Astroburn makes this website (the “Site”) including all information, text, directories, data, icons, communications, files, graphics and services available through the Site (collectively, the “Content”) for your use. The site and its content are considered as a subject to these terms and conditions. Astroburn may publish any changes to this document from time to time.
ACCEPTANCE OF TERMS THROUGH USE
By accessing or using this Site in any way, including, without limitation, using or downloading any Content, or merely browsing the Site, you agree to and are bound by the Terms and Conditions. If you do not agree to these Terms and Conditions please do not use this Site. If you breach any of the Terms and Conditions, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms and Conditions must be immediately destroyed. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
USE OF THIS WEBSITE
This Site and its Content are provided for your personal informational use only and may only be used for lawful purposes. By using this Site, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein. You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the Content available on and through this Site (collectively, the “Directory”), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by Astroburn. Any portion of the Directory which is downloaded or otherwise reproduced from this website may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written permission from Astroburn is prohibited and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
You may not post on or transmit through any community, upload or download areas of the Site any Content that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability or (v) otherwise violates any law. You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any Content you upload, post or submit. You also may not undertake any conduct that, in the judgment of Astroburn, restricts or inhibits any other user from using or enjoying the Site, including without limitation, the community areas.
You may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.
Some of the features of this Site, such as forums, require registration. You agree to provide only accurate, complete and updated registration information, and you agree to keep such information current. You may not select and use a user name that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity, or that Astroburn considers to be offensive.
The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/license.
MONITORING
Astroburn has the right, but not the obligation, to monitor the Content of the Site to determine compliance with the Terms of Use and any other operating rules that may be established by Astroburn from time to time. Without limiting the foregoing, Astroburn has the right, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that Astroburn shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASTROBURN, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ASTROBURN, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASTROBURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ASTROBURN LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL ASTROBURN BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.
INDEMNIFICATION
Upon a request by Astroburn, you agree to defend, indemnify, and hold harmless Astroburn and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of Use. Astroburn reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Astroburn in asserting any available defenses.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Astroburn with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Astroburn with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
Astroburn reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.