Effective Date: November 30, 2023
Welcome to our Beta. Before you begin using the Astral platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”), please read these Beta Terms of Service (“Agreement” or “Terms”), and our Privacy Policy which govern your use of the Service. Clicking on the “Sign In” button and/or using the Service creates a binding contract between Strimmerz Media, Inc. (“Astral,” “us,” or “we”) and you (“User” or “you”) and constitutes your acceptance of all terms and conditions of this Agreement without modification.
TERMS & CONDITIONS
Eligibility: You acknowledge and agree that you are an individual person at least 18 years old. Any registration, use, or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. Astral reserves the right to remove any User who is not eligible to use the platform or who is otherwise not appropriate to participate as reasonably determined by Astral.
Compliance with Laws: You represent and warrant that you will comply with all applicable local, state and federal laws when using the Service. Without limiting the foregoing, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list or prohibited, sanctioned or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Account: To join the Beta or unlock content on Astral, you must sign in and provide accurate and complete information when prompted and update your information when and as needed. The information you enter will be used by Astral in accordance with Astral’s Privacy Policy. You are not permitted to share access to your Account nor are you permitted to access the Service through any Astral account not registered to you. Astral retains the right to revoke your Account at any time.
License to use the Service: Astral grants you a limited, non-sublicensable, non-transferrable, non-exclusive, revocable license to access and use the Service subject to your compliance with the terms of this Agreement including any changes thereto which Astral may implement from time to time at its sole discretion, and any other documentation and instructions Astral provides, solely for testing purposes during the Beta. If any software, content or other materials owned by, controlled by or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms.
Astral Platform Ownership: As between you and Astral, Astral shall retain all title to and ownership of all technology developed and built on the Astral platform including, but not limited to, all interactive code, modules, products, monetization services, and audience mechanics. You shall not: (1) reproduce (including, but not limited to, taking screenshots of) any part of the Astral platform or viewing experience; (2) rent, sell, lease or otherwise transfer your Astral account or any part thereof or use it for the benefit of a third party; or (3) reverse assemble, reverse compile, or reverse engineer any part of Astral, or otherwise attempt to discover any Astral source code or underlying Proprietary Information (as that term is defined below).
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials and all content and other materials contained therein, including, without limitation, the Astral logo and all designs, text, graphics, pictures, data, software, audio files, other files, and the selection and arrangement thereof are the proprietary property of Astral or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Third-Party Content and Services: The Service may also utilize or contain links or functionality that access or use third-party websites, applications, artificial intelligence and machine learning models, and/or services (“Third-Party Providers”), including the display, inclusion or availability of content, data, information, services, applications or materials from such Third-Party Providers (“Third-Party Materials”). By accessing the Service, you agree to be subject to the terms and conditions (including privacy policies) of any Third-Party Providers whose website, applications, artificial intelligence and machine learning models, services or Third-Party Materials you access or use through accessing the Service. Astral does not control these Third-Party Providers or Third-Party Materials, does not guarantee the performance, any service level or any service quality of such Third-Party Providers or Third-Party Materials, does not guarantee the accuracy of any information that is generated as an output from a Third-Party machine learning model, and is not responsible or liable for any harm, damage, delay, service interruption or malfunction caused by any Third-Party Providers or Third-Party Materials. Astral does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Providers or Third-Party Materials. Your use of any links to Third-Party Providers is at your own risk.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect information that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any information or output you receive on the Service as appropriate for your use case, including by using human review of the information.
When you use our Services you understand and agree:
Content Responsibility: You are legally responsible for any content you add to the Service, including videos, text entry, images, audio, web embeds, or other information you add to the platform (collectively, “Your Input Content”). Your Input Content must not include any third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. Astral retains the right to remove any portion of Your Input Content from the Service and/or terminate your Account if it deems that Your Input Content infringes the rights of a third party or is otherwise unlawful.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you add to the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Astral the license(s) described herein and throughout these Terms, and that the content does not violate any laws.
Content Ownership, License & Removal: You retain ownership rights in Your Input Content, which includes videos, images, audio, text, and other information you add to the Service. By providing, uploading, or otherwise making Your Input Content available through the Service, you grant Astral a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to display, reproduce, perform, ingest, query, transform, improve, save, tokenize, and prepare derivative works from such content on Astral. You also grant each other user of Astral who has a right to access Your Input Content and receive output generated and returned by the Services based on the Your Input Content (”Your Output Content”) a non-exclusive, royalty-free license to access and interact with Your Input and Output Content on Astral, only as enabled by a feature of Astral. For clarity, this license does not grant any rights or permissions for any other user to make use of Your or Output Content independent of Astral. You may remove Your Input Content at any time, though Astral may retain some or all of Your Content if, in its sole discretion, it is required by law or to protect its legal rights.
