Async Terms of Service
These terms and conditions ("Terms") are a legal contract between you and Doco Studios, Doing Buisness as Async ("Doco Studios", "Async", "we", "our", or "us"). The terms explain how you are permitted to use the Async website (the "Website") or Mobile Application (the "App"), and any other services provided by Async (including the Website and App, the "Services" or "Platform"). By using the website, services, and platform, you are agreeing to the following terms. If you do not agree with them, do not access or otherwise use the services provided by Async.
Changes
Async reserves the right, in sole discretion, to make changes to these Terms at any time. If Async makes any substantial changes to These terms (as defined in Async's sole discretion), you will be notified when you visit the Website.

By using the Platform or any other Async services after the terms have been changed, you are agreeing to the updated terms. If you do not agree with them, you must immediately stop using the Platform and any other Async services.
General Use
By using our services, you agree that you are at least 13 years of age, and if under 18 years of age (a "Minor"), you have received your parent's or legal guardian's permission. If you are the parent or legal guardian of a minor, you hereby agree to bind the minor to these terms and hold harmlessness to Async if any of these terms are breached by the Minor.

If you are under 13 years of age, you may not use the services at any time or in any manner.

Async provides content through our services that is copyrighted and/or trademarked work of Async. This content (the "Materials") may include logos, videos, images, the Website, and other content.

Subject to these terms, as well as your compliance with these terms, Async hereby grants you a limited, non-exclusive, and non-commercial license to use and display the materials and services solely for non-commercial use. Except for the foregoing license, you have no other rights to the Services or Materials, and may not modify, edit, alter, enhance, copy, reproduce, or in any way exploit any of the Services or Materials in any way.

If you breach any of these terms, the above license will terminate automatically, and you must immediately destroy any downloaded, printed, copied, or published materials.
Liability
You are solely responsible for maintaining the confidentiality of your account password, and are solely responsible for any and all activities that occur on your account. You, and not Async, are solely liable for any loss that you may incur as a result of someone else accessing your password or account, with or without your knowledge.

To the fullest extent permitted by law, in no event shall Async be liable for any direct, indirect, special, consequential, or other damages (including attorneys fees and costs of defense) arising from or as a result of the activities that take place on your account.

If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and you represent and warrant that you are authorized by your company to enter into legally binding agreements on behalf of your company.
Mobile Application
Some services are made available via Mobile Applications. You may not (i) modify, disassemble, reverse engineer, or decompile the Application, except to the extend that such restriction is expressly prohibited by law; (ii) make any copies of the Mobile Application; (iii) rent, lease, loan, resell, or sublicense the app to any third-party; (iv) remove, disable, damage, circumvent, or in any other way interfere with security-related features of the app; (v) edit the application in any way.

You acknowledge that Async may issue updated versions of the app that you are using on your mobile device, and that we are under no obligations to continue updating Async.

Standard carrier data charges may apply to your use of the App.

The following terms and conditions apply with respect to any Mobile Application that Async provides designed for use on devices made by Apple, Inc. (the "Apple App"): These terms are between you and Async only, and not with Apple, Inc. ("Apple") Async, and not Apple, is solely responsible for the Apple App and the services, content, and materials made available. You agree and warrant that:
(i) You are not located in a country that is subject to a U.S. Government embargo;
(ii) you are not located in a country that has been designated by the U.S. Government as a "terrorist supporting" country; and
(iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Submissions
You are solely responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds, and any other content or materials that you submit, upload, or make available through the services (each being a "Submission"). We reserve the right to retain your submissions, even after they have been deleted or otherwise hidden. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be liable to you or any other third-party for any lost content or losses related to the deletion of a submission.

You may not upload, post, or otherwise make available on the services any material that is copyrighted, trademarked, or otherwise protected by law without the express permission of the owner of such copyright, trademark, or content protection by law. You agree that the burden of determining whether any material is protected by any such right lies solely with you. You shall be solely liable for any damage resulting from infringement of copyrights, trademarks, proprietary rights, contract violations, privacy or publicity rights, or any other harm resulting from any submission that you make. You have full responsibility for each submission you make, including its reliability, appropriateness, and legality.

