Terms of Use

Effective Date of Terms of Use: September 30, 2020

 

These Terms of Use apply to astrahouse.com and all other websites, applications, and online services that link to these Terms of Use, however accessed and/or used (collectively the “Sites”). The Sites are owned and operated by Astra Publishing House, Inc. or its parents, subsidiaries, and affiliates (collectively “APH”, “we”, “us”, or “our”).

Please carefully read these Terms of Use before using our Sites.  By using our Sites, you accept and agree to be bound by the conditions set forth herein. If you do not agree to these Terms of Use, you should not access or use the Sites.

 

Privacy Policy

Please review our Privacy Policy  which also governs your use of the Sites and our privacy practices.

 

Additional Terms of Service

Please be aware that when you purchase services and products from us, you may be required to review and agree to additional terms relating to such services and products.

 

Adult Content

The Sites are not directed to children and we will not knowingly collect personally identifiable information from children under 13.

 

Intellectual Property of APH

All material included in or made available through the Sites, including but not limited to text, graphics, photographs, images, logos, button icons, images, service names, audio clips, digital downloads, data compilations, and software is the property of APH, its authors, or its content suppliers. All elements of the site, including but not limited to the compilation of all material included in or made available through the Sites and the general design of the site, are the exclusive property of APH, its authors, or content suppliers, and protected by U.S. and international copyright, trademark, trade dress, patent, and other laws related to intellectual property rights.

You may not copy, modify, reproduce, download, or distribute in any way, in whole or in part, any material made available through the Sites without the prior written permission of APH or as expressly provided in these Terms of Use. You also may not create any works that are derived from material included on our Sites.

 

Limited License

Subject to your compliance with these Terms of Use, APH grants to you a limited, personal, non-exclusive, non-commercial, revocable, non-transferable, non-sublicensable license to access, view, and listen to the material on the Sites. You may also download material from the Site, subject to you (a) keeping all copyright and other proprietary notices attached to the downloaded material, and (b) not copying any object code associated with the Sites or reverse engineer, modify, or attempt to discover any source code associated with the Sites. You also agree not to use data mining, robots, or similar data gathering and extraction tools to extract data or other materials from copy, or distributer the material on the Sites. All rights not expressly granted to you in these Terms of Use are reserved and retained by APH or its authors and other content providers.

 

Electronic Communications

When you use the Sites, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on these Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Account

If you decide to register as a member of one of our Sites, you may need to set up a personal account, which will include the creation of a username and password, and you may be required to provide a valid payment method to be associated with such account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that all registration data provided with such account will be true, accurate, current, and complete. If any data provided is not true, accurate, current, or complete, APH may suspend or terminate your account and further limit or restrict entirely the use of the Sites in the future.

 

Submissions

Our Sites may provide you with an opportunity to post reviews, comments, photos, videos, and other communications; and submit suggestions, ideas, comments, questions, or other material (collectively “Submissions”).  You agree that any Submissions you make shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), discriminatory, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. APH reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post Submissions, and unless we indicate otherwise, you grant APH a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media. You grant APH the right to use the name that you submit in connection with such Submissions, if we so choose. You represent and warrant that you are over the legal age to contract and have the right to enter into this agreement regarding the Terms of Use, you own or otherwise control all of the rights to the Submissions that you post; that use of the Submissions you supply do not violate this policy and will not cause injury to any person or entity; and that you will indemnify APH for all claims resulting from Submissions you supply. APH has the right but not the obligation to monitor and edit or remove any activity or content. APH takes no responsibility and assumes no liability for any content posted by you or any third party.

If you wish to submit any content for consideration for publication, please refer to the rules and additional guidelines posted on the Sites, as applicable. Please note that APH and minedition currently do not accept unsolicited submissions of works for consideration for publication, and you will not receive any response from APH or minedtion if you submit works for consideration for publication.

 

Promotions

The Sites may contain or offer contests, sweepstakes, or other promotions, which may be governed by our Privacy Policy and a separate set of rules that describe such promotions and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

 

Links to Other Websites

In our sole discretion we may provide links to third-party content and websites, including links for the convenience of locating related information and services or for advertising purposes. When you click on a link, you could be directed to a site beyond our control and may have different terms of use and privacy policy notices which you should review carefully. You acknowledge that we are not responsible for any content or services of any such third party, their policies, the content of their sites, their information collection practices, or their advertisements or endorsements. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site.

 

Employment Opportunities

From time to time, APH may post employment opportunities on the Sites. If you choose to submit your name, contact information, resume and/or other personal information to APH in response to employment listings, you are authorizing APH to utilize this information for all lawful and legitimate hiring and employment purposes. APH also reserves the right, at its sole discretion, to forward the information you submit to its affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Sites shall constitute a promise by APH to interview, hire, or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Sites constitute a promise that APH will review any or all of the information submitted to it by users.

 

Intellectual Property Complaints

APH process notices of alleged infringement which it receives and will take appropriate actions as required by law. If you believe that your intellectual property rights are being infringed, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site.
  4. Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.

APH’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Jonathan Lyons, Esq.
Lyons & Salky Law, LLP
1216 Broadway
New York, NY 10001

Telephone: (212) 548-4535
E-mail: jlyons@lyonsandsalkylaw.com

 

Disclaimer of Warranties and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY APH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. APH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, APH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APH DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM APH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, APH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

Indemnity

You agree to defend, indemnify and hold harmless APH and its employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Sites, your breach or alleged breach of this Terms of Use or our Privacy Policy,or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

Applicable Law and Disputes

You agree that any dispute arising under, relating to or in any way connected with these Terms of Service and the Sites shall be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be entirely performed therein. Any suit, action, claim, or proceeding arising out of or in any way related to these Terms of Service and the Sites may only be brought in a court of record (local, state, or federal) in the State of New York, and you consent to jurisdiction of the said courts of New York.

 

Notices and Revisions

As our business changes and evolves, our Terms of Use may change. You acknowledge that any such changes are at the sole discretion of APH. You should check this page frequently to see recent changes and updates. Your continued use of the Sites after such changes constitutes your acknowledgement and agreement to such changes.

 

Miscellaneous

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.

We may in our sole discretion suspend or terminate your account with APH at any time if you violate any of these Terms of Use.

 

Contacting Us

If you have any questions or suggestions with respect to this Terms of Use, please email us at ahinfo@astrahouse.com.