenchores or another brand owned or licensed by Aurasync (each, an “Application”, and collectively, the “Applications”).   

 

Please read these terms of use (THE “Terms”) carefully before DOWNLOADING OR using AN Application. By downloading or using AN APPLICATION, you accept and agree to the Terms and consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy: HTTP://WWW.AURASYNC.COM/#!PRIVACY-POLICY/XKWXA.  IF YOU DO NOT ACCEPT THE TERMS AND PRIVACY POLICY, YOU MAY NOT DOWNLOAD OR use AN application.

 

1. Eligibility

 

Registered accounts are for parents and guardians to use the Applications with their children.  When an account is registered, the parent or guardian can create usernames so that their children may use the Applications. 

 

If you are of the age of majority, you are eligible to register an account with Aurasync.  If you are not the age of majority, you are not eligible to register an account with Aurasync.

 

If you download the Application but do not register an account, or if a username has not been created for you under a registered account, we will limit your use of the Application to certain basic features.  This initial level of features includes the Home Screen and other features and functionality not reserved for users under registered accounts.

 

If you download the Application and register an account, or if a username has been created for you under a registered account, we will enable certain additional features in the Application.  These additional features include the Parent and Kid Sections and other features and functionality reserved for users under registered accounts.

 

By downloading, using, or accessing the Applications, you represent and warrant that you are eligible to do so in accordance with the Terms.

 

2. Account Registration

 

If you are eligible to register an account, you may do so by following the registration instructions provided in the Applications. During the registration process, you must provide your e-mail address, username, and password for your registered account. You are responsible for maintaining the security and confidentiality of your account username, e-mail address, and password for purposes of your use of the Applications and for maintaining your access to the Internet for purposes of your access to certain features and functionality.

 

The authorized account holder (i.e., the natural person) of the email address used to register the account is the registrant.

 

3. Additional Content and Features

 

If you are the registrant, we may make certain additional content and features available through the Applications for a fee.  When you purchase additional content and features from the Applications, we will disclose charges to you before you complete the purchase.

 

Your purchase of access to additional content and features is a payment for a right to download and use as designed such content and features as a part of the Applications.  You acknowledge that additional content and features are not redeemable or subject to refund and cannot be traded for money or other items of value.  We may modify or discontinue additional content and features at any time.

 

We will only accept payment via credit card or other electronic payment service. We or our third party payment processing partner will bill the credit card you provide. All currency references are in U.S. dollars. If the credit card information you provide is invalid for any reason, or if you charge back your credit card for fees due under the Terms, we may suspend or terminate your account or access to all or any part of the Applications.

 

4. Prohibited Conduct; Reservation of Rights

 

You shall not, directly or indirectly through or with one or more other persons, use an Application for any purpose that is unlawful or prohibited by the Terms, or for any other purpose not reasonably intended by us. The Applications are for your personal, noncommercial use and are intended for informational and entertainment purposes only. By way of example, and not limitation, you shall not directly or indirectly through or with one or more other persons:

 

  • use an Application for any unauthorized purpose, or in violation of any applicable law;

  • post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party;

  • abuse, harass, impersonate, intimidate, or threaten any user;

  • post or transmit any content that links to marketing schemes or off-topic content, or otherwise use any information obtained from an Application to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

  • post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment;

  • use any robot, spider, scraper, or other automated means to use an Application for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large  load on our infrastructure;

  • bypass any measures we may use to prevent or restrict access to or use of an Application or otherwise interfere or tamper with our administration or the proper working of an Application;

  • falsify information you disclose to us;

  • reverse engineer, disassemble, or decompile any part of an Application;

  • transfer your account to a third party or allow others to use your personal information or account to use an Application; or

  • take any action that is improper, unfair, or otherwise adverse to the operation of an Application or detrimental to other users.

 

All title, ownership and intellectual property rights in and to the Applications (including parts of the Applications that include additional content and features) are owned by us or our licensors. You acknowledge and agree that the Applications contain proprietary information that is protected by applicable intellectual property and other laws. You may own the physical media on which elements of the Applications are downloaded by you, but we retain full and complete ownership of the Applications.

 

5. Technical Issues

 

We are not responsible for any unavailability or interruptions of an Application due to any of the following:

 

  • periods of time during which we conduct standard maintenance;

  • any user’s violation of the Terms;

  • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, registrations or transactions;

  • technical malfunction of any communication network, hardware or software, or any malfunction caused by a virus, bug, unauthorized intervention, or fraud; or

  • any other act or event , whether foreseen or unforeseen, that prevents us from making an Application available or uninterrupted.

 

6. User Content

 

You understand that content (including any text, graphic, audio, video, or other content) transmitted through an Application by a user (“User Content”), is the sole responsibility of the user who generated such User Content.  You, not us, are responsible for all User Content that you (and that users of usernames under your registered account, if any) transmit through an Application. In no event will we be liable in any way for User Content.

 

With respect to User Content you (and users of usernames under your registered account, if any) transmit through the Applications, you grant us an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, perform, and display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed, in connection with our provision of the Applications to users.

