AstrizStudios, Llc (“AstrizStudios”) provides Its ProfanityBlocker (the “service”) to you, subject to the following Terms Of Service (“ToS”). The ToS may change from time to time. Visiting the website, or any part of the service means you agree to this ToS. If you do not agree to these terms do not use the service as violation of the terms may lead to the termination of your service.
- The Service; Registration Obligation
You agree to use the service only for purposes that are permitted by (a) The ToS and (b) Any Applicable Law, Regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You must register for a subscription to a Service License (as Set Forth In Section 4 Below) in order to access the service. When completing the registration form, you will provide true, accurate and complete information. You are obliged to maintain and promptly update this information as required. If you provide any information that is untrue, inaccurate or Incomplete, or, AstrizStudios has reasonable grounds to suspect that the information is untrue, inaccurate or incomplete, AstrizStudios has the right to suspend or terminate your subscription and use of the service.
You are responsible for obtaining access to the service and are responsible for all internet access and equipment necessary to access the service. You will create your login and password during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made through your service subscription.
- Subscription; Payment; Renewal
You may obtain a 15 day trial subscription to the service through the Premium package. Should you choose Basic or Enterprise you would not get a trial. If you do not cancel your Premium trial you will be billed 15 days later. During the trial you can cancel or downgrade by contacting support. Cancelling before the renewal will result in no charges.
You may use a credit card to pay the fee set forth in section 4 through AstrizStudios’s third party vendor. AstrizStudios offers online payments as a convenience to you. By use of any online payment tools, you attest that any credit or debit card used is on an account for which you have authority to access or use. You, and not AstrizStudios, are responsible for paying any unauthorized amounts billed to your credit card by a third party.
You agree to pay all fees and charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when the charges were incurred. unless you notify AstrizStudios of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AstrizStudios does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AstrizStudios or its agents.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Thirty (30) days prior to expiration of your annual subscription, you will receive an email notifying you that your subscription will be automatically renewed for an additional year and that your credit card on file will be charged. Monthly subscribers will not receive a reminder. You must keep your credit card information up to date in order to avoid interruption of service. If you do not wish to have your subscription automatically renewed, you may contact customer support to cancel your subscription. AstrizStudios reserves the right to change its fees or billing methods at any time.
- Payment Plans And Terms
- Customer will pay according to AstrizStudios’s package rates, selected by the customer for the Service License set forth below, as reflected in customer’s ordering records maintained By AstrizStudios.
- Customer will pay for the service license in advance in Great British Pounds. AstrizStudios is not required to issue refunds or credits except as specified in this ToS, in AstrizStudios’s SLA (defined In Section 5 Below) or at the discretion of AstrizStudios management where deemed appropriate, for example, payments charged twice by payment provider. In this situation you may contact customer service with the details of any circumstances you believe should result in a refund.
- Service Licenses:
Monthly standard license provides the customer with one license for one web application/Discord/Slack instance to use with one domaim. There is no minimum commitment with this plan.
- Service Levels And Remedies
- AstrizStudios’s Service Level Agreement, which can be found at http://www.profanity-blocker.com/sla/ (the “sla”) Is Hereby Incorporated Into This ToS.
- The SLA does not apply to any feature of the service not specifically identified in the SLA.
- AstrizStudios will not be liable for service interruptions or any other service failures except as specifically set forth in the SLA. In the event that customer is dissatisfied with the service, customer’s sole remedies are those listed in the SLA.
- Prohibited Uses
You agree that you will not: (a) violate any local, state, or national law through or on the service; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the service; (c) use the service in any manner other than as expressly authorized in the ToS; (d) use any robot, spider, other automatic device, or manual process to monitor or copy any content on the service; or (e) reproduce, duplicate, copy, sell, resell, any portion of the service, use of the service, or access to the service.
- Proprietary Rights
- You acknowledge and agree that AstrizStudios owns all legal right, title and interest in and to the service, including any intellectual property rights which subsist in the service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the service may contain information which is designated confidential by AstrizStudios and that you shall not disclose such information without AstrizStudios’s prior written consent. You may not reverse engineer, de-compile, disassemble, or otherwise attempt to reconstruct or discover the source code for the service.
