Terms & Conditions

These Terms of Use are effective as of May 2019

The following terms and conditions govern all use of the ExperienceAura.io website and all content, services, and products available at or through the website (collectively, the “Website”). The Website is owned and operated by Bandwagon Fanclub Inc. (Bandwagon). The Website is offered subject to your acceptance, on behalf of your organization, of the terms and conditions contained herein including Aura and Bandwagon’s Privacy Policy (collectively, the “Agreement”). Carefully read this Agreement before accessing or using the website because by accessing any part of this Website, you (on behalf of your organization) agree to become bound by the terms and conditions of this Agreement. If you do not agree to all terms, please do not access the Website. Aura/Bandwagon’s Privacy Policy also governs your relationship with Aura.

 

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Aura/Bandwagon Privacy Policy, with this Agreement and with all applicable laws and regulations and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Use of the Website

By accessing the Website, you agree to only use it for purposes permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree that you will not engage in any activity that interferes with or disrupts the Website or servers and networks connected to the Website. You further agree that you will not reproduce, duplicate, copy, sell, trade or resell any aspect of the Website for any purpose. You agree that Aura/Bandwagon has no responsibility for any breach of your obligations under the Agreement or for the consequences of such breach (loss or damages suffered); you are solely responsible. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. Aura/Bandwagon disclaims any responsibility for any loss or harm results from your use of the Website.

 

Intellectual Property

The copyright in all material provided on the Website is owned by Aura or Bandwagon or by the original creator of the material. You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from Aura/Bandwagon or the copyright owner or as may be agreed upon in a Master Services Agreement between us. This Agreement does not transfer from Aura to you any

Aura/Bandwagon or third party intellectual property and all right, title and interest in and to such property will remain solely Aura’s. Aura, ExperienceAura.io, the Aura logo and all other trademarks, service marks, graphics and logos used in connection with ExperienceAura.io are trademarks or registered trademarks of Aura/Bandwagon or their licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or use any Aura/Bandwagon or third-party trademarks.

 

Changes

Aura/Bandwagon reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically. Your continued use of or access to the Website after the posting of any changes constitutes your acceptance of those changes. Any new services and/or features may be offered through the website and shall also be subject to the terms and conditions of this Agreement.

 

Cookies

Aura/Bandwagon may use cookies (a string of information that a website stores on a visitor’s computer and that the visitor’s browser provides to the website each time the visitor returns) to help Aura identify and track visitors, their usage of the Aura Website, and their Website access preferences. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before accessing the Aura Website. Please take note that if you do so, certain features of Aura’s Website may not function properly without the aid of cookies.

 

Termination and Survival

Aura/Bandwagon may terminate your access to all or any part of the Website at any time, without cause, with or without notice, effective immediately. All provisions of this Agreement should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY USER UNDERSTANDS AND AGREES THAT YOU ARE MAKING USE OF AURA’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. AURA/BANDWAGON MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS

PROMISED.  ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN OUR GUARANTEE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURA/BANDWAGON (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY OT ACCESS OR USE THE SITE OR SERVICES; OR (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Applicable Law

Except as otherwise stated, this Agreement will be governed by the law of the State of South Carolina.

 

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full effect. A waiver by either party of any term or conditions of this Agreement or any breach thereof, will not waive such terms or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Aura/Bandwagon may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.