Terms of Service
Thanks for choosing to use Aurora.cam (“Aurora”). The Aurora service is provided by Geeks in the Woods, LLC. ("GITW", “We”, “Our”) located at 2200 Western Ave, Suite 200, Seattle, WA 98121. By using the Aurora service, you are agreeing to the following Terms of Service (these "Terms"). These Terms confirm and clarify respective rights and obligations between GITW and you in connection with your access to and use of the Aurora service.
You and GITW agree as follows:
GITW IS WILLING TO AUTHORIZE YOUR ACCESS TO THE AURORA SERVICE ONLY UPON THE CONDITION THAT YOU ACCEPT THAT THESE TERMS GOVERN YOUR USE OF AURORA. BY SELECTING THE "SUBSCRIBE" BUTTON OR BOX (OR THE EQUIVALENT) OR INSTALLING OR USING THE AURORA SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ORGANIZATION (IF BEING ACQUIRED FOR USE BY AN ENTITY) OR AS AN INDIVIDUAL, AND AGREE TO COMPLY WITH THE TERMS THAT APPLY TO YOUR ACCESS AND USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT SELECT THE "ACCEPT LICENSE AGREEMENT" BUTTON OR BOX (OR THE EQUIVALENT) AND DO NOT DOWNLOAD, ACCESS, OR USE THE AURORA SERVICE.
These Terms apply to you if you are: (i) an "End User" accessing and using Aurora and the Aurora service. References to "you" and "your" refer to any End User, as applicable.
Use of Aurora
End User License
We grant you a limited license to use Aurora to share content and connect with other users online in accordance with these Terms. End Users will not: (i) use Aurora in a way that violates the terms of any Publisher Site; or (ii) use the Aurora service to stalk, harass, harm another person, or violate the law.
You must be at least eighteen (18) years old to use Aurora.
Certain functionality provided by Aurora are provided to you free-of-charge. Other functionality requires payment before you can access them. The Aurora functionality that may be accessed after payment are is referred to as the “Premium Service” plan (the “Paid Subscriptions”). The Aurora functionality that does not require payment is currently referred to as the “Basic Service” plan.
The Premium Service plan may not be available to all users. If you cancel your subscription to the Premium Service plan, or if your subscription to the Premium Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Premium Service. Note that the Premium Service may be discontinued in the future, in which case you will no longer be charged for the Service.
Payments and cancellations
Paid Subscriptions can be purchased directly from Aurora by paying a monthly subscription fee. When you register for a Paid Subscription, you consent to get access to the Premium Service immediately.
Your payment to GITW will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
Subscription for the Premium plan will be automatically paused from April 30 (end of the aurora season) to August 31 (start of next aurora season). Subscriptions will be unpaused on September 1. Since subscriptions for the Basic plan are free, there is no billing to be paused.
The subscription will automatically renew on the same day each proceeding month. E.g. an End User subscribed to a monthly plan on the 2nd of the month will always be billed on the 2nd.
If you believe you are entitled to receive a refund of any monies paid to GITW, please contact us through details on our Company page.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
We may change the price for the Paid Subscriptions and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Taxes and Late Payments
Payment amounts under this agreement do not include Taxes, and End User shall pay all Taxes applicable to payments between the parties under this agreement.
Any amount not paid when due will bear interest from the due date until paid ata rate equal to 5% per month or the maximum allowed by Law, whichever is less.
Term and termination
The Agreements will continue to apply to you until terminated by either you or GITW. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. GITW may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, or non-compliance with the Agreements. If you or GITW terminate the Agreements, or if GITW suspends your access to the Service, you agree that GITW shall have no liability or responsibility to you, and GITW will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
To learn how to terminate your subscription or close your account, please review our Support page or contact us through details on our Company page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Applicable Levels. GITW shall provide the Service to End User with a System Availability of at least 90% during each calendar month.
System Maintenance. GITW may take the Service offline for scheduled maintenances that it provides End User the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and change its schedule of maintenances on five (5) business day written notice to End User.
End Users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”).
You promise that, with respect to any User Content you post on Aurora, (1) you have the right to post such User Content, and (2) such User Content, or its use by GITW as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by GITW, entity or individual without express written consent from such individual or entity.
