You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which restrict or inhibit any other user from using and enjoying the Services; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Astral reserves the right to modify or stop the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Astral may post on the Astral Website notice of such changes to the Services. It is your responsibility to review the Astral Website for any such notices. You agree that Astral shall not be liable to you or any third party for any modification or cessation of the Services.
Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the Services are the property of Astral. Astral retains all rights with respect to any of their respective intellectual property appearing in the Services. All contents of the Services are: Copyright 2017 Astral Buoyancy Company, all rights reserved.
In the event you provide any content (e.g., product reviews) through the Astral Website, you affirm, represent, and warrant that you have the necessary rights, ownership, and permissions to submit such content. Further, you grant to Astral a non-exclusive, royalty-free, transferable, sub-licensable worldwide license to use, adapt, display, publicize, re-format, revise, distribute, and otherwise fully exploit your content in any format and through any channel. Astral reserves the right to remove, edit, and modify your content at any time and for any reason without notice.
Astral does not review or accept unsolicited submissions of designs, ideas, or inventions, regardless of format, from individuals who are not employed by or contracted with Astral. Accordingly, you should not post any such submissions to the Astral Website or share them with Astral in any manner. If you do share such submissions with Astral, Astral shall be entitled to use, copy, and/or commercially exploit such submissions without payment to you regardless of whether you attempted to bind Astral as to the confidentiality of your submissions.
The Services are for your personal and non-commercial use only. You will not reproduce, resell, or distribute the Services for any purpose. You will not offer or use the Services on a timeshare basis, use the Services to generate income, or use the Services for the development, production, or marketing of a service or product substantially similar to the Services. You shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASTRAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, ASTRAL MAKES NO WARRANTY THAT
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE SERVICES;
(II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE;
(III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTRAL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AND MEMBERS (THE “ASTRAL PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE ASTRAL PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR INABILITY TO USE THE SERVICES
(II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF;
(III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
(IV) ANY OTHER MATTER RELATING TO THE SERVICES; AND
(V) PARTICIPATION IN A GIVEAWAY. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, THE ASTRAL PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE ASTRAL PARTIES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.
You understand that, by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Services at your sole risk, and Astral and its affiliates, licensors, service providers, content providers, employees, agents, officers, directors, shareholders, managers and members shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
In addition to any excuse provided by applicable law, Astral shall be excused from liability related to the Services arising from any event beyond Astral’s reasonable control, whether or not foreseeable by either party, including but not limited to: acts of God, terrorism, war, fire, accident, adverse weather, governmental act, or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
You acknowledge that the Services, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.