CLUB ASTERIA TERMS OF SERVICE
Posted on: 27-Apr-2011
Club-Asteria operates the www.club-asteria.com Site to provide online access to information about Club-Asteria and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Service”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to herein as the “Agreement.”
Club-Asteria reserves the right to modify this Agreement at any time without giving prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your Club Asteria business, personal purposes and/or to learn about Club-Asteria Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Club-Asteria reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive any other work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Service.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Club-Asteria or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Club-Asteria or other copyright owners who have authorized their use on the Site. You may download and reprint Content for purposes limited to your Club Asteria business and personal use only. Any such download and/or reprinting may be subject to additional restrictions, for example information from password restricted areas. You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Club-Asteria of the third party, the third-party web site, or the information contained therein. Club-Asteria is not responsible for the availability of any such web sites. Club-Asteria is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Club-Asteria affiliates or service providers, you will leave the Site, and will be subject to the Terms of Service and privacy policy applicable to those web sites.
5. Downloading Files
Club-Asteria makes best efforts but cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
6. Media Inquiries
CLUB-ASTERIA Members may not solicit coverage or publicity from the media regarding the CLUB-ASTERIA business, nor may they appear on radio or television talk shows to promote their CLUB-ASTERIA activities. If a CLUB-ASTERIA Member is contacted by the Media (radio, television, the press, or other), the contact should be referred to the CLUB-ASTERIA corporate office in order to maintain information accuracy and a consistent Company image.
7. Member Responsibilities
Club Asteria is made up of members that are interested in earning extra income and improving the lives of others around them. To be a member of Club Asteria requires more than just paying your monthly subscription. Each of our members has a responsibility and an expectation to incorporate into their lives the vision and mission of Club Asteria. Within us all there is a spirit and nature of giving that we all share. We believe that this moral and spiritual approach to marketing and earning income creates a membership base that has only been experienced in charitable organizations where there was no income potential possible.
By becoming part of Club Asteria’s vision, not only do you have the ability to help others around the world but you can make money doing it. We want our members to feel that every dollar they earn with Club Asteria is a bonus on top of the real purpose of helping others improve their lives and the lives of their families. This attitude will foster a loyalty and give members the ability to proudly tell others what they are doing to help others and make money for themselves.
To fulfill this purposed qualification of a member of Club Asteria, we are creating an honor system for each of our members. This system requires each of us to spend at least two hours per month either giving to our family and community or enriching ourselves through Club Asteria’s education or e-commerce programs. Something as simple as reaching out to a neighbor, helping an elderly individual, providing assistance to a school, religious organization, are all things that would qualify for your expected service. By spending time on our education site and becoming more knowledgeable, once again, that contributes to the mission of Club Asteria. Utilizing our e-commerce program to purchase products or sell any of our products or services also fulfills our purposed member requirement. All of our members working smart and banding together is what makes Club Asteria the positive changing force in the world that it is.
As a qualified purposed Member, you are responsible for the following:
- Payment of the membership fee as defined by Club Asteria from time to time.
- You must read these Terms of Service and our Frequently Asked Questions (FAQs).
- You must sign up with your own, unique e-mail address.
- In order to receive payment from Club Asteria you must maintain a payment processor account with one of the payment processors approved by Club Asteria.
- You must read the News posted in your back office.
- You must adhere to the Club-Asteria Code of Ethics, Terms of Service and Policies and Procedures.
- You must dedicate a minimum of two (2) hours per month in one or more of the following activities:
- Community service, charitable volunteering or one-on-one efforts to help improve the lives of others
- Charitable or personal giving, either locally, nationally or globally, which may include but is not limited to supporting Club-Asteria sponsored global charities
- Business education and personal growth, especially using the vast library of courses of study available on the Club-Asteria website as part of your membership
- Building your business by developing your website, utilizing or selling any one of our products and services, sharing the Club Asteria benefits and services with your family, friends, neighbors, coworkers and other associates.
- You MUST be courteous to our administration staff at all times, regardless of any problems you might be experiencing.
- You must be willing and able to receive emails from CLUB-ASTERIA as a requirement of your membership.
8. Spam
If you are found to have spammed, CLUB-ASTERIA reserves the right without warning to disable or terminate your account immediately. All funds and Asterio points will be forfeited. CLUB-ASTERIA may impose a penalty for each spam policy violation. CLUB-ASTERIA also reserves the right to determine what violates this policy, in which case any violation that occurs will result in account termination without refund of any monies.
9. Refusal of Service
CLUB-ASTERIA, at its sole discretion, reserves the right to refuse or cancel service to any Member. Violation of any polices, rules or regulations could result in a warning or possible account termination. Accounts may be terminated for any reason and without any prior notice to the Member or Advertiser. Accounts terminated due to policy violations will not be subject to refunds.
10. Club Asteria Philanthropic Projects
Due to contributions to our philanthropic projects Club Asteria reserves the right to operate additional businesses that may or may not contribute to the revenue of Club Asteria.
11. Anti-Money Laundering & Anti Fraud Policy
CLUB-ASTERIA has a zero-tolerance policy towards money laundering and other fraudulent activities. Therefore, suspicious activities are monitored and reported immediately to the authorities.
- We reserve the right to verify the identity of every Member who holds an account with CLUB-ASTERIA.
- We generally will not transfer funds to third parties. Such requests will be granted only under specific circumstances.
- CLUB-ASTERIA is not a bank or an investment company. You may use our transfer facility only to fund your account and withdraw proceeds of your moneys. Frequent transfer activity will be monitored and if CLUB-ASTERIA detects that an account is used for anything other than that which CLUB-ASTERIA is offering within their site, the account will be blocked and thorough documentation will be requested as to the origin of the funds and the identity of the beneficiaries.
- In addition, criminal, fraudulent or other illegal activity can result in loss of membership and future earnings, and Club Asteria will cooperate with local officials as requested to prosecute as requested.
13. Communication with Club Asteria
We reserve the right to e-mail you at any time regarding issues related to your account and your use of your CLUB-ASTERIA account. You agree that all transactions involving your CLUB-ASTERIA account are final and not reversible, and you understand that there is no refund available after completing a transaction, except for your first month’s membership fee: if you cancel your membership and request it, a full refund will be issued to you within the first 30 days of joining Club Asteria.
Club Asteria disclaims liability for the action or inaction taken or not taken as a result of communications from or to its members, employees and contractors. Each person should consult their own counsel, accountant and other advisors as to legal, tax, economic, investment, and related matters concerning the Club Asteria program, products or charitable work worldwide.
14. Earnings of US Members
Earnings over $600 per year will be reported to the IRS for U.S. residents. Any controversy or claim arising under or related to these Terms of Service shall be settled by arbitration in accordance with the Hong Kong arbitration panel before a single arbitrator appointed by mutual consent of the parties to these Terms of Service. The language of the arbitration shall be English. These Terms of Service are governed by the laws of Hong Kong.
15. Assignment of this Agreement
You agree that this Agreement and all incorporated agreements may be automatically assigned by CLUB-ASTERIA, in our sole discretion, to a third party in the event of a merger or acquisition.
16. Disclaimer of Warranties
Club-Asteria MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. Club-Asteria EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. Club-Asteria DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. Club-Asteria DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
17. Limