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USE OF SITE
Your Acceptance Of The Terms
Eligibility To Use The Services
AG’s products and services offered through the Site are intended for legal use by adults only and are not directed to minors under the age of 13. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by the Terms.
By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
AG reserves the right at all times to discontinue the Services or modify any part of these Terms in its sole discretion. Any changes to these Terms will be effective immediately upon posting. AG suggests that you revisit the Terms regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms page is adequate notice to advise you of these changes, and that your continued use of the Services will constitute acceptance of these changes and the Terms as modified.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AG or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of AG and protected by U.S. and international copyright laws. All software used on, or in connection with, this site is the property of AG or its software suppliers and protected by United States and international copyright laws. Any copying, republication, redistribution, or creation of derivative works based upon AG’s Content, including by caching, framing or any similar means, without the prior written consent of AG is strictly prohibited.
ASTRO GAMING, ASTRO, the “a” Logo, and other graphics, logos, page headers, button icons, scripts, trademarks and service names are trademarks (including trade dress) of AG in the United States and other countries, regardless of whether the marks are registered. AG’s trademarks may not be used in connection with any product and/or service that is not AG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AG. All trademarks not owned by AG that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by AG. AG does not have any authority to permit you to use, in any way, any trademarks not owned by AG.
License and Use of Site
Subject to the Terms, AG hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by AG in advance. Any resale of any goods purchased or otherwise obtained via the Site is a violation of this license and hereby prohibited. This includes advertising or resale on third-party sites like eBay, Amazon and buy.com. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by AG in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by AG in advance. AG reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if AG believes that customer conduct violates applicable law or is harmful to AG’s interests. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of AG.
Accounts and Passwords
AG may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and AG has no obligation to investigate the authorization or source of any such access or use of the Site. Use of a password, coupon code or other access to private information by anyone other than intended recipient is expressly prohibited. This includes sharing, forwarding or otherwise distributing this information in a public venue.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify AG of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Custom Tags Services
As part of its Services, AG allows Users to create and purchase customized speaker tags for your own use featuring content uploaded by you (“Custom Content”) through the Site’s customizer tool (“Custom Tags Services”). Custom Content may include text, graphics, images, and photos.
You acknowledge and agree that you are solely responsible for all Custom Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Custom Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the Custom Content, and to grant AG the rights in such User Content contemplated under these Terms; (2) neither the Custom Content, your posting, uploading, publication, submission, or transmittal of the Custom Content, or AG’s use of the Custom Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your Custom Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Custom Content on and through the Services.
AG reserves the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Custom Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to deny access to any or all of our Services via the Site and to suspend or terminate your account.
You further represent and warrant that you will not upload, post, transmit or otherwise make available any content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available content that contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
You will retain ownership of the Custom Content that you upload to the Site in connection with the Custom Tag Services. By making available Custom Content through the Services, you hereby grant to AG and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as AG may designate from time to time, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use such Custom Content, in all media existing now or created in the future, as AG deems necessary to enable you to use the Custom Tags Services to create, produce and purchase customized products. AG may sublicense the rights that you grant it in this Section to a third party subcontractor for purposes of providing the Custom Tags Services, processing your order, and producing and shipping your customized products.
You will upload the Custom Content that you want to use with the Custom Tag Services in accordance with these Terms and the applicable instructions on the Site. AG may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Custom Tags Services.
AG does not approve, control or endorse your Custom Content and has no obligation to do so. AG does not pre-screen the Custom Content. However, AG reserves the right (but assumes no obligation) to monitor the Custom Content and transactions made through the Site and to remove or modify any Custom Content from the Services at any time, for any reason, and to cancel a transaction, or take any other such action, to restrict the availability of inappropriate or infringing as it deems necessary, in its sole discretion, without any liability from you or any third party.
Reviews and Comments
Except as otherwise provided elsewhere in the Terms or on the Site, anything that you submit or post to the Site and/or provide AG, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and AG shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of AG and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant AG the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by AG will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead AG or third parties as to the origin of any Submissions or content. AG may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
AG respects the Intellectual Property of others. AG will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. We also may terminate access for Users of the Services who are infringers.
Notification of Copyright Infringement
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify AG’s Copyright Agent at email@example.com in a written communication that sets forth the information specified by the DMCA below.
We must receive the following information from you:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
3. A detailed description of where the material that you claim is infringing is located or found on the Service;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
You indemnify and hold harmless AG and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any Terms through any act or omission. If you have to indemnify AG under this Section, AG will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without AG’s express written permission.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AG ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AG DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL AG OR ANY OF ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Customers have within 30 days from the time they receive the product to decide whether or not they want to return the product for a full refund - no questions asked. If the customer decides they want to return the product for a refund within this period, they will need to contact our customer support team to generate an RMA number and shipment instructions.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, AG may, without prior notice to you, immediately terminate the Terms or revoke any or all of your rights granted under the Terms. Upon any termination of the Terms, you shall immediately cease all access to and use of the Site and AG shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
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