TERMS OF SERVICE
Last updated: 06/03/2019
1. Introduction
Welcome
to Couch Potato Studios (“Company”,
“we”, “our”, “us”)! As you have
just clicked to our Terms of Service, please make a pause, grab a cup of coffee
and carefully read the following pages. It will take you approximately
20 minutes.
These
Terms of Service (“Terms”, “Terms of Service”) govern your use
of our mobile application auxen operated by Couch Potato
Studios.
Our
Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages. Please read it here http://couchpotatostudios.com/auxen-privacy-policy.html.
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you
have read and understood Agreements, and agree to be bound of them.
If you
do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at [email protected]
so we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
Thank
you for being responsible.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing at.
3. Fee
Changes
Couch Potato
Studios, in its sole discretion and at any time, may modify Subscription fees
for the Subscriptions. Any Subscription fee change will become effective at the
end of the then-current Billing Cycle.
Couch Potato
Studios will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of Service after Subscription fee change
comes into effect constitutes your agreement to pay the modified Subscription
fee amount.
4. Refunds
Except when required by law, paid Subscription fees are
non-refundable.
5. Content
Content found on or through this Service are the property
of Couch Potato Studios or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
6. Prohibited
Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
(a)
In
any way that violates any applicable national or international law or
regulation.
(b)
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
(c)
To
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d)
To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e)
In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(f)
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
(g)
To
modify or create derivative works based on the Spotify Platform, Spotify Service
or Spotify Content.
Additionally,
you agree not to:
(a)
Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b)
Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c)
Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d)
Use
any device, software, or routine that interferes with the proper working of
Service.
(e)
Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f)
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g)
Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Take
any action that may damage or falsify Company rating.
(i)
Decompile,
reverse-engineer, disassemble, and otherwise reduce the Spotify Platform,
Spotify Service and Spotify Content to source code or other human perceivable
form.
(j)
Otherwise
attempt to interfere with the proper working of Service.
7. Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service.
Google
Analytics
Google Analytics is a web analytics
service offered by Google that tracks and reports website traffic. Google uses
the data collected to track and monitor the use of our Service. This data is
shared with other Google services. Google may use the collected data to contextualize
and personalize the ads of its own advertising network.
For more information on the privacy
practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the
Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided
by Google Inc.
You may
opt-out of certain Firebase features through your mobile device settings, such
as your device advertising settings or by following the instructions provided
by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more
information on what type of information Firebase collects, please visit the
Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Service
is intended only for access and use by individuals at least eighteen (18) years
old, or be thirteen (13) years or colder and have your parent or guardian’s
consent to the Terms, and have the power to enter a binding contract with us and
not be barred from doing so under any applicable laws. By accessing or using
any of Company, you warrant and represent that you are at least eighteen (18)
years of age, or thirteen (13) and have a consenting parent or guardian, with
the full authority, right, and capacity to enter into this agreement and abide
by all of the terms and conditions of Terms. If you are not at least eighteen
(18) years old or thirteen (13) and have a parent or guardian’s consent, you
are prohibited from both the access and usage of Service.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
9. No
Use By Non-Spotify Users
Service is
intended for access and use by individuals who are Spotify users. By accessing
or using Service, you warrant and represent that you are a Spotify user and
abide by Spotify’s Terms and Conditions of Use. If you are not a Spotify user,
you are prohibited from both the access and usage of Service
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
10. Intellectual
Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of Couch Potato Studios and its licensors. Service
is protected by copyright, trademark, and other laws of the United States.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of Couch Potato Studios.
11. Error
Reporting and Feedback
You may provide us either directly at
[email protected] or via third party sites and tools with
information and feedback concerning errors, suggestions for improvements,
ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree
that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
The third party sites and tools mentioned above include
the following:
Firebase
Crashlytics
Firebase
Crashlytics is bug reporting service provided by
Google Inc.
You may
opt-out of certain Firebase features through your mobile device settings, such
as your device advertising settings or by following the instructions provided
by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more
information on what type of information Firebase collects, please visit the
Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
12. Links
To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Couch Potato Studios.
Couch Potato
Studios has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Couch Potato
Studios SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB
SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS ON BEHALF OF SPOTIFY AND EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES WITH RESPECT TO THE SPOTIFY PLATFORM, SPOTIFY SERVICE, AND SPOTIFY
CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY BENEFICIARIES (E.G SPOTIFY), AND
AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Termination
We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
16. Governing
Law
These Terms shall be governed and construed in accordance
with the laws of State of California without regard to its conflict
of law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
17. Changes
To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
18. Amendments
To Terms
We may amend Terms at any time by posting the amended
terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting
of revised Terms means that you accept and agree to the changes. You are expected
to check this page frequently so you are aware of any changes, as they are
binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of Terms will continue in full force and
effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
21. Contact
Us
Please
send your feedback, comments, requests for technical support:
By email: [email protected].
