Terms of service
Welcome to AstorRay. These Terms of Service (the "Agreement") govern your access to and use of the AstorRay website (the "Site") and the products and services offered herein. Please read this Agreement carefully. By accessing or using our Site, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use our Site.
AstorRay reserves the right, in its sole discretion, to change, modify, add, or remove any portion of these Terms of Service at any time. Any changes will be effective immediately upon posting to this page. We encourage you to review this page periodically for updates.
1. Copyright & Intellectual Property
Our Site and all of its content—including but not limited to text, photographs, graphics, logos, button icons, images of lighting fixtures and their components, audio clips, and software—are owned by or licensed to AstorRay and are protected by United States and international copyright laws and other intellectual property laws.
You may occasionally reproduce, distribute, display, or transmit an insubstantial portion of our Site content strictly for personal, non-commercial purposes (other than for purchasing products from our Site) and only to a limited number of individuals. This is permitted provided that you retain all trademark, copyright, and other proprietary notices in the exact form they appear on our Site. Except for the limited permissions noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, participate in selling, or exploit in any way, in whole or in part, our Site, any of its contents, or any related software.
2. Trademarks
"AstorRay" and all other trademarks, logos, and indicia of source (collectively, "Trademarks") displayed on our Site are the exclusive property of AstorRay. These Trademarks may not be used in connection with any product or service that does not belong to AstorRay, in any manner that is likely to cause confusion among customers regarding whether AstorRay is the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits our brand. Express written consent is required for any external use of our Trademarks.
3. Product Information & Pricing
- Availability: While we strive to maintain accurate inventory, some products displayed for sale on our Site may have limited availability.
- Pricing: All prices displayed on our Site are quoted in U.S. Dollars (USD) and are valid and effective only in the United States.
- Display Accuracy: We make every effort to display the colors and details of our lighting products as accurately as possible. However, because monitor displays vary, we cannot guarantee that your device's display of any product color or detail will be entirely accurate.
4. Links, Frames, and Metatags
- You may not link to our Site in any way that casts AstorRay in a false, misleading, or derogatory light.
- You may not frame our Site content so that it is viewed on or through another site.
- You may not use metatags or any other "hidden text" that incorporates the AstorRay name or Trademarks without our express prior written consent.
5. Disclaimers of Warranties
OUR SITE IS AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL, DATA, OR DATABASE DISPLAYED, POSTED, OR DISTRIBUTED ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE.
WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OUR SITE OR ANY INFORMATION, GOODS, OR SERVICES ADVERTISED OR SOLD THROUGH OUR SITE.
Note: Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Although we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, or other destructive materials, we do not guarantee or warrant that our Site or any content downloaded from it is free from such features. We are not liable for any damages or harm attributable to such features. If you rely on our Site and its content, you do so solely at your own risk.
6. Limitation of Liability
YOU EXPRESSLY AGREE TO RELEASE ASTORRAY AND ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE.
IN NO EVENT SHALL ASTORRAY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ITS SERVICES, OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
7. Indemnification
You agree to indemnify, defend, and hold AstorRay and its partners, subsidiaries, affiliates, officers, directors, trustees, agents, and employees harmless against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, or your violation of any law or the rights of a third party in connection with your use of our Site.
8. Force Majeure
AstorRay is not responsible for any delay or failure to perform our obligations or fulfill orders if the delay or failure is caused by events beyond our reasonable control. Such events include, but are not limited to, natural disasters, fires, floods, epidemics, strikes, labor disputes, acts of war, terrorism, government actions, or interruptions to transportation or communication networks. If such an event occurs, we will take reasonable steps to mitigate the impact and will notify you if your order is affected. If we cannot fulfill your order within a reasonable time, you will have the option to cancel and receive a full refund.
9. Intellectual Property Infringement & DMCA Policy
We respect the intellectual property rights of others and expect our users to do the same. We have a policy of removing content that violates intellectual property rights and, in appropriate circumstances, terminating the accounts of repeat infringers.
9.1 DMCA Notification: Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512), if you believe your copyright or other intellectual property right is being infringed by material on our Site, please contact our Designated Copyright Agent at:
- Email: cs@astorray.com
- Mail: 88 Regent Street #3007, Jersey City NJ 07302
Your notice must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the intellectual property owner;
- A description of the copyrighted work or intellectual property claimed to have been infringed;
- A description of where the allegedly infringing material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf.
9.2 Repeat Infringers: AstorRay will promptly terminate without notice the access or accounts of users determined to be "repeat infringers" (users who have been notified of infringing activity more than twice).
10. Governing Law & Jurisdiction
The laws of the State of New Jersey (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Service and Site Policies, including their validity, interpretation, performance, and enforcement. All legal proceedings arising out of or in connection herewith shall be brought solely in the state or federal courts located in New Jersey. By using this Site, you irrevocably consent to the jurisdiction of these courts.
11. General Provisions
- Termination: We reserve the right to terminate this Agreement and block your access to the Site at any time, without notice, for any reason, including violation of these terms.
- Severability: If any provision of this Agreement is deemed unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to conform to the most expansive permissible reading under the law consistent with the original intent.
- Entire Agreement: These Terms of Service and any operating rules posted on this Site constitute the entire agreement between you and AstorRay, superseding all prior communications and proposals, whether oral or written.
- Admissibility: A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to the use of the Site to the same extent as other business documents and records originally generated and maintained in printed form.
- Waiver: The failure of AstorRay to insist upon strict performance of any term herein or to exercise any right will not be construed as a waiver of our right to enforce such provision or right in the future.
12. Contact Information
If you have any questions regarding these Terms of Service or our Site policies, please contact us:
- Brand Name: AstorRay
- Phone: +1 (213) 756-0693
- Email: cs@astorray.com
- Address: 88 Regent Street #3007, Jersey City NJ 07302