Terms of Service

Last Updated: October 26, 2023

Welcome to aspenes.xyz. These Terms of Service ("Terms") govern your access to and use of the website located at https://aspenes.xyz (the "Service"), operated by aspenes.xyz ("we," "us," or "our").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and aspenes.xyz.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service provided by aspenes.xyz is intended for your personal, non-commercial use, unless otherwise specified in a separate agreement. You agree to use the Service only for lawful purposes and in accordance with these Terms.

2.1 Eligibility

You represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction and you have given us your consent to allow any of your minor dependents to use this Service.

2.2 Account Registration

Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

2.3 Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate aspenes.xyz, an aspenes.xyz employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.
• To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

• Accuracy: You are responsible for the accuracy of the information you provide and the consequences of submitting it.
• Compliance: You are responsible for complying with all applicable laws, rules, and regulations in connection with your use of the Service.
• Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
• Content: You are responsible for any content you contribute to the Service and affirm that you own or have the necessary rights to such content.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of aspenes.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of aspenes.xyz.

4.1 User Content

By posting, uploading, or submitting any content to the Service, you grant aspenes.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and our business.

You retain any and all of your rights to any content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

4.2 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property rights of any person. If you are a copyright owner and believe your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the requisite information as outlined in the Digital Millennium Copyright Act.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASPENES.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARIS