ACCEPTANCE OF THESE TERMS
By using AURLA ("APPLICATION" or “SERVICE”) you accept these Terms and Conditions ("AGREEMENT" or "TERMS"). Agreement applies to all users ("YOU", "USER", or "SUBSCRIBER") who have access and/or use the Application and/or the related website http://www.aurla.app ("SITE"). Unless amended or modified, agreement will remain in effect while you are a user or subscriber. If you do not agree with these Terms and Conditions, do not use the Application. The Application and Site are owned and operated by Dismodern, Inc ("DISMODERN", "COMPANY", "WE", "OUR").
Registration and participation on the Application and the Site is restricted to those individuals over 18 years of age who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Application and/or the Site, you hereby affirm that you are over 18 years of age and have the authority to enter into the terms herein.
DISCLAIMER & PURPOSE
The Application is fully intended for entertainment purposes only. All visuals, feedback, and readings are provided solely for entertainment information, and we do not warrant the accuracy, usefulness, or completeness of the information. By using this application, you agree that you make your own decisions, relying solely on your own discretion; any use you make of such services is at your own risk and Dismodern can not be held responsible or be liable for any damages or losses resulting from your reliance on such information. The site and the services provided by the Application are provided 'as is' with no warranty. The information provided to you should not be used in place of any recommendations by medical professionals or other professional counselors.
LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTY
Dismodern makes no representations or warranties of any kind, express or implied, as to AURLA, its operation, or the information, content or materials included in AURLA; all of which are provided on an “as is” and “as available” basis and only to the extent of any rights held in the materials by Dismodern. To the full extent permissible by applicable law, Dismodern hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose, non-infringement, accuracy or the presence or absence of errors. Dismodern will not be liable for any damages of any kind arising from your use of or inability to use AURLA. You expressly agree that you use AURLA and any included materials or content, solely at your own risk. You also hereby agree to indemnify Dismodern, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys’ fees) resulting from any claim brought by any third party relating to your use of AURLA and any included materials or content. By using materials or content from AURLA, you agree and warrant that your use will not violate the rights of Dismodern or any other person or entity.
RIGHT OF MODIFICATION
Dismodern reserves the right to change, at any time, in its sole discretion, the Terms under which the Application and Site are offered. Use of Application and/or Site constitutes your agreement to all such Terms. You are responsible for reviewing these Terms on a regular basis.
MODIFICATION TO PRICES OR BILLING TERMS
Dismodern reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the Site, the Application, or official 3rd party marketplaces.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide service. Dismodern reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any purchase. While we minimize disruptions in service as much as is reasonable, signal loss and downtime are periodically inevitable and we will attempt to prevent errors or disruptions due to loss of service. Should you have any problems with your ordering process, you agree to contact us to resolve any issues or discrepancies.
TRADEMARKS & INTELLECTUAL PROPERTY
Dismodern, AURLA, and associated trademarks, servicemarks, logos and design elements are owned by Dismodern. All rights reserved. Nothing contained in AURLA should be construed as granting, by implication or otherwise, any license or right to use any trademarks, servicemarks, logos or design elements displayed in AURLA without the express written permission of Dismodern or any third party that may own such marks displayed.
These Terms shall be governed by and construed in accordance with federal law of the United States without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
INTELLECTUAL PROPERTY RIGHTS
All software, design, text, information, data, databases, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements (collectively, "Content") included within the Application and its Site are the property of Dismodern and/or its subsidiaries, affiliates, assignees, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent beyond the terms of this agreement.
You may use the Application only for lawful purposes and in accordance with these Terms. If your access or use of the Application is prohibited by applicable law, then you are not authorized to access or use the Application. We are not responsible if you access or use the Application in any manner that violates applicable law. You agree not to use the Application:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- In a manner that violates the content standards set out in these Terms when you send, knowingly receive, upload, download, use, or re-use any material that violates these Terms or applicable law;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate Dismodern, a Dismodern employee, another user, or any other person or entity (including, without limitation, by using identification information associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm Dismodern or users of the Application or expose them to liability.
Additionally, you agree not to:
- Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application;
- Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material available through the Application;
- Use any device, software, or routine that interferes with the proper working of the Application;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the servers on which the Application are stored, or any server, computer, or database connected to the Application;
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Application.
The license (described in the next section) shall automatically terminate if you violate any of the above restrictions. We may terminate this license for any reason at our sole discretion.
LICENSE & RESTRICTIONS
You are hereby granted a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Application and create imagery solely for your personal, non-commercial, entertainment purposes.
You may not use the Application, or enable anyone else to use the Application, in a manner that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- Bullies, harasses, intimidates, defames, doxes, spams, or solicits any third party; or
- Is illegal.
Any images created through the Application will be considered your personal material so long as you represent and warrant that:
- All material you create through the Application is for non-commercial purposes;
- All material you create does not and will not infringe or violate the rights of any third party or Dismodern;
- All material you create does and will comply with these Terms; and
- You understand and acknowledge that you are responsible for any material you create, and you, not Dismodern, have full responsibility for such material, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any material posted by you or any other user of the Application.
While we’re not required to do so, we may access, review, screen, and delete any of your stored content or information at any time and for any reason, including to provide and develop the Application or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Application.
You may stop using the Application and terminate your account at any time by contacting us. Termination of your account and your access to and use of the Application will not affect any of our rights or your obligations arising under these Terms prior to such termination. In the event you or Dismodern terminates your account, you agree that we may retain your data, including personal and transaction information, for one year from the date of termination for audit and merchant invoicing purposes. Provisions of these Terms that, by their nature, should survive termination of your account and your access to and use of the Application will survive such termination.
For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Application or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. Arbitration is a legal process to resolve disputes which is outside of the court system. In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing thereof. Within 30 days of such notice, both parties agree to use reasonable efforts to attempt to resolve the dispute in good faith. If both parties do not resolve the dispute within 30 days after such notice, the complaining party must seek remedies exclusively through arbitration. The demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in no event may it be made after one year from when the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action. The arbitration will take place in the federal judicial district of your residence. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes.
This section will survive termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at adr.org.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to the services or these terms must be commenced within 1 year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
You agree to indemnify, hold harmless, and (at our request) defend us, our affiliates, and our and their respective employees, officers, directors, and agents, from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys' fees, that arise from any third-party claim due to or arising out of: (a) Imagery and content you create or share through the Application; (b) your use of the Application; (c) your breach or alleged breach of these Terms; (d) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; or (e) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
UPDATED MAY 7, 2020