We may, but has no obligation to, monitor, review, or edit User Content. In all cases, We reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Our sole discretion, violates the Agreements. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at Our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. We are not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST GITW RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD GITW HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Content shared- or linked-to via Aurora may contain references or links to third-party materials and services (including Publisher content) not owned or controlled by GITW or its partners and subject to other terms and conditions which you should review. Your dealings with such third parties found through the Aurora are solely between you and the third party and such dealings are governed by the relevant terms and policies of such third party. YOU AGREE THAT GITW WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS OR AS THE RESULT OF SUCH THIRD PARTIES APPEARING ON THE AURORA SERVICE.
Disagreements and Disputes
Your use of Aurora may bring you into contact with other users (whether End Users or Publishers), and their content. You are solely responsible for your involvement with other users and GITW shall not be liable for any involvement by you with other users, including for any direct, indirect, special or other consequential damages arising out of or in connection with such disputes.
Publishers and End Users will not (and will not permit any third party to):
- conduct, promote, or advertise any item, good, or activity while using Aurora that violates the law;
- upload, distribute, post, transmit, or make available through Aurora or provide GITW with, any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically, or otherwise objectionable;
- attempt to reverse engineer, change, disrupt, interfere with or jeopardize Aurora, or otherwise attempt to derive the source code of Aurora, downloadable code,or other code or software related to Aurora;
- modify, change, or alter in any way, the proprietary content of any third party using the Aurora;
- use Aurora in any manner which interferes with the performance or functionality of the Aurora APIs or the Aurora website or any website or app;
- attempt to gain access to secured portions of Aurora to which you do not have a right to access;
- use Aurora to load or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use any automatic, electronic, or manual process to access, search, or harvest information from Aurora, or to interfere in any way with the proper functioning of Aurora;
- use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on or via Aurora;
- conduct, promote, or advertise any item, good, or activity while using Aurora that violates the terms of service of any Publisher Site; and
- conduct, promote or advertise any item, good, or activity while using the Aurora service that GITW determines, in its sole discretion, is inappropriate to be promoted through the Publisher Site or the Aurora service.
Changes to the Aurora service
We may change or discontinue the Aurora with or without notice at any time. GITW will not be liable to anyone if GITW changes or discontinues the Aurora. If you object to any changes to the Aurora, your sole recourse will be to stop using the Aurora. Your continued use of the Aurora service following changes represents your acceptance of such changes.
GITW owns all rights, titles, and interests, including intellectual property rights in and to the Aurora service, the technology used to create and run the Aurora service, and GITW software code and any GITW-owned work product, reports, or other output or results, derivatives designs, methods, inventions, know-how, techniques, applications, or other materials or technology, or any enhancements to the foregoing, that GITW makes available to you in connection with these Terms.
If you would like to report a violation of these Terms, please email: legal @ geeksinthewoods.com
Registration and Security
The Aurora service allows you to create an account with Aurora, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password, and are responsible for anything that anyone does while logged in to your account. You are required to let GITW know immediately if you suspect that someone is using your account without your permission. GITW is not responsible for any loss or damage arising from your failure to comply with these obligations.
Warranties and Disclaimers
GITW develops its products and services using a commercially reasonable level of care. However, there are certain promises GITW does not make about the Aurora service provided under these terms. GITW PROVIDES AURORA AND THE AURORA SERVICE "AS IS". GITW DOES NOT MAKE ANY COMMITMENTS OR PROVIDE WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF AURORA, THE FUNCTIONS OF THE AURORA SERVICE, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF THE AURORA SERVICE. TO THE EXTENT PERMITTED BY LAW, GITW DISCLAIMS ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THESE TERMS.
Changes to These Terms
We may change these Terms from time to time. You should review these Terms regularly and it is your responsibility to do so. GITW will post the "as of date" for these Terms on the bottom of this page. Any changes to these Terms will not apply retroactively and will become effective for your use of the Aurora service ten (10) days after they are posted on this page. Any changes made to these Terms which are required by law will become effective immediately. If you do not agree to any change in the Terms, you will stop using the Aurora service. Your continued use of the Aurora service following changes to these Terms represents your acceptance of those changes. You may not assign these Terms, or any part of them, to any other party, without GITW’s prior written authorization.
