PRIVACY POLICY

 

ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, PT’S SERVICES OR PRODUCTS. THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH PT, AND USE OF THE SERVICES AND PRODUCTS, AS DEFINED BELOW, PROVIDED TO YOU BY PT. YOU ARE HEREBY ASKED TO ACCEPT THESE TERMS OF USE AND MAY USE THE SERVICES AVAILABLE ON THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THIS WEBSITE, SERVICES AND/OR PRODUCTS INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE, PT’S USE OR PRODUCTS.

 

 

THESE TERMS OF USE INCLUDE PT’S PRIVACY POLICY LOCATED AT: http://privacy.astra.mobi WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING PT’S PRIVACY

 

 

Acceptance of Terms of Use

 

 

This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is a legal agreement between you, either an individual or an entity (“You” or “User”), and PT, regarding the Services, as defined below. PT makes these websites www.astra.mobi and all related and affiliated PT’s websites and domains included therein (together, “Website”), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and Services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any PT services and/or downloading purchasing any products, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you.

 

 

If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future PT services or visit PT’s or its affiliates’ websites or obtain any products or services, whether free of charge or for payment, of PT or any business affiliated with PT, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.

 

 

These Terms of Use may be amended by PT at any time and upon notice given by one or more of the following means:

o upon notice given to you after you log in to your Account (as such term defined below);

o by email communication to the email address provided by you when you set up your Account or otherwise on record for your Account; or

o by written mail communication to the address on record for your Account.

·

You will be given the opportunity to opt-out, provided that, if you choose to opt-out all or part of the Service may no longer be available to you. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Service (the “Content”) or transactions concluded through the Service. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use. PT reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. PT reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

 

 

The following restrictions and conditions apply to the use of Service and creating and maintaining the Account:

o You shall not create an account in connection with the Service (an “Account”), or access Service if you are under the age of 13;

o You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;

o You shall not create an Account or use Service if you are a convicted sex offender;

o You shall not use Service if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals;

o You shall use your Account only for non-commercial purposes;

o Unless otherwise agreed to by PT in writing, you shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;

o You shall not have an Account or use Service if you have previously been removed by PT or previously have been banned from playing any PT’s games or use PT’s other products;

o You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without PT’s written permission;

o You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without PT’s consent; and

o You shall not use your Account to engage in any illegal conduct.

·

 

Notwithstanding the foregoing, PT may refuse to provide Services to any person for any reason or no reason whatsoever.

 

 

Account Information

 

 

When creating or updating your Account, you may be required to provide PT with certain personal information, including but not limited to your name, birth date, gender, e-mail address, mailing addresses, location, login and password. This information will be held and used in accordance with PT Privacy Policy at: http://privacy.astra.mobi. You agree that you will supply accurate and complete information to PT, and that you will update such information promptly.

 

 

You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.

 

 

During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:

o You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;

o In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify PT and modify your Login Information;

o You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

o You are solely responsible for any unauthorized use of your Account.

·

 

PT reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party’s rights.

 

 

Location Identification and Use

 

 

Please note that in order to provide our Service, PT collects information about your location and shares it with other users. Our use of location-specific information enables you to use our Services in the most effective way. When you use our location-specific Services (using either our web-based or mobile-based applications), we collect and process information about your actual location, via GPS signals sent by your mobile device or received from your web browser. We may also use other technologies to determine location, based on nearby Wi-Fi access points, satellites, or cell towers. Additional information regarding your location and that of other users will be collected and saved by PT, and may include: your mobile device identification number, web requests, IP and web addresses, domain names, search terms, pages viewed, page features, number of clicks, as well as the dates, times, and results of searches.

 

 

Warranties and Disclaimers

 

 

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. PT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. PT DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY PT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by PT in writing, contractors, agents, dealers or distributors of PT or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

 

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PT OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

 

The Website may contain references to specific PT products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and services and products contained therein, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, services and products at your own risk.

 

 

IN NO EVENT SHALL PT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF PT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST PT PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO PT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

 

 

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

 

 

Your Warranties

 

 

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO PT IN CONNECTION WITH THE SERVICE IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF USE AND PROVIDE LICENSE AS SET FORTH IN SECTION (LICENSE TO YOUR CONTENT); (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PT; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF USE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY PT, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

 

 

Any and all products downloaded or purchased from this Website is further subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using PT’s Services, You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We are committed to protecting the security of our Service. We use a variety of security technologies and procedures. Our data networks are protected by industry standard firewall and password protection systems and our security policies are periodically reviewed and enhanced as necessary. However, you should be aware that no data transmission over the Internet can be guaranteed secure. As a result, while we strive to offer a safe environment for our users, we cannot guarantee the security of any information you transmit to us and to other users of the Service and you use our content, products, and Services at your own risk.

