Terms of Service

 

BETA SOFTWARE RELEASE NOTICE, January 29, 2019 - August 14, 2019

IMPORTANT:  THE SERVICE (AS DEFINED BELOW) IS STILL UNDER DEVELOPMENT AND TESTING.  THE SERVICE IS BELIEVED TO CONTAIN DEFECTS AND IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF PROVIDING AUXBUS, INC. WITH FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND THE IDENTIFICATION OF DEFECTS.  YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE. THE POSSIBILITY OF THE CORRUPTION OF DATA OR THE LOSS OF DATA EXISTS. AUXBUS, INC. STRONGLY ENCOURAGES YOU TO BACK UP ALL DATA AND INFORMATION.  YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE SERVICE.

Auxbus, Inc. provides the auxbus.com website (“Auxbus Site”) and its related services (collectively, "Service") subject to your compliance with the terms and conditions (“Terms of Service”) set forth below.  Please read this document carefully before accessing or using the Service. Your access or use of the Service constitutes your agreement to be bound by the Terms of Service set forth below. If you do not wish to be bound by the Terms of Service, you may not access or use the Service and should exit immediately.  Auxbus, Inc. reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service will be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this will constitute your agreement to such modifications.  You may always view the most recent copy of the Terms of Service at http://www.auxbus.com/termsofservice. Violation of any part of the Terms of Service may result in termination of your account.

Assent to Be Bound

By clicking the “I ACCEPT” checkbox in the Auxbus app, or by otherwise using this Service, you agree to be bound by the terms of this Agreement.  If you do not agree with any term or condition, do not use the Service.

 

Account Terms

  • You must be 18 years or older, or get a parent or guardian’s approval to use this Service.

  • You must provide your full legal name, a valid email address, and any other required information to complete the signup process.

  • You must be a human.  Accounts registered by “bots” or other automated methods are not permitted.

  • You are responsible for maintaining the privacy and security of your account.  Auxbus, Inc. will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

  • You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).​

General terms and conditions

  • Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  You assume total responsibility and risk for your use of this Service.

  • You must not modify, adapt or hack the Service.

  • You may not use the service to store, host, or send unsolicited email (e.g., spam) or SMS messages.

  • You understand that the Service can be used for transmission of your content, and that during processing, your content, including audio files, video files, file meta data, users names, email addresses and passwords, may be transferred unencrypted over the internet.

  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Auxbus, Inc. employee or officer will result in immediate account termination.

  • You may not use the service to transmit any viruses, worms, or malicious content.

  • You understand that Auxbus, Inc. uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  • You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Auxbus, Inc.

  • Auxbus, Inc. makes no warranties regarding:

    • your ability to use the Service;

    • your satisfaction with the Service;

    • the Service being available at all times, uninterrupted, and error-free; and

    • bugs or errors in the Service being corrected.

  • Auxbus, Inc., its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service.  Your sole remedy for dissatisfaction with the Service is to stop using the Service.

  • If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

  • The failure of Auxbus, Inc. to exercise any right provided for herein will not be deemed a waiver of any right hereunder.  The Terms of Service sets forth the entire understanding between you and Auxbus, Inc. as to the Service and supersedes any prior agreements between you and Auxbus, Inc., including, but not limited to, prior versions of the Terms of Service.

  • Technical support is only provided via email and any questions regarding the Terms of Service should be addressed to support@auxbus.com.​

Modifications to the Service

Auxbus, Inc. reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.  Auxbus, Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Episode Submission Terms

By submitting an episode, you waive the right to make any claim against Auxbus, Inc. or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the episode, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights and any right of attribution you may have in any materials uploaded or sent to us by you.

You represent and warrant that your episode will:

  • be true, accurate, current, complete and not misleading;

  • not be fraudulent or involve counterfeit or stolen information or items;

  • not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights;

  • not create any liability for Auxbus, Inc. or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders; and

  • not violate any law, statute, ordinance or regulation.

In addition, you agree to maintain and promptly update your episode by means of the Service in order to keep that information true, accurate, current and complete.

You also represent and warrant that:

  • you own or have the necessary licenses, rights, consents and permissions to use and authorize Auxbus, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your episode to enable inclusion and use of the episode in the manner contemplated by the Terms of Service; and

  • you have any and all necessary written or implied consents, releases, or permissions of each and every identifiable individual person in the episode to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the episode in the manner contemplated by the Terms of Service.

 

User-Generated Content Disclaimer

Auxbus, Inc. does not and cannot review all content posted to or created by users accessing the Service (including, but not limited to, the Auxbus Site), and is not in any manner responsible for the content of these communications or the activities of these users.  You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Service (including, but not limited to, the Auxbus Site), Auxbus is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users' activities.  Accordingly, Auxbus, Inc. does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content.

Auxbus, Inc. and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Auxbus Site for inappropriate content.  You understand that by using the Auxbus Site or Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Auxbus, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Auxbus Site or Service.

Auxbus, Inc. and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

Notwithstanding the foregoing, Auxbus, Inc. reserves the right to block or remove communications, postings or materials that it determines to be:

  • abusive, defamatory, or obscene;

  • fraudulent, deceptive, or misleading;

  • in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another; or

  • offensive or otherwise unacceptable to Auxbus, Inc., in its sole discretion.

 

Copyright and Ownership

Auxbus, Inc. or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation.  You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Auxbus, Inc. or its suppliers own. Auxbus, Inc. claims no intellectual property rights over the content you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your content.  All content posted on the Service must comply with U.S. copyright law. Auxbus, Inc. does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

 

Cancellation and Termination

You alone are responsible for the proper cancellation of your account.  You may cancel your account at any time by clicking Cancel in the Service's billing page.  This provides a simple link to cancel your account at any time. Email requests to cancel your account will not be deemed cancellation.  Your account and all of its content will be deleted immediately upon your cancellation of the Service. This information can NOT be recovered once it has been deleted.

Auxbus, Inc. reserves the right to modify, suspend, or terminate your account and refuse any and all current or future use of the Service for any reason at any time with or without notice.  Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account.  Auxbus, Inc. may refuse service to anyone for any reason at any time.