Terms of Service – AstraTek, LLC
The following terms of service (the “Terms”) constitutes an agreement between you (“user”, “you”) and AstraTek, LLC. (“AstraTek, LLC.”, “AstraTek”, “we”, “our” or “us”). These Terms govern your use of our materials, websites and software provided on websites (including astratekllc.com), mobile platforms (for example, iOS and Android), apps and other materials and services (collectively the “Service”).
Please read these Terms carefully before you start to use the Services. By using the Services (or installing any game or clicking to accept or agree to the Terms when this options is made available to you), you accept and agree to be legally bound by these Terms and our privacy policy, found here (“Privacy Policy”), which is hereby expressly incorporated herein by reference. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms.
BY INSTALLING, REGISTERING FOR, ACCESSING, BROWSING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE OR APPS OR OTHERWISE ACCESS AND USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE SERVICE.
CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to modify, update or replace these Terms of Service by posting the updated terms on the Service at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
Modification of the Terms is effective immediately upon being posted at the Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
We reserve the right to make changes to or update the content of the website and its format, its content and materials published or the format thereof at any time and without and notice. Astratek reserves the right to terminate or restrict access to the service for any reason whatsoever at its role discretion.
YOUR ACCESS TO THE SERVICE
Subject to your agreement and continuing compliance with these Terms and any other AstraTek relevant policies, AstraTek grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own private and non-commercial purposes. You agree not to use the Service for any other purpose.
Except as specifically allowed pursuant to these Terms, you are not entitled to use, copy, store, modify, transfer, distribute, sell, rent or otherwise make publicly available your account, the Service, a part thereof or the material contained therein in any way. Your use of the Service is subject to these Terms and any reasonable instructions provided by AstraTek from time to time.
No devices or connections necessary for the use of the Service are provided subject to these Terms. You are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.
Your Account
You shall not share the account or login information (user ID), nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for anything that happens through your account, including all uses of the login information and purchases made, whether or not authorized by you.
You represent and warrant that the information you provide or provided in connection with registration to, and use of the Services (such as your contact information) is true and accurate. You must keep the password and not disclose it to anyone else. You may not assign or transfer your user ID to a third party and you may not allow a third party to use the Service with your user ID. You are responsible for actions taken by using your user ID until you have informed us of the loss of the password and AstraTek has had a reasonable time to prevent the use of the Service with the User ID.
User Conduct and Enforcement Rights
AstraTek reserves the right to terminate or restrict your access to the Service or a part thereof permanently or temporarily without prior notice if you violate these terms or abuse the Service. AstraTek is entitled to prevent access to the Service if we have reason to believe you are engaged in illegal activity or compromise users or AstraTek’s data security or privacy. You agree that you are responsible for your own conduct and User Content.
Your Content and Conduct
“User Content” means any communication, image, sound, data and information that you upload and transmit through AstraTek Services. By transmitting or submitting and User Content while using the Service, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) is not in violation of any laws, contractual restrictions, or third party rights; (c) does not contain software viruses or any other computer code, files, or programs designed to interrupt , destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) does not consist of any unsolicited or unauthorized advertising, promotional materials or any form of solicitation; (e) could not reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; and (f) you acknowledge that any of your personal information within such content will at all times be processed by us in accordance with our Privacy Policy. We have the right at any time to remove uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms.
You hereby grant to AstraTek an irrevocable, perpetual, transferable, fully paid up, royalty free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service.
Intellectual Property and Ownership Rights
Unless otherwise specified, content published on our service (digital downloads, images, texts, graphics, logos, website, apps) is the property of AstraTek, LLC., and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of AstraTek, LLC., with copyright authorship for this compilation by AstraTek, LLC.
You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent. AstraTek owns and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.
Limitation of Liability
The Service is provided on an “AS IS” basis without warranties of any kind. AstraTek does not warrant that the Service will function without interruption or error-free.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ASTRATEK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ASTRATEK, EVEN IF ASTRATEK OR AN ASTRATEK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ASTRATEK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages
ASTRATEK’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER SERVICE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), IS AT ALL TIME LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT ASTRATEK HAS OFFERED THE SERVICE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ASTRATEK, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ASTRATEK. ASTRATEK WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
No Warranties
THE SERVICES AND THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASTRATEK, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTRATEK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Content
ASTRATEK, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE SERVICE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE APPS AND WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Harm to Your Computer and Other Electronic Devices
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, SOFTWARE, WEBSITE MATERIALS, OR DATA THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR ELECTRONIC DEVICES) OR LOSS OF DATA THAT RESULTS THEREFROM.
Limitations by Applicable Law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Termination
AstraTek reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which time your license to use the Service will be automatically terminated. In such event, AstraTek shall not be required to provide refunds or other compensation to users in connection with discontinued Services.
You may terminate your account at any time and for any reason by contacting us at support@astratekllc.com informing us of your wish to terminate your account.
Privacy Policy
Your privacy is important to AstraTek. Please read the AstraTek Privacy Policy, hereby incorporated into the Terms, carefully for information relating to AstraTek’s collection, use, and disclosure of Your personal information.
Indemnification
You agree to indemnify, defend, and hold harmless AstraTek, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“AstraTek Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Service, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User. AstraTek reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify AstraTek, and You agree to cooperate with AstraTek’s defense of these claims. AstraTek will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Third-Party Services
The Services may be made available to you through third-party services, such as Apple iTunes or Google Play, and may link to or include third-party services or content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services or content. These third-parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Services. Use of any third-party services or Content is at your own risk and is subject to the third-parties terms and conditions. Under no circumstances with AstraTek be responsible or liable in connection with your reliance on or use of third-party services or content.
When using our Services, your device may connect to or utilize third-party networks, and may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Services, including without limitation internet service provider fees, telecommunication fees, test messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Services.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the app. AstraTek may revise the pricing for the goods and services offered to you through the app at any time. You acknowledge that AstraTek is not required to provide a refund for any reason, and that you will not receive money or other compensation when you close your account or when you cease to use the app.