Terms of Use

Application

The following Terms and Conditions ("Terms") are applicable to ASTNYC.com. The ASTNYC.com website is referred to generically herein as the "Website". The services provided by ASTNYC.com via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by ASTNYC.com from time to time. The Terms and any applicable policies comprise the entire agreement between you and ASTNYC.com and supersede all prior agreements regarding the subject matter contained herein. 
 
Acceptance of Terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE. 
 
Security of Your Account and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify ASTNYC.com of any unauthorized use of your account. 
 
Your Conduct
(a) Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. 
 
(c) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website. 
 
(d) You agree not to upload or otherwise transmit through the Website any material that: (i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software. 
 
(e) Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of ASTNYC.com, which consent shall be at ASTNYC.com's sole discretion. 
 
Content
ASTNYC.com neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. ASTNYC.com retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against ASTNYC.com arising out of such file removal. 
 
You acknowledge and agree that, during the course of providing the Website, ASTNYC.com may be required to grant access to a third party and/or decrypt files in response to a court order. You hereby consent to such legal production and waive any claim against AlphaOmegaDigital.com arising out of such court order. 
 
Copyright
The entire content of the Website in aggregate is copyrighted by ASTNYC.com as a collective work under Canadian copyright laws. Portions of the Website are provided to ASTNYC.com under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by ASTNYC.com. 
 
No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website. 
 
You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by AlSTNYC.com and other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
 
Access to Third Party Websites
ASTNYC.com is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
 
Modifications to Terms
ASTNYC.com reserves the right to change the Terms from time to time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the effective date at the top of this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the Website after such modifications will constitute your: (a) acknowledgement of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy.
 
Modifications to Websites
ASTNYC.com reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. ASTNYC.com shall not be liable to you or any third party should ASTNYC.com exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services or changes to limitations on allowable file sizes.
 
Termination
Either you or ASTNYC.com may terminate your relationship with or without cause at any time. You agree that ASTNYC.com may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. 
 
Should you object to the Terms or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the
 
Website; (b) terminate your membership; and (c) notify ASTNYC.com of your termination. 
 
ASTNYC.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
 
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASTNYC.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
 
ASTNYCl.com MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WARP 10 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. 
 
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. ASTNYC.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE. 
 
Limitation of Liability 
ASTNYC.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ASTNYC.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 
General
The Terms shall be governed by and construed in accordance with the laws of the New York City, New York excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the New York City, NY. 
 
If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ASTNYC.com's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by ASTNYC.com in writing. 
 
You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose. 
 
The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
 
These Terms are binding upon and shall endure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without ASTNYC.com's prior written consent.
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