Users of any age may access the Website, but none of the Astro Gaming Offerings is intended for use by persons under the age of 13. In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts. If you submit information on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your use of the Astro Gaming Offerings will not violate any law or regulation.
Description of Service
Use of the Astro Gaming Offerings
If you sign up on the Website to become a subscriber to the free email newsletter offered by Astro Gaming (the “Newsletter”), you will receive the Newsletter in your inbox at the email address you used to register. You may unsubscribe from the Newsletter at any time by following the directions in each Newsletter.
You are responsible for maintaining the confidentiality of any orders you place through the Website, including the invoice number of each such order, and are fully responsible for all activities that occur under any such invoice number with or without your knowledge. You agree to notify Astro Gaming of any breach of security. Astro Gaming cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Restrictions on Use
You understand and agree not to use Astro Gaming to:
- Participate in communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
- Use the Astro Gaming Service for any illegal purpose, including but not limited to conspiring to violate laws;
- Falsely state, impersonate, or otherwise misrepresent your identity or your past or present affiliations with a person or entity;
- Transmit or otherwise make available any content or participate in communications that include information that you do not have the right to disclose or make available under any law or contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Transmit or otherwise make available any content or participate in communications that infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Transmit or otherwise make available any material that contains 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;
- Stalk or harass any person or entity;
- Manipulate identifiers and/or headers in order to disguise the origin of any communication transmitted through the Astro Gaming Offerings;
- Post content in fields that are not intended for that content, such as putting an address in a name or title field;
- Interfere with or disrupt the Astro Gaming Offerings or servers or networks connected to the Astro Gaming Offerings, or disobey any requirements, procedures, policies or regulations of networks connected to the Astro Gaming Offerings.
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, the Website, the content included therein or any other part thereof. You also agree not to "frame" or otherwise simulate the appearance or function of the Website. Furthermore, you agree not to take any action that interferes with the functionality of the Website or places an unreasonable load on our infrastructure, including but not limited to attempting to gain unauthorized access, or transmitting or activating computer viruses.
Prices and Payment
You agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding taxes, the import and export of goods, and the transmission of technical data exported from the United States and the country in which you reside.
Astro Gaming, Inc. and our licensors own all of the intellectual property and other rights, including copyrights, in and to the Website and all of its contents, including the products offered for sale and the design thereof (the “Content”). You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the Content. Trademarks, logos and service marks displayed on our site are our registered and common law trademarks. Your use of and access to the Astro Gaming Offerings does not grant you any license or right to use any of the Content.
You understand that by submitting any communications through the Astro Gaming Offerings or otherwise providing materials to us, you are granting to us a royalty-free, perpetual, irrevocable license to use this information in any manner in the course of offering the Astro Gaming Offerings. Furthermore, you understand that we retain the right to reformat, excerpt, or translate any materials submitted by you.
Links to Third Party Sites
You may encounter hypertext links to websites operated by parties other than Astro Gaming during your use of the Services and on the Astro Gaming website. Astro Gaming does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Astro Gaming website does not imply any endorsement by Astro Gaming of the material on such website or any association with their operators.
Limitation of Liability
Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE ASTRO GAMING OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE ASTRO GAMING OFFERINGS OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.