Please carefully review our dispute resolution section (Section 7), as it requires binding arbitration for all disputes.
No Right to Copy Content
All Content on this Site is protected by copyright. You may not copy, distribute, or transmit any Content except where explicitly encouraged by The Aurora Ensemble for specific purposes and to the extent indicated on the Site.
The Aurora Ensemble provides no warranties. Your use of the Content, vendor listings, tutorials, downloads, recommendations, and suggestions is at your own risk. Links to other websites on the Site are used at your own risk. The Aurora Ensemble does not guarantee uninterrupted access to the Site or that it will remain error-free.
The Aurora Ensemble assumes no liability for loss, corruption, or unauthorized duplication, distribution, or exploitation of User Content. Users are encouraged to retain copies of their User Content, including backups.
“User Content” includes comments, articles, advertisements, listings, or any content you post on the Site. By posting User Content, you grant The Aurora Ensemble a perpetual, worldwide, royalty-free license to create derivative works, copy, distribute, and publicly display or perform your User Content. This license is exclusive for six (6) weeks, becoming nonexclusive thereafter.
You consent to the use of your image, name, or persona in User Content by The Aurora Ensemble, its vendors, customers, licensees, and advertisers.
You warrant that you have the authority to grant these consents and that your User Content is free of claims or rights. You also warrant that you own the copyrights to your User Content or are authorized under those copyrights.
You agree not to post User Content that violates any person’s rights, defames, infringes copyrights, invades privacy, or harasses. The Aurora Ensemble is not obligated to monitor User Content but reserves the right to remove or block any content violating these terms.
Modifications to These Terms
The Aurora Ensemble may modify these Terms at its discretion and will post notices of such modifications on the Site. Your continued use of the Site, including posting User Content, after notice of modifications indicates your acceptance. Pre-existing User Content may be subject to the modified Terms unless removed within thirty (30) days of notice.
No Harmful Activity
You agree not to use the Site for any criminal or wrongful activities that impair its operation. You will not access any data without prior consent from The Aurora Ensemble.
Limitation of Liability
To the maximum extent permitted by applicable law, The Aurora Ensemble Parties (affiliates, licensors, service providers, etc.) will not be liable for any special, incidental, consequential, or exemplary damages related to the Site, Content, User Content, or these Terms. In no event will the aggregate liability of The Aurora Ensemble Parties exceed $50 for all claims.
DISPUTE RESOLUTION: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
This Section 7 is applicable only to residents of the United States of America and holds no force or effect for those residing outside the United States of America.
You and The Aurora Ensemble shall resolve any and all Disputes as follows:
Definition of Dispute: In this Section 7, “Dispute” refers to any disagreement related to these Terms, any amendments or addenda to these Terms, or the subject matter of these Terms. This includes, but is not limited to, disputes arising from contract, tort, statutory, or equity claims that relate to:
- These Terms, the Site, the Content, or the User Content (collectively, the “Contract Subject Matter”).
- The duplication, use, operation, licensing, distribution, sale, advertising, promotion, transmission, provision, or marketing of any Contract Subject Matter.
- Any claims, statements, promises, descriptions, representations, or warranties made in connection with the Contract Subject Matter.
Dispute Resolution: Disputes should first be attempted to be resolved informally. If informal resolution is not possible, the Dispute will be resolved through binding arbitration.
Arbitration: Arbitration refers to resolving a dispute by impartial arbitrators, with their decisions being final and binding. Any Dispute between The Aurora Ensemble and you will be subject to binding arbitration.
No Jury Trial: Both parties agree that there will be no jury trial or any other court proceeding to resolve Disputes. These Terms will be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”), to the maximum extent permitted by applicable law.
Confidentiality: All arbitration proceedings and rulings by the arbitrator will be strictly confidential. Parties may seek injunctive or declaratory relief in court to prevent a breach of this confidentiality provision.
Individual Arbitration: Disputes are personal and must be resolved individually. Class arbitration or representative actions are prohibited. Parties may only pursue individual arbitration.
Arbitration Administration: The American Arbitration Association (“AAA”) will administer the arbitration unless mutually agreed upon otherwise by The Aurora Ensemble and you. If agreement cannot be reached, the AAA or a court with jurisdiction will appoint an arbitration forum or arbitrator.
Arbitration Rules: The arbitration will follow the AAA’s Commercial Arbitration Rules or the rules of an alternative arbitration forum, subject to the following modifications:
- A single arbitrator with legal expertise will be appointed.
- The arbitrator has exclusive authority over procedural and substantive decisions, except for class arbitrations.
- Discovery through interrogatories, depositions, and requests for production will be allowed.
- The arbitrator’s award will be limited by the Limitation of Liability provisions in these Terms.
Attorneys’ Fees: The prevailing party in matters such as compelling arbitration, appealing an arbitration award, or enforcing confidentiality provisions is entitled to recover reasonable attorneys’ fees and costs.
Arbitration Costs: The Aurora Ensemble will pay arbitration costs and fees charged by the AAA, with the possibility of allocating costs as determined by the arbitrator.
Governing Law: If you reside in the United States, these Terms are governed by the FAA and the laws of the state in which you reside, as well as federal law. For non-U.S. residents, these Terms are governed by the laws of South Africa.
Miscellaneous: If any part of these Terms is held invalid, the remaining parts will remain in effect. Notices may be sent electronically. These Terms constitute the entire agreement and supersede all prior communications. No rights under these Terms are conferred upon any party other than the parties and their respective assigns or successors in interest.