Terms of use

These Terms of Service and all other operating rules, policies and guidelines, each of which is incorporated by reference (collectively the “Terms”), govern your access to and use of the Aureal platform, Monetization Services, APIs, email notifications, applications, buttons, widgets, ads and other services (collectively, the “Services”) provided by Aureal (“Aureal”, “we”, “us”, or “our\”) .

This agreement and your acceptance

Our Services are owned, operated and provided by TitanDLT IT Solutions Pvt. Ltd. and its subsidiaries and affiliates (“Aureal,” “our,” “us” or “we”). You agree to these Terms by accessing or using any of our Services. If you do not agree to be bound by all of these Terms, including our Privacy Notice incorporated herein by reference, you should not access or use the Services.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This agreement requires the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Eligibility

In order to access or use the Services, you need to (a) be at or above the age of majority in your province, state, territory or country (often, but not always, 18 years old), or be 13 years or older and have your parent or legal guardian consent to these Terms on your and their behalf; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Aureal is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.

User Submissions

You are responsible for your User Submissions, including without limitation, any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.

Your User Submissions must comply with the following:

  • You may not submit abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Submissions via our Services, or User Submissions that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
  • You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
  • You may not make false or misleading statements.
  • You may not submit private, confidential or sensitive information unless specifically requested by us.

You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage arising from your failure to comply with this Section. You will have the ability to delete your Account, either by following the instructions on the Services or by contacting us.

Ownership

You retain all of your ownership rights in your User Submissions. By submitting information and material via our Services, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part) worldwide for any purpose, and/or to incorporate it in other works and for any purpose and in any form, media, or technology now known or hereafter developed. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose.

Rights you grant to us

We reserve the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms for reasons including without limitation, excessive length. We may, but have no obligation to, at any time, without prior notice and in our sole discretion, remove, edit, block, and/or monitor User Submissions or terminate a user’s access for submitting such material in violation of these Terms.

Third Party Services

When using our Services, you may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the User Submissions of others to the fullest extent permitted by law.

We may provide links to other independent third-party websites (“Linked Sites”) as a convenience to you. If you use these links, you do so at your own risk. We have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third-party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of the same (including the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo and its subsidiaries or affiliates. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.

Termination

We may terminate your access to all or any part of the Services at any time, for any reason, which may result in the forfeiture and destruction of all information, including User Content, associated with your Account. You agree that we will not be liable to you or any third party, including Sponsors associated with your use of the Monetization Services, for any termination of your access to or use of the Services.

If you wish to terminate your Account, you may do so by contacting us.

All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Our Services, including without limitation, Materials, User Submissions, any products or services available on our Services and all the information, software, facilities, services, related communications, and other content therein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including without limitation: (i) warranties of merchantability, non-infringement and fitness for particular purpose; (ii) warranties arising from course of dealing or course of performance; (iii) the accuracy, reliability, usefulness, or completeness of any information contained in our Services; (iv) that access to our Services will be uninterrupted or error-free; and (v) that our Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of our Services, including damages caused by viruses, worms, Trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of our Services.

We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our Services or featured in any banner or other advertising.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys’ fees) made against Aureal by any third party due to, arising out of or in connection with: (i) your User Submission or your use of and access to our Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that your User Submission caused damage to a third party; or (vi) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of our Services.

Limitation of Liability

You agree that you assume full responsibility for your use of our Services and that Aureal\’s liability to you and any party is limited as follows. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results of use of our Services, or any Materials contained in any or all such Services (including without limitation, those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction of, unauthorised access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of Aureal and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to you for any claim under these Terms, whether in contract, tort, or otherwise, is one thousand rupees (Rs.1,000). If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.

All personal sensitive information collected by Aureal shall be stored in accordance with the reasonable security practices, as required by the applicable laws, such as Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the International Standards such as IS/ISO/IEC 270001 on \”Information Technology – Security techniques – Information Security Management System Requirements.\”

Changes to our Terms

We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates to these Terms on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because your use of our Services will be governed by the then-current Terms and Privacy Notice.

Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Governing Law and Jurisdiction

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Application or the Service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Nagpur, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Contact

If you have any questions about the Terms, please email us at aureal.inc@gmail.com

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