 

We reserve the right, but have no obligation, to pre-screen, refuse, delete, undelete, or modify any User Content, except as otherwise described in the Privacy Policy:  HTTP://WWW.AURASYNC.COM/#!PRIVACY-POLICY/XKWXA.

 

You are solely responsible for your interactions with other users of the Applications. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

7. Feedback

 

Your suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to our offerings and services, including the Applications, are welcomed.  Feedback is voluntary and we are not required to hold it in confidence.  We may use Feedback for any purpose.  You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with our business, including enhancement of the Applications.

 

8. Mobile Networks

 

When you use the Applications through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Applications may be prohibited or restricted by your network provider and not all Applications may work with your network provider or device.

 

9. Termination, Cancellation, and Suspension

 

If we determine, in our sole discretion, that you violated the Terms, we may suspend or cancel your registered account (if any), usernames under your account (if any), or terminate your license to use an Application. Nothing in the Terms prevents us from pursuing other remedies in connection with a violation of the Terms.

 

We may also suspend or cancel your registered account (if any), usernames under your account (if any), or terminate your license to use an Application, in whole or in part, in order to prevent damages to an Application or to comply with any law, court order, or other governmental request.

 

In the event we take any of the foregoing actions, you must delete the Applications from your device(s).

 

10. Release and Indemnity

 

By downloading or using an Application, you release and agree to indemnify and hold harmless us, our vendors and licensors, and each of our and their respective affiliates, subsidiaries, and all of our and our and their officers, directors, employees and agents from any liability, injury, death, loss, or damages to you or any other person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by your download or use of the Applications.

11. DISCLAIMER OF WARRANTIES

 

TO THE EXTENT PERMITTED BY LAW, ALL APPLICATIONS ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR DOWNLOAD TO OR USE OF ANY APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY DOWNLOADING OR USING AN APPLICATION, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU DOWNLOAD OR USE AN APPLICATION. EACH APPLICATION MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR ACCOUNT, USER CONTENT, HARDWARE, SOFTWARE, OR NETWORKS. WE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES. Each Application may include gateways, links, or other functionality that allows you to access third party services (“Third Party Services”) and third party content and materials (“Third Party Materials”). We do not supply and are not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and terms of use. ALL THIRD PARTY MATERIALS AND THIRD PARTY SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIALS, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.

 

12. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR VENDORS, OUR LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS DAMAGES, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THE TERMS OR THE APPLICATIONS. THE TOTAL LIABILITY OF US AND OUR VENDORS, LICENSORS AND SUPPLIERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THE TERMS, THE APPLICATIONS, REGARDLESS OF WHETHER UNDER A CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE APPLICATIONS.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

13. Governing Law; Jurisdiction

 

Certain content and features of the Applications are hosted in the United States.  If you download or use an Application from outside the United States or any other region with laws or regulations governing personal data collection, use, storage, or disclosure that differ from the United States laws, please be advised that through your download and use of an Application, which are governed by U.S. law, you may be transferring personal information to the United States and you consent to that transfer.

 

You represent and warrant that, when downloading, accessing, or using the Application, 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 that you are not listed on any U.S. government list of prohibited or restricted parties.

 

The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Terms and the Applications, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the federal and state courts located in Dane County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon the Terms, or download, access to, or use of an Application, which courts are the exclusive forum for any such suit, action, or other proceeding.

 

14. Severability

 

If any provision of the Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms will not be affected or impaired.

 

15. Entire Agreement

 

The Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the Applications and supersede any prior agreements, oral or written, between you and us.

 

16. Statute of Limitations

 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or your download or use of the Applications that you file against us must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

17. How to Contact Us

 

You can contact us via email brian@aurasync.com or at the following address:

 

Aurasync Studios, Inc.

PO Box, 45441

Madison, WI 53744

 

Please include your name, address, and any other information necessary to respond to you.

 

18. Additional Terms for Apple Users

 

This section applies to you if you download to or use the Applications on an Apple, Inc. (“Apple”) device. 

 

The Terms are concluded between you and Aurasync, and not with Apple.  Aurasync and its licensors, not Apple, are solely responsible for the Applications.  Your use of the Applications on an Apple device is limited to the device that you own or control and as permitted by Apple.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services regarding any of the Applications. 

 

Apple is not be responsible for any claims by you or any third party relating to your download or use of any of the Applications, including but not limited to: (i) product liability claims; (ii) any claim that an Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that an Application or your download or use of an Application infringes on the intellectual property rights of the third party.

 

You agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

 

To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to any of the Applications, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of any of the Applications.

 

19. Changes to the Terms

 

We reserve the right at our discretion to change the Terms at any time. We will post the most current version of the Terms to our website http://www.aurasync.com/#!terms-of-use/k37b6 or within the Applications.

 

If we make a material change to the Terms, we will notify you either by posting a notice on our Website, by posting a notice in the Applications, or by contacting you through the email address associated with your account.

 

Changes will take effect as described in the notice. If you use an Application after the change takes effect, you accept the Terms as modified.

 

 

Last Updated: June 6, 2016