Terms and Conditions
1. Agreement to Terms
Welcome to AuraCast! These Terms and Conditions ("Terms") govern your use of the AuraCast website (www.auracast.com) and its related services, including all podcasts, content, and features (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. These Terms constitute a legally binding agreement between you and AuraCast, located at 123 Queen Street West, Toronto, ON M5H 2N1, Canada.
AuraCast reserves the right to modify these Terms at any time. We will provide notice of any significant changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
2. Use of Services
AuraCast grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. You agree not to use the Services for any unlawful purpose or in any way that could harm AuraCast or its users.
You agree to the following restrictions:
- You will not copy, reproduce, distribute, or create derivative works from any content on the Services without our prior written consent.
- You will not use any automated means (e.g., robots, spiders) to access or collect data from the Services.
- You will not attempt to interfere with the proper functioning of the Services, including by transmitting viruses, malware, or other harmful code.
- You will not impersonate any other person or entity or misrepresent your affiliation with AuraCast.
- You will not engage in any activity that violates the rights of others, including intellectual property rights, privacy rights, or contractual rights.
- You will not upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically offensive.
We reserve the right to suspend or terminate your access to the Services if you violate these Terms.
3. Intellectual Property
All content on the AuraCast Services, including but not limited to podcasts, audio files, text, graphics, logos, and software, is owned by or licensed to AuraCast and is protected by copyright, trademark, and other intellectual property laws. You acknowledge that you do not acquire any ownership rights by using the Services.
The AuraCast name and logo are trademarks of AuraCast. You may not use these trademarks without our prior written consent.
If you believe that your intellectual property rights have been infringed by content on the Services, please contact us at [email protected] with details of the alleged infringement.
4. Disclaimer of Warranties
The AuraCast Services are provided on an "as is" and "as available" basis. We make no warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
AuraCast is not responsible for the content of third-party websites or services that may be linked to from our Services. Your use of such third-party websites or services is at your own risk.
The views and opinions expressed in the podcasts on AuraCast are those of the individual creators and do not necessarily reflect the views or opinions of AuraCast. We do not endorse or guarantee the accuracy, completeness, or reliability of any content on the Services.
5. Limitation of Liability
To the fullest extent permitted by law, AuraCast shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, including but not limited to damages for loss of profits, data, or goodwill. This limitation of liability applies regardless of the cause of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory.
In no event shall AuraCast's total liability to you for all claims arising out of or in connection with the Services exceed the amount you paid to AuraCast, if any, for access to the Services during the twelve (12) months prior to the event giving rise to the liability.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
6. Termination
AuraCast may terminate your access to the Services at any time, with or without cause, and with or without notice. You may also terminate your use of the Services at any time.
Upon termination, all rights granted to you under these Terms will immediately cease. Sections 3, 5, and 7 will survive termination.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the courts of Ontario.
8. Contact Information
If you have any questions about these Terms, please contact us:
AuraCast Legal Department
123 Queen Street West
Toronto, ON M5H 2N1
Canada
Email: [email protected]
Phone: +1 411-408-3563
9. Entire Agreement
These Terms constitute the entire agreement between you and AuraCast with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and AuraCast.
10. Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of AuraCast. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that comes closest to expressing the intention of the original provision.
12. Accessibility
AuraCast is committed to making our Services accessible to everyone. For more information, please see our Accessibility Statement.