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This website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of this website constitutes your agreement to all such
terms, conditions, and notices. You agree to click on the links
to and familiarize yourself with the Terms of Use and other terms
and guidelines found throughout this website and abide by them if
you choose to use the site, pages or services to which they apply.
Your failure to follow these terms and conditions, whether set out
in this Agreement, or in bulletins posted at various points by Astoria
Productions may result in Astoria Productions terminating this Agreement
and your rights to access the website.
Astoria Productions, has taken and will continue to take vigorous
legal action against those who have participated directly or indirectly
in unauthorized use of its website and/or products. Anyone having
information concerning any unauthorized use of the website and/or
products is urged to contact Astoria Productions.
RESTRICTIONS ON USE
As a condition of your use of this website, you warrant to Astoria
Productions, that you will use the site for personal non-commercial
uses, and that you will not use this website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
Material from www.astoriapresents.com and any other World Wide website
owned, operated, licensed, or controlled by Astoria Productions
or any of its related, affiliated, or subsidiary companies, may
not be copied or distributed, or republished, uploaded, posted,
or transmitted in any way, without the prior written consent of
Astoria Productions, except in the following circumstances:
You may download one copy of the material on one computer for your
personal, non-commercial home or educational use only, provided
you do not delete or change any copyright, trademark, or other proprietary
notices.
Modification or use of the materials for any other purpose violates
Astoria Productions intellectual property rights. The material in
this site is provided for lawful informational purposes only. If
you download software from our site, the software, including any
data, files, images, audio files, games, activities, and/or databases
contained in or generated by the software, and accompanying data
(together, the "Software") is deemed to be licensed to you by Astoria
Productions Neither title nor intellectual property rights are transferred
to you, but remain with Astoria Productions, who owns full and complete
title. You may not resell, recompile, reverse engineer, disassemble,
or otherwise convert the Software to a human perceivable form.
Prior written consent must be obtained for any commercial use of
software or other content provided on this website. Please forward
any requests in writing to Astoria Productions.
RESTRICTION OF LIABILITY
This information and services included on this website may include
inaccuracies or typographical errors. Changes are made periodically
to the information in this policy and to this website. Astoria Productions,
may change, suspend or discontinue any aspect of the website at
any time, including the availability of any website feature, database,
or content. Astoria Productions, may also impose limits on certain
features and services or restrict or terminate your access to parts
or all of the website without notice or liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR
SOLE RISK. NEITHER ASTORIA PRODUCTIONS, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH
THIS WEBSITE.
(B) THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ASTORIA PRODUCTIONS EXPRESSLY
DISCLAIMS LIABILITY FOR CLAIMS, DAMAGES, OR INJURY OF ANY KIND,
INCLUDING WITHOUT LIMITATION, FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AND LOST PROFITS.
(C) THESE DISCLAIMERS OF OUR LIABILITY APPLY, WITHOUT LIMITATION,
TO ANY CLAIM, DAMAGES OR INJURY CAUSED BY ANY NEGLIGENCE, FAULT,
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, AND THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD OR DOCUMENT, WHETHER ARISING IN
CONTRACT, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
YOU SPECIFICALLY ACKNOWLEDGE THAT ASTORIA PRODUCTIONS IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE, WILLFUL, NEGLIGENT, ILLEGAL OR OTHER
CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
(D) NEITHER ASTORIA PRODUCTIONS NOR ITS AFFILIATES OR LICENSORS,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION
ON THE WEBSITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The above limitation or exclusion may not apply to you to the extent
that applicable law may not allow the limitation or exclusion of
liability for incidental or consequential damages. Astoria Productionsı
total liability to you for all losses, damages, and causes of action
(in contract, tort (including without limitation, negligence), or
otherwise will not exceed the amount you paid to access this site
or $100 (One Hundred Dollars), whichever is less.
You hereby agree to indemnify, defend and hold Astoria Productions,
and all its officers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all liability
and costs incurred by the Indemnified Parties in connection with
any claim incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or
the foregoing representations, warranties and covenants, including,
without limitation, attorneys fees and costs. You shall cooperate
as fully as reasonably required in the defense of any claim. Astoria
Productions, reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of Astoria Productions.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, works, inventions, documents,
messages or other information communicated to Astoria Productions,
through this site (together, the "Submission") will forever be the
property of Astoria Productions. Under no circumstances will Astoria
Productions, be required to treat any Submission as confidential,
and will not be liable for any ideas for its business (including
without limitation, product ideas) and will not incur any liability
as a result of any similarities that may appear in future Astoria
Productions' products, website, packaging, advertising, promotional
material or other operations. Without limitation, Astoria Productions,
will have exclusive ownership of all present and future existing
rights to the Submission of every kind and nature everywhere. Astoria
Productions, will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are
responsible for whatever you submit, and you, not Astoria Productions,
have full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, copyright, and Astoria'
right to the submissions.
JURISDICTION
Except as described otherwise, all materials in the Astoria site
are made available only to provide information about Astoria. Astoria
Productions, controls and operates this site from its headquarters
in Concord, Ohio, United States of America and makes no representation
that these materials are appropriate or available for use in other
locations. If you use this site from other locations, you are responsible
for compliance with applicable local laws. Some software from this
site may be subject to export controls imposed by the United States
and may not be downloaded or otherwise exported or re-exported:
(a) into (or to a national of or resident of) any country to which
the U.S. has placed an embargo, including without limitation, Afghanistan,
Cuba, Iran, Iraq, Libya, North Korea, Syria or Yugoslavia; (b) to
everyone on the U.S. Treasury Departmentıs Specially Designated
Nationals list, or (c) the U.S. Commerce Departmentıs Table of Denial
Orders. If you download or use the Software, you represent and warrant
that you are not located in, or under the control of, or a national
or any such country or on any such list.
LINKS
This website may contain links to websites operated by parties other
than Astoria Productions Such links are provided for your convenience
only. Astoria Productions, does not control such websites, and is
not responsible for their contents. Astoria Productionsı inclusion
of links to such websites does not imply any endorsement of the
material on such websites or any association with their operators.
MISCELLANEOUS
This agreement is governed by the laws of the State of Ohio, U.S.A.
You hereby consent to the exclusive jurisdiction and venue of courts
in Concord, Ohio, USA in all disputes arising out of or relating
to the use of this website. Use of this website is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation, this
paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Astoria Productions,
as a result of this agreement or use of this website. Astoria Productionsı
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of Astoria Productionsı right to comply with governmental, court
and law enforcement requests or requirements relating to your use
of this website or information provided to or gathered by Astoria
Productions, with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. This agreement
constitutes the entire agreement between the user and Astoria Productions,
with respect to this website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Astoria Productions, with respect to this website.
A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. Fictitious
names of companies, products, people, characters and/or data mentioned
herein are not intended to represent any real individual, company,
product or event. Any rights not expressly granted herein are reserved.
Possible evidence of use of this site for illegal purposes will
be provided to law enforcement authorities. Astoria Productions,
reserves the right to change the terms, conditions, and notices
under which this website is offered by updating this posting. Astoria,
products and services are available in many parts of the world;
however, the Astoria site may describe products and services that
are not available worldwide.
COPYRIGHT AND TRADEMARK INFORMATION
Unless otherwise identified, all trademarks set forth on this website
are the properties of Astoria Productions All contents of this website
are: Copyright İ 2003 Astoria Productions, Ltd. All rights reserved.
Unauthorized use of logos, pictures, names, copywriting, databases,
store names, store addresses, store phone numbers, games, activities,
books and music is prohibited by law.
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