- The license granted in this ToS does not constitute a transfer or sale of AstrizStudios’s ownership rights to ProfanityBlocker. AstrizStudios retains all rights, title, and interest in and to the ProfanityBlocker program and its database, including all related intellectual property rights. You may not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, or your rights and obligations pursuant to this ToS. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the service, unless expressly authorized by AstrizStudios.
- Except as set forth in section 7(d) below, unless you have agreed otherwise in writing with AstrizStudios, nothing in the ToS gives you a right to use any of AstrizStudios’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including ProfanityBlocker.
- Notwithstanding the foregoing, you are expressly permitted to use the ‘AstrizStudios’ and ProfanityBlocker names, service marks and logos for the sole purpose of (i) identifying on your website AstrizStudios or ProfanityBlocker as your provider of profanity filtering services or (ii) creating or making available as part of your website buttons for the purpose of hyperlinking to AstrizStudios’s website.
- User Warranty
You represent and warrant to AstrizStudios that (a) you have full power, authority, and legal capacity to obtain a service license and to agree to the ToS and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to AstrizStudios; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at AstrizStudios’s then-current rates.
- Security And Indemnification
You agree to indemnify, defend and hold harmless AstrizStudios, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants, agents and subcontractors (collectively the “indemnified parties”) from any and all claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) which may be imposed on, incurred by, or asserted against any of the indemnified parties under any theory (strict liability, breach of privacy, libel, infringement of intellectual property right or otherwise) arising from or relating to your purchase of a service license, your use of the service, your violation of the ToS or your infringement of any intellectual property or other right of any person or entity without regard to the cause or causes thereof or the negligence or fault (active or passive) of any person.
Unless agreed to in writing by AstrizStudios, termination of all or part your service license shall not result in the refund of any fees.
The service may provide links to third party web sites. AstrizStudios has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. AstrizStudios will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
- Exclusion Of Warranties
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available”.
AstrizStudios makes no representations and extends no warranties or covenants of any kind, either express or implied, including, without limitation, any warranties of fitness for a particular purpose, merchantability, non-infringement, title, usage or performance. AstrizStudios does not warrant the accuracy or correctness of any recommendations, interpretations, moderations or conclusions reached with respect to the service, which, in any event, are advisory only. AstrizStudios does not warrant that the services will be uninterrupted, error free or completely secure.
No advice or information, whether oral or written, obtained by you from AstrizStudios or through or from the services shall create any warranty not expressly stated in the terms.
- Limitation Of Liability
Subject to overall provision in paragraph 13 above, you expressly understand and agree that AstrizStudios, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special, punitive, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, cost of procurement of substitute goods or services, or other intangible loss; or
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of (i) any reliance placed by you on the completeness or accuracy of the service; or (ii) any changes which AstrizStudios may make to the service.
The limitations on AstrizStudios’s liability to you set forth above shall apply whether or not AstrizStudios has been advised of or should have been aware of the possibility of any such losses arising.
- Trademark Information
AstrizStudios and the ProfanityBlocker logo, and other AstrizStudios logos, products and service names are trademarks of AstrizStudios. You must not display or use them in any manner. The exception to this are the ProfanityBlocker buttons provided for links back to the website, which may be used on other web sites.
Any legal controversy or legal claim arising out of or relating to the ToS or the service, excluding legal action taken by AstrizStudios to collect fees or recover damages for, or obtain an injunction relating to AstrizStudios’s intellectual property or the service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the London Court of International Arbitration. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in London, England, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or AstrizStudios may seek any interim or preliminary relief from a court of competent jurisdiction in London, England necessary to protect the rights or property of you or AstrizStudios pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to £2,500.00.
- General Information
The ToS and the relationship between you and AstrizStudios will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in the United Kingdom. The failure of AstrizStudios to exercise or enforce any right or provision of the terms will not constitute a waiver of the right or provision. If any provision of the ToS is found to be invalid, the other provisions of the terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the services or the ToS must be filed within one (1) year after the claim or cause of action arose or be forever barred.
You acknowledge and agree that any comments, ideas and/or reports provided to AstrizStudios (collectively, “Feedback”), shall be considered AstrizStudios’s proprietary and confidential information, and You hereby irrevocably transfer and assign (and agree to cause Your employee(s) to irrevocably transfer and assign) to AstrizStudios all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that You may have with respect to any such Feedback.
The provisions of the ToS pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.