 

 

Use of the Services by You

 

 

You agree to use the Services only for purposes permitted by the Terms of Uses as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by PT. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

 

 

Your Passwords and Account Security

 

 

PT may require you to have a user name and password combination in order to use certain Services the Website and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) PT collects, uses, discloses, manages and stores. You agree and understand that you are responsible for maintaining the confidentiality of user names and passwords, if any, that are associated with any Account you use to access the Services. Accordingly, you are solely responsible to PT for all activities that occur under your Account. Additionally, you may not use anyone else’s Account at any time, without the permission of the account holder. PT is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by PT or another party due to someone else using your Account or password. If you become aware of any unauthorized use of your password or of your Account, please notify PT immediately at info@astra.mobi

 

 

You agree that you will not, under any circumstances:

 

 

a. Engage in any act that PT deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our game rules, game mechanics or policies;

b. Make improper use of PT’s Services, including, without limitation, by submitting false abuse reports or using profane and abusive language in your communications with our personnel or other users; or

c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any PT game experience;

e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any PT game experience;

f. Without PT’s express written consent, modify or cause to be modified any files that are a part of the Service;

g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service, Website or any PT game environment (each a “Server”); or (2) the enjoyment of the Service or any PT games by any other person;

h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or

i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by PT, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

l. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a PT employee;

m. Use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

n. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or

o. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

p. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Use;

r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about PT game characters, elements, or environment. PT may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

u. Bypass any robot exclusion headers or other measures PT employs to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by PT;

w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by PT; or

x. Copy, modify or distribute rights or content from any Site or game, or PT’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use;

y. Solicit or attempt to solicit personal information from other users of the Service;

z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or

aa. Upload or transmit or attempt to upload or transmit, without PT’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

 

 

You understand that while at times you may “earn” ”buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, currency, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together, “Virtual Items”); these real world terms are only being used as a shorthand descriptions of virtual items and shall have no cash value. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency, any property or their equivalent but you may acquire or purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Use shall be deemed a completed transaction upon receipt of your direct payment or redemption of an PT game card or a third party virtual currency. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value or monetary value, but instead constitutes a measurement of the extent of your license.

PT is the owner, licensee or a holder of necessary rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any PT game, whether “earned” in a game or “purchased” from PT, or any other attributes associated with an Account or stored on the Service.

PT prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by PT in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without PT’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

 

Purchases

 

In the Service you may purchase, with “real world” currency a license to use Virtual Items and or other goods or Services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.

Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.

You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. PT keeps records of transactions in order to deal with any subsequent queries. Facebook Credits that you purchased or otherwise obtained from Facebook are subject to Facebook’s terms and conditions and PT is not a party to those agreements or transaction relating thereto.

 

 

For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by PT when PT makes the Virtual Items available on your account for you to use in our games or debit your credit card, whichever comes first.

Your license to Virtual Items for use in PT games is a service provided by PT that commences upon acceptance by PT of your purchase or redemption of third party virtual currency (e.g. Facebook Credits). By ordering a license to use Virtual Items you agree and accept that PT will provide you with the Virtual Items upon completion of the purchase transaction. If you reside in the European Union and you purchase a product or service from PT, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period"”). However, you lose your right of withdrawal if the performance of the services commenced prior to the last day of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from PT, your right of withdrawal is lost as the performance of our services begins promptly once your purchase transaction is completed.

 

Term

 

The term of this Term of Use (“Term”) shall begin when you start using the Services and shall continue in perpetuity unless otherwise terminated by PT by written notice. PT expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, this Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Use, You must immediately cease using the Services including without limitation any use of PT’s trademarks, trade names, copyrights and other intellectual property.

 

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.

 

Links to Other Sites and Third Party Materials

 

This Website may provide links to other websites and/or third party products and services that are not under the control of PT (together, “Third Party Materials”). PT shall not be responsible in any way for the content of such Third Party Materials. PT provides such links only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by PT of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Use shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

 

Language of the Terms of Use

 

Where PT has provided you with a translation of the English language version of the Terms of Use into another language, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with PT. If there is any contradiction between what the English language version of the Terms of Use and the translation, the English language version shall control.

 

 

Fee; Payments.

 

All rights and privileges provided herein to You under this Terms of Use are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to PT, provided however, that PT expressly reserves the right to provide the Service free of charge during the Term, and further provided, that PT, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Service for a fee.

 

 

Intellectual Property

 

 

Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with PT and/or its licensors. Unless otherwise specifically provided herein or authorized by PT in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.

 

 

PT hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. PT disclaims any proprietary interests in the intellectual property rights other than their own.

 

 

Feedback

 

 

You may from time to time provide suggestions, comments or other feedback to PT with respect to any product, material, software or information provided by PT (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for PT. However, PT shall not disclose the source of any feedback without the providing party’s consent. PT shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any PT’s privacy policies posted on this Website.

 

 

Notice and Procedure for Making Claims of Copyright Infringement

 

 

It is PT’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PT’s Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying PT and its affiliates that your copyrighted material has been infringed.)

o An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

o A description of the copyrighted work that You claim has been infringed upon;

o A description of where the material that You claim is infringing is located on the Website;

o Your address, telephone number, and e-mail address;

o 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;

o 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.

