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Terms & Conditions

Last updated: June 10, 2022

Introduction

Welcome to our website https://astra-mag.com (the “Site”). This Site, our literary magazine (the “Magazine”), our newsletter (the “Newsletter”), and any other websites, mobile sites, applications, email/text/SMS campaigns, events, or other activities, offerings, or publications (regardless of how distributed, transmitted, published, or broadcast) that we may offer from time-to-time (collectively, the “Services”) are owned and operated by Astra Publishing House, Ltd. (“Astra,” “we,” “us,” or “our”). The words “user,” “you,” and “your” in these Terms and Conditions (the “Terms”) refer to a user of the Services. Use of the Site shall be subject to Terms. We do not acknowledge any different general terms or conditions belonging to you unless mutually agreed in writing. These Terms along with our Privacy Policy located at https://astra-mag.com/privacy-policy (the “Privacy Policy”), and the Subscription Policy located at https://astra-mag.com/subscription-policy (the “Subscription Policy”) form an agreement between you and us (collectively, the “Agreement”). By accessing, browsing, or using this Site, or subscribing to the Magazine, or otherwise utilizing the Services, you represent and warrant that you have read, understood, and agreed to be legally bound by the Agreement. If you do not agree to (or cannot comply with) the Terms or any other terms and conditions of the Agreement, you are not permitted to subscribe to the Magazine, or use or access the Site or any other Services.

THE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 15 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Click on the links below to jump directly to the applicable Sections of the Terms:

1. Users
2. License
3. Intellectual Property
4. Intellectual Property Infringement Complaints
5. Digital Millennium Copyright Act
6. Links to Third-Party Websites
7. User Interactions
8. Availability
9. Termination
10. Disclaimer of Warranties
11. Limitations of Liability
12. Representations and Warranties
13. Indemnification
14. Conditions of Use, Notices, and Revisions
15. Arbitration
16. Choice of Law and Forum
17. New Jersey Users
18. Miscellaneous
19. General Disclaimer
20. How to Contact Us

1. Users

By accepting or agreeing to the Terms, you represent and warrant that you are at least eighteen (18) years of age or if you are under 18 years of age, a parent or legal guardian has read, understood, and consented to the terms of this Agreement on your behalf. By accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “user, “you,” and “your” will refer and apply to that company or other legal entity.

2. License

All content included on the Site and within the Magazine, such as text, works, images, pictures, art prints, dialogues, documents, drawings, logos, menus, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, and software (collectively, the “Content”), is the exclusive property of Astra, its affiliates, and/or its third-party content contributors (“Contributors”), as applicable, and is protected by national and international copyright and other intellectual property laws. Except as expressly permitted in the Terms, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile, or disassemble any aspect of the Site, the Magazine, or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Astra, its affiliates, and/or its Contributors, as the case may be, in each specific instance.

You shall not use any keywords, metatags, meta-elements, hidden text, or other equivalents using the name “Astra,” “Astra Magazine,” or any other colorable equivalent without the prior express written consent of Astra. Astra, its affiliates, and its Contributors (as applicable) have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.

Astra, its affiliates, and its Contributors shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion, or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Astra, its affiliates, or its Contributors shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

The viewing, printing, or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive, and nontransferable license to (a) access and view the Site and Content; and (b) copy, download, and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution). You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Site or the Content.

Users acknowledge and agree that any and all misappropriation or misuse of the Content or any other information contained on the Site will cause irreparable harm to Astra and that in such event money damages will not constitute sufficient compensation to Astra. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content or any other information contained on the Site, you specifically consent to Astra obtaining injunctive relief against you in addition to any other legal or financial remedies to which Astra may be entitled.

3. Intellectual Property

Astra Magazine is a registered trademark owned by Astra Publishing House, Ltd. All other trademarks, trade names, logos, trade names, domain names, designs, and other distinctive signs, copyrights, and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of Astra or its affiliates, subsidiaries, or Contributors (as applicable). Astra and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of Astra or the applicable Intellectual Property owners on a case-by-case basis.

Astra vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Astra will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content, and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

4. Intellectual Property Infringement Complaints

If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to contact@astra-mag.com. If notified of an allegation that the Site contains infringing information, materials, or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.

5. Digital Millennium Copyright Act

Notwithstanding anything to the contrary contained in Section 4 above, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Astra’s Copyright Agent designated below with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as a postal address, telephone number, and email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Astra’s designated Copyright Agent to receive DMCA notices is Astra Publishing House, Ltd., having an address for notice located at 19 West 21st Street, Suite 1201, New York, NY 10010.

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.

For any information or notification send notice:

By mail to:

Attn: Managing Editor
Astra Magazine
Astra Publishing House, Ltd.
19 West 21st Street, Suite 1201
New York, NY 10010; or

By e-mail to:
Managing Editor
contact@astra-mag.com
Subject: Attn: Astra DMCA Agent; or

By phone to:
Managing Editor
646-844-3485

6. Links to Third-Party Websites

The Site may contain hyperlinks to other websites operated by unaffiliated third parties and which are in no way connected to the Site and contain information created, published, maintained, or otherwise posted by such unaffiliated third parties. Astra does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the materials, content, services, or goods provided on third party websites. Astra shall not be held liable, directly or indirectly, for the content of such third-party websites or the policies adopted by them, including without limitation, their privacy policies, or for any damages or injury resulting or arising from the content or access to such other websites. Please carefully read the terms and conditions of use, terms and conditions of sale, and privacy policies of any third-party websites you access from the Site, as Astra’s Terms and Privacy Policy do not apply to websites operated by third parties. The Site provides links to other websites exclusively for its users’ convenience, and Astra does not recommend that its users access such third-party websites, and any such use of any third-party website is at the user’s sole risk.

7. User Interactions

Publication in the Magazine

If you want to be considered for publication in the Magazine, please refer to our Contact Us page.

For the avoidance of doubt, Astra is under no obligation to respond to you or to publish unsolicited articles. To the extent any such unsolicited articles may be sent as a hard copy via postal mail, Astra is not responsible for returning any such materials to you.

Materials

From time to time, we may permit users to make available certain materials through or in connection with the Site, including through interactive services on the Site, such as message boards and other forums, and chatting, commenting and other messaging functionality (collectively, “Materials”). You hereby acknowledge and agree that Astra has no control over and is not responsible for any use or misuse (including any distribution) by any third party of such Materials. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY INFORMATION (as defined in Section 1 of the Privacy Policy) PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

For clarity, you retain ownership of your Materials. For any Materials made available by you on the Site, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze and exploit such Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, or suggestions (collectively, “Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Astra under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Materials made available by you, which you may have under any applicable law under any legal theory.

You may not upload or otherwise publish content on the Site that (a) is confidential to you or any third party; (b) is untrue, inaccurate, false, or other than an original work of your authorship; (c) relates to or impersonates any other person; (d) violates the copyright, trademark, patent, or other intellectual property rights of any person or entity; (e) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods, or services to which the Materials relates; or (f) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to, the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically, or are otherwise objectionable or otherwise contrary to the laws of any place where such Materials may be accessed; (iv) constitute personal attacks on other individuals; (v) promote criminal, immoral, or illegal activity; (vi) promote or advertise any person, product, or service or solicit funds; or (vii) are deemed confidential by any contract or policy.

You are solely responsible for any Materials you make and their accuracy, and you agree to defend, at Astra’s option, and at your sole expense, indemnify and hold Astra, its affiliates and subsidiaries, and their respective employees, agents, representatives, successors, and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Astra may incur as a result of any Materials you make available on the Site. We take no responsibility and assume no liability for any Materials posted by you or any third party, and Astra does not endorse any statement, idea, or representation contained in any Materials, nor does it not guarantee the accuracy, integrity, or quality of any such Materials. We may (but have no obligation to) monitor, evaluate, alter or remove Materials before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

8. Availability

Astra will make reasonable efforts to keep the Site available twenty-four (24) hours a day, seven (7) days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited from time to time, and Astra will not be responsible for the non-availability of the Site. Astra reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Site at any time.

9. Termination

We reserve the right to suspend, terminate, or cease providing the Site at any time, with or without notice to you, including if we determine in our sole discretion, that: (a) you have violated our Privacy Policy or any other part of this Agreement; or (b) doing so would be in the best interests of protecting our rights, privacy, safety, or property, and that of our officers, directors, agents, partners, affiliates, administrators, subsidiaries, joint venturers, members, employees, contractors, successors, assignees, or any other applicable third parties. You understand and agree that using the Site comes with the risk that your access may be terminated or suspended at our discretion. Please keep this risk in mind and comport yourself appropriately.

10. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY SERVICES AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) ASTRA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICES AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS AND THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ASTRA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, current, reliable, useful, timely, secure, error-free, or virus-free, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms or the Agreement. Additionally, third parties may make unauthorized alterations to the Site. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) ASTRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, ASTRA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE AND SEVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF ASTRA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ASTRA TO USE THE SITE AND SUBSCRIBE TO THE SERVICES; AND (II) FIFTY U.S. DOLLARS ($50). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS AND THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ASTRA AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

12. Representations and Warranties 

You accept and agree to abide by all the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter, perform in accordance thereof, and comply with the Terms. You acknowledge that you will not, via the Site or otherwise, cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of our, or other users’ computer software, hardware, or telecommunications equipment, or engage in any activity that interferes with the performance of, or impairs the functionality of the Site. Without limiting the foregoing, you must not misuse the Site by introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the servers on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Astra will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity and any other relevant information to them.

13. Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Astra and the Affiliated Entities, including our partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Site (including, without limitation, any Content you submit on or to the Site); (b) your breach of any representations, warranties, obligations, or any other terms or conditions set forth in the Agreement; (c) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, privacy, or personal right(s); or (d) any misrepresentation made by you. We will provide you with timely notice of any such claim, suit, or proceeding, and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

14. Conditions of Use, Notices, and Revisions

If you choose to use our Site or any of our Services, your use and any dispute over the Site and our Services are subject to these Terms, the Subscription Policy, and our Privacy Policy. If you have any concern about the content of our Terms, please contact us at contact@astra-mag.com with a thorough description, and we will try to resolve it.

Astra may in our sole discretion change the contents of our Terms from time to time; provided, that we will notify you of such changes by any reasonable means, including by posting a revised Terms through the Site. We will also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to the Terms will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES. The “Last updated” legend above indicates when the Terms have last been changed.

The version of these Terms posted on our Site on each respective date you visit the Site will be the Terms applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of these Terms and our Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and Privacy Policy that were in force on each respective date you visited the Site. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site or Services via any third-party links); charge, modify or waive any fees required to use the Site or Services; or offer opportunities to some or all Site users.

15. Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

This Arbitration Agreement applies only to users in the United States.

Dispute Resolution and Arbitration 

You and Astra agree that any dispute, claim, or controversy between you and Astra arising in connection with or relating in any way to this arbitration agreement (“Arbitration Agreement”) or to your relationship with Astra as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Arbitration Agreement) will be determined by mandatory binding individual (not class) arbitration. You and Astra further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement.

Exceptions 

Notwithstanding the foregoing, you and Astra both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (a) bring an individual action in a U.S. small claims court; or (b) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class or Representative Proceedings: Class Action Waiver 

YOU AND ASTRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Astra agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration Rules 

Either you or we may start arbitration proceedings. Any arbitration between you and Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Company can also help put you in touch with the AAA.

Any arbitration hearings will take place in the county (or parish) of your billing address; provided, that if the claim is for US $25,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Astra will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Astra will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

Notice; Process 

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Astra’s address for Notice is: 19 West 21st Street, Suite 1201, New York, NY 10010. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Astra may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Astra shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Astra’s last written settlement offer, then Astra will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability 

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any claim in court arising out of or related to this Agreement.

16. Choice of Law and Forum

Your access and use of the Site, these Terms, all actions contemplated by these Terms, and any and all disputes directly or indirectly arising out of or otherwise relating to this Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New York as if these Terms were an agreement wholly entered into and wholly performed within the State of New York, without reference to the choice of law rules thereof. The exclusive jurisdiction for any claim or action arising from or relating to these Terms or the use of the Site (except where arbitration is specified) shall be with the state or federal courts located in the State of New York, USA.

17. New Jersey Users

If you are a user residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Astra and the Affiliated Entities (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (e) the limitation on your time for filing a claim against Astra hereunder, to the extent that such limitation in connection with a claim is shorter than the applicable limitation under New Jersey law; and (f) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

18. Miscellaneous

If any condition of any part of the Terms shall be deemed invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Terms. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof. There Terms include our Privacy Policy, and together constitute the entire agreement between you and Astra with respect to your use of the Site and the Content and supersede any and all prior understandings or agreements between you and Astra, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, Astra has relied on your acceptance of these Terms.

19. General Disclaimer

The views expressed on the Site and through our Services are the authors’ alone and do not necessarily reflect the views of Astra or of its directors.

20. How to Contact Us

For any other legal information concerning your access to, use of, and purchases made on the Site or the way the Site may use and collect your Personal Information (as defined in our Privacy Policy), please read the Site’s Privacy Policy, which are incorporated into these Terms by this reference. For more information about the Site, the Magazine, our Services, and products, if you have questions, or if you would like to make a complaint, please contact us by email or postal address using the details provided below:

Company Name: Astra Publishing House, Ltd.
Email: contact@astra-mag.com
Postal Address: 19 West 21st Street, Suite 1201, New York, NY 10010
Telephone: +1 (646) 844-3485