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Last updated on September 25th, 2008. Welcome to Astro’s website and social utility (collectively, "www.astro12.com" or the “Website"). The Website is operated by H2V Astro 12 Inc.(“Astro” or “We”, as further defined below). By accessing or using the Website or by posting a link on any website(s) owned or operated by or on behalf of you (“You” or “Your”), You signify that You have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not You are a registered member of the Website. You are only authorized to use the Website (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If We do this, we will post the changes to these Terms of Use on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms of Use. Except where stated otherwise, the terms "Astro" and “We” used on the Website and in this Agreement shall be deemed to include H2V Astro 12 Inc.and its affiliates, subsidiaries, successors and assigns. If you do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In Astro’s sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that we may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Astro in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although Astro does not constantly monitor the Website, it nevertheless expressly reserves the right to do so. From time to time, We may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. Astro controls Astro12.com from its offices within the Province of Quebec, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Quebec, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Quebec and acknowledge that You do so voluntarily and are responsible for complying with all local laws. Your privilege to use the Website (including the Astro Community) and contribute to discussions on the Astro Community depends on Your compliance with the community standards and AUP. We may revoke Your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce community standards and the AUP if violations are brought to our attention. Further, if you fail to adhere to the community standards and the AUP, We may terminate, in Astro’s sole discretion, Your use of, or participation in, the Astro Community. For the purposes of this Agreement, the term "Astro Community" means any message board, bulletin board, DVD, CD, or book review exchange or similar activity where You and other users of the Website can communicate. All Astro Community communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Website (including any Astro Community) for adherence to the community standards and the AUP or for any other purpose. You acknowledge that by providing you with the ability to distribute Submissions (as defined below) in the Astro Community, We are acting as a passive conduit for such distribution and We are not undertaking any obligation or liability relating to any Submissions or activities in the Astro Community. Although We reserve the right to remove, without notice, any Astro Community posting for any reason. We have no obligation to delete Submissions that You may find objectionable or offensive. If there is any conflict or inconsistency between these Terms of Use and the Acceptable Use Policy and any rules, policies or guidelines posted on the Website, these Terms of Use will prevail. The User acknowledges that any content, e-mails, postings, offers, software, videos, photos, text, graphics, music, sounds, questions, creative suggestions, messages, feedback, ideas, recipes, notes, drawings, articles, stories or other information, data, materials and opinions (including, without limitation any postings on community forums) ("Submissions") that he or she may provide, e-mail, post, upload or otherwise transmit to the Website shall be deemed and shall remain the property of Astro, including all copyright, without reservation, and User waives in favour of Astro any and all moral rights in such Submissions. Except as provided in the Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on Astro’s part, and We shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the User acknowledges and agrees that all or any portion of the Submissions may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions, without compensation of any kind to the User. When You post Submissions to the Website, You authorize and direct Astro to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the Submissions on the Website. By posting Submissions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Astro an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submissions for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You agree to defend, indemnify and hold Astro, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of Your Submissions. All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Astro or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Astro's prior written permission. Provided that You are eligible for use of the Website and subject to these Terms of Use, You are granted a limited license to access the Website and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for Your own Content, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Astro, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. H2V Astro 12 Books & Music Inc., H2V Astro 12 Inc, H2V Astro 12, Astro Books Music, www.astro12.com, Astro Online and related words, domain names and logos are trade-marks and the property of Astro. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. The material contained on www.astro12.com, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © H2V Astro 12 Inc.ALL RIGHTS RESERVED. The Website contains (or You may be sent through the Website) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Astro, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If You decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Website or relating to any applications You use or install from the Website.Users posting a link to the Website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the forgoing, Users agree not to post a link to any website that does not contain, and does not represent and warrant that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Astro or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold Astro, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties. |