PT Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:​
Email: info@astra.mobi​



Information and Materials Provided By You


Unless otherwise specifically provided herein, any materials or information submitted to, sent through or in connection with this Website by you (i.e. Your Content), will be treated as non-confidential and non-proprietary, and immediately become the property of PT, subject to Privacy Policy. PT may use Your Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.


However, in the event Your Content by operation of law is of proprietary nature, you hereby grant PT and PT accepts a non-exclusive and fully transferable, sublicensable and assignable royalty free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of PT’s Service and/or Website (to “Use”) Your Content in connection with the PT’s Service, on the PT’s or its affiliates’ websites in connection with PT’s products and Service pursuant to the terms and conditions of this Terms of Use with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the “License”).


Notwithstanding anything to the contrary herein, PT reserves the right to remove Your Content or any part thereof at any time and for any reason, including but not limited to claims by a third party that Your Content violates such third party’s rights in any way.


Contests, Sweepstakes, Auctions, and Promotions

From time to time, PT may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.

Software

Software made available for downloading from or through this Website, or any other third party distributors (e.g. Apple’s iTune,GooglePlay or Microsoft’s Window Store) is licensed subject to the terms of the applicable end use license agreements. Both the Software and any accompanying documentation is the copyrighted work of PT or its licensors. You must agree to the terms of the applicable end user license agreement prior to use of the products (i.e. games) made available by PT through this Website.
Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by PT in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. PT HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.


Without limiting the foregoing, PT makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.


Software Updates


The Services which you use may automatically download and install updates from PT. These updates are designed to improve, enhance and further develop the Services and/or products and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit PT to deliver these to you) as part of your use of the Services.


Publicly-Edited Sections


This Website may contain pages or sections which may be edited by and are visible for all visitors of this Website and/or use the Services, including but not limited to forums, chats, guestbooks, comments and image galleries, (“Publicly-Edited Sections”). Any notes, postings, ideas, suggestions, concepts, or other material submitted to Publicly-Edited Sections will become the property of PT and PT shall be entitled to use such material for any type of use whatsoever in perpetuity, including in any media whether now known or hereafter devised.

Discretion should be used in entering personally identifiable information within Publicly-Edited Sections, as it may be collected by third parties. Use of personally identifiable information contained in the Publicly-Edited Sections, and your options regarding our use of this information, are subject to PT’s privacy policies posted on this Website.

PT reserves the right to modify and/or delete any message submitted to the Publicly-Edited Sections, at its sole discretion, at any time and for any reason, including, but not limited to material which in PT’s opinion:
A. may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
B. may infringe any intellectual property or other right of any entity or person;
C. may violate any applicable law or advocates illegal activity;
D. advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
E. disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via PT’s websites;
F. includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
G. includes MP3 format files;
H. violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
I. contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.


Indemnification


You hereby agree to indemnify and hold harmless PT, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by Your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.


Privacy

PT respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Website.

Linking to the Website


Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that PT endorses or sponsors the linker or its site, products or services. You must not use PT’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from PT. Furthermore, you agree to remove the link at any time upon PT’s request.

PT Sponsored Content

From time to PT may enter into partnerships with third-party service providers that may use Your Content in connection with commercial, sponsored, or related content, within the PT’s Services or Website (such use referred to as “Sponsored Content”). If Your Content (including your name, username, profile picture, content, photograph, or other likeness) is used on PT’s Website or Services for purposes of Sponsored Content, PT will notify you of this use and provide you the option to “opt-out” of having Your Content used in this way. Also, you may choose to prevent all future use of Your Content for purposes of Sponsored Content within PT’s Services or Website. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or other likeness) on your behalf. Parents or legal guardians of minor children whose Your Content appears in PT’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s Your Content in this way. If you are unsure whether Your Content has been used as part of PT’s Sponsored Content and would like to find out, please contact us at info@astra.mobi. PT will need to verify your identify before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by PT.

Ending Your Relationship with PT

The Terms of Use will continue to apply until terminated by either you or PT as set out below. If you want to terminate your legal agreement with PT, You may do so by notifying PT at any time. Your notice should be sent to info@astra.mobi. PT reserves the right to terminate its legal agreement with you at its discretion at any time with or without notice.

Assignment

PT may assign or delegate this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under the Terms of Use without PT’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Agreement to Deal Electronically

All transactions with or through the Website or Services PT may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by PT.
PT does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at info@astra.mobi. Please also have a look at our Privacy Policy at http://privacy.astra.mobi.

Copyright © 2020 Индивидуальный предприниматель Трофимчук Павел Викторович. All rights reserved. This Website and accompanying products and documentation are the copyrighted property of PT and/or its licensors and protected by copyright laws and international intellectual property treaties. PT and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of PT. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the PT or third party trademarks or logos without the prior written consent of PT or the applicable trademark owner is strictly prohibited.