Unless otherwise explicitly stated herein or in the Async Privacy Policy ("Privacy Policy", found at https://onasync.com/privacy), you agree that any submission provided by you in connection with the services or provided on a non-proprietary, non-confidential basis. You hereby grant Async a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly preform, publicly display, modify, transmit and distribute each of your submissions, or any portion thereof, in any form, medium, or distribution method, and authorize others with permission to use the submissions. We may modify or adapt your submissions in order to transmit, display, or distribute them over computer networks and in various medias and/or to make changes to the submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or medias.

You agree to pay for all royalties, fees, damages, and any other money you owe any other third-party by reason of any submission posted by you to or though the services. When you provide submissions, you agree that those submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require Async to monitor, police, or remove any submissions or other information submitted by you or any other user.
Unauthorized Activities
When using the Platform, you agree to the following:
  • You may not defame, abuse, harass, threaten, stalk, bully, or otherwise violate the legal rights of others;
  • You may not Be racist, homophobic, or for any other reason bully, harass, or abuse others because of their race, ethnicity, or sexuality;
  • You may not Discuss, incite, or encourage illegal activity;
  • You may not Post anything that is sexually explicit, vulgar, excessively violent, containing gore, or is traumatic or horrific;
  • You may not Post anything that depicts cruelty to animals;
  • You may not post anything that is copyrighted, trademarked, or otherwise protected by law without express permission from the owner of such copyright, trademark, or content protection by law, except to the extent that such restriction is expressly prohibited by law;
  • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You may not Disseminate any unsolicited or unauthorized advertising, including but not limited to promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', affiliate marketing, or any other forms of such soliciting;
  • You may not Use a robot, spider, scraper, or any other automated means to access our services;
  • You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • You may not take any action that imposes, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and
  • You agree that you will not hold Async responsible for your use of the Platform.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post or otherwise interact with our services for any or no reason, and (b) refuse, delete, remove, or hide any submissions, with or without cause and with or without notice, for any or no reason, or for any action that we determine is inappropriate or disruptive to our services or the users of our services.

This provision does not require Async to moderate, police, or otherwise monitor any submissions or other information submitted by you or any other user. Async specifically disclaims any such requirements.
Termination
Async may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submit to Async via the Platform if Async determines that you have violated any provision of these Terms of Service, or for any other reason, or for no reason. If Async disables or deletes your account for the foregoing reasons, you may not create a new account on the Platform. Async may block your e-mail address and Internet protocol address to prevent further registration and account creation.

Upon termination, all licenses granted by Async will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Async shall not be responsible for the loss of such content, nor shall Async be responsible for any costs or losses associated with terminated licenses.
DISCLAIMER
ASYNC AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ASYNC WEBSITE AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER ASYNC, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ASYNC WEBSITE OR PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ASYNC PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ASYNC WEBSITE AND PLATFORM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ASYNC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LOST PROFITS. ASYNC DOES NOT WARRANT THAT THE ASYNC PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ASYNC PLATFORM, ASYNC'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ASYNC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ASYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ASYNC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ASYNC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

ASYNC DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. ASYNC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. ASYNC DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ASYNC SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Export Control
You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws.

You hereby represent and warrant that any Submission offered and/or provided by You via the Platform is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify Async in writing.

Information on U.S. export control regulations can be found on the Commerce Department's website at http://www.bis.doc.gov, the State Department's website at http://www.pmddtc.state.gov and the U.S. Treasury Department's website at http://www.treas.gov/offices/enforcement/ofac/index.shtml.
Governing Law
This Agreement must be interpreted and governed by the law of the United States of America as applicable. If a dispute arises in relation to this Agreement, it must be subject to the exclusive jurisdiction of the courts of the United States of America.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Async are deemed to conflict with each other’s operation, Async shall have the sole right to elect which provision remains in force.

Async’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
Privacy Policy
Please review the Async Privacy policy, available at https://onasync.com/privacy,which explains how we use information that we collect about you. By using our services, you agree that we may use and disclose the information we collect about you as stated in the privacy policy. Without limiting the foregoing, you expressly acknowledge that any submissions or other information that you submit to our services may be viewable by all other users or third parties that have permission to see them.



Last update: September 8, 2020