Confidentiality: The Beta is designed to assist Astral in analyzing, experimenting, improving, and testing certain features to provide the best experience to Users on the Astral Platform. During the Beta, Astral may disclose to you or you may have access to certain proprietary information owned or licensed by Astral such as unreleased and experimental features or plans that shall be considered Astral’s “Confidential Information,” which you agree to treat as confidential. In furtherance, but not limitation, of the foregoing, you agree to (a) only use the Beta and Confidential Information as permitted by Astral; (b) not disclose Confidential Information to any third parties without the written consent of Astral; and (c) take all reasonable measures to maintain the confidentiality of the Confidential Information and to prevent the unauthorized use, dissemination, or publication of Confidential Information.
Astral Intellectual Property Rights: Astral owns all intellectual property rights in the Service absolutely and in their entirety, including, but not limited to, database rights, copyright, patents, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together (collectively, “Astral Property”) with the right to apply for protection of the same. All Astral Property is protected by copyright, trademark, and other intellectual property laws. Astral’s name, logo, trademarks and any Astral products or service names, e.g., “Astral Collections”, designs, logos, and slogans are the intellectual property of Astral and our affiliates and licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Astral” or any other name, trademark or product or service name of Astral or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Astral and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, logos, service marks, company or product names used or available through the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Astral.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) you provide to Astral are non-confidential and shall become the sole property of Astral, and Astral shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not use our trademarks for any purpose without the express written permission of Astral. Your permitted use of and access to the Service shall not confer any rights to you beyond those expressly granted in this Agreement nor be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation.
Digital Millennium Copyright Act (“DMCA”)
Astral respects the intellectual property of others. If you believe in good faith that any materials in or available through the Service infringe upon your copyright, please send the following information to Astral’s Copyright Agent identified below:
DMCA notices must meet current statutory requirements imposed by the DMCA. Please send DMCA notices to Astral’s Copyright Agent at the following address or by email (subject line “DMCA Communication”):
DMCA Agent
Strimmerz Media, Inc.
P.O. Box 74012
Los Angeles, CA 90004
Changes to this Agreement. Astral reserves the right to update this Agreement from time to time. We will notify you when we make changes to these Terms by posting the revised Agreement and by revising the “Effective Date” date at the top of this page.
All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following such posting of any revised Agreement means that you accept and agree to the changes. You are encouraged to check this page each time you access the Service so that you are aware of any changes, as they are binding on you. It is your responsibility to review these Terms from time to time to ensure that you are aware of, and understand the terms and conditions that apply when you access or use the Service.
Changes to the Service. Astral reserves the right to modify or discontinue the Service or charge for the Service at any time without notice. Modifications may include, but are not limited to, the addition of fees, and the manner of providing or operating of the Service. We shall not be liable to you or any third party should we modify or discontinue Services and any new feature, addition, or enhancement to the Services shall also be subject to these Terms.
Warranty Disclaimer: YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY NOT BE FUNCTIONAL ON ANY DEVICE OR MACHINE OR IN ANY ENVIRONMENT. ASTRAL MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR WHETHER THE SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THE SERVICE IS PROVIDED PURELY AS A PLATFORM ON WHICH USERS MAY UPLOAD, POST AND VIEW CONTENT. ASTRAL DOES NOT PROVIDE ANY ENTERTAINMENT OR OTHER SERVICES AND DOES NOT EXERCISE ANY CONTROL OVER ANY USER CONTENT EXCEPT AS EXPRESSLY NOTED IN THESE TERMS. USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTION WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, ASTRAL DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
ASTRAL WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR ANY USE OF CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECT TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ERROR OR MALFUNCTION IN GATING FEATURE(S) OR FUNCTIONALITY; OR (E) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Limitation of Liability: EXCEPT AS REQUIRED BY APPLICABLE LAW, ASTRAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. ASTRAL AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID ASTRAL IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO ASTRAL, OF THE CLAIM; AND (B) USD $100.
Indemnity: To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Astral, its parent, and affiliates, and their respective past, present and future officers, directors, employees, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs (including but not limited to court costs, arbitration costs, costs of settlement, indemnification or insurance) ,debt, taxes, penalties and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your violation of any term of this Agreement; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iii) any claim that Your Content caused damage to a third party; (iv) your use or misuse of the Service; or (v) your negligence or willful misconduct You agree to notify Astral promptly of any claims against you relating to your use of the Service and to cooperate with Astral in defense of such claims. You further agree Astral shall have control over the defense or settlement of any such claims. The entirety of this defense and indemnification obligation set forth in this paragraph will survive this Agreement and your use of the Service.