Certain content, information, or software you access through the Aurora may contain GITW's confidential information. Without limiting the foregoing, all non-public information and materials (including any fee information if you are paying for the Aurora service) relating to the Aurora service is GITW's confidential information ("Confidential Information"). You agree to protect Confidential Information by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit, or transfer Confidential Information to any third party or use Confidential Information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Confidential Information, whether or not deemed trade secret under applicable law, remain in effect until the particular information becomes publicly known through no direct or indirect action by you.
Disputes and Indemnification
Please read this section carefully because it affects your legal rights. We hope that you won’t have any problems when you use Aurora. If you do, We ask that you review customer support or email us at: support @ aurora.cam
However, if there is a problem that GITW can’t fix, and you have any claim, cause of action, or dispute (a “claim”) involving Us (including Our officers, directors, affiliates, employees, agents, successors, and assigns) that arises out of or relates to these Terms, you must bring that claim within one year, unless a longer period is required by law. If you don’t, you’ll lose the right to bring the claim.
The laws of the State of Washington (notwithstanding any conflict of laws rules) will apply to these Terms and your use of Aurora. You agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You may not assign your rights under these Terms or otherwise assign to anyone else any claims that you may have regarding Aurora. If you or anyone else brings a claim arising out of or relating to your use of Aurora, you agree to indemnify GITW and hold GITW harmless from any claims, losses, expenses, damages, and costs (including attorneys’ fees) that GITW has in connection with any such claim. If you have a dispute with someone else relating to GITW, you release GITW from any liability arising out of or relating to that dispute.
Limitation of Liability
To the maximum extent permitted by law, we are not liable for any damage arising out of or relating to your access, use, misuse, or inability to use Aurora or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. We will not be liable for any special or consequential damages, including lost profits, even if we have been advised of the possibility of those damages. Our aggregate liability to you in connection with any claims arising out of or relating to Aurora will be limited to the greater of $100 or the total amount that you paid to us over the past three (3) months. If a law restricts Our ability to limit liability, the limitations listed above may not apply to you. In that case, We limit Our liability to the greatest extent permitted by applicable law.
Other than as stated in this section or as explicitly agreed upon in writing between you and GITW, the Agreements constitute all the terms and conditions agreed upon between you and GITW and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Service may be governed by additional agreements. That could include, for example, access to the Service as a result of discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
These Terms are the entire agreement between you and GITW related to the Aurora service and supersede any prior or contemporaneous agreements. If an order is placed under these Terms, and there is a conflict between these Terms and the order terms, the terms of the order govern. These Terms govern our relationship regarding your use of the Aurora service and they do not create any third-party rights. If GITW takes no action for your failure to comply with any part of these Terms, it does not mean that GITW is foregoing or giving up any rights described here.
If any part of these Terms is unenforceable, that will not affect the enforceability of any other part of the Terms. These Terms are governed by the laws of the State of Washington and you agree to submit to the exclusive jurisdiction of, and venue in, the courts in King county in Washington in any dispute arising of or relating to these Terms. Legal notices to GITW must be sent by certified mail to: Geeks in the Woods, LLC., 2200 Western Ave, Suite 200, Seattle, WA 98121, Attention: General Counsel, Legal Department.
Cookie means a file that is saved on a computer or device when the computer or device communicates with a server, which uses the Cookie to retrieve information about that computer or device and its users.
Personal Information means information defined as personally identifiable or personal data by the Rules of the jurisdiction in which a particular individual (made known to GITW by an End User or Publisher, or through the Aurora service) resides.
Service Provider Platform means a software application, or mobile device application (app) on which the Aurora service is enabled or used.
System Availability means the percentage of minutes in a month that the key components of the Service are operational. Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from scheduled maintenance, events of force majeure, malicious attacks on the system, issues associated with End User computing devices, local area networks or internet service provider connections, or GITW's inability to deliver services because of End User's acts or omissions.
Effective Date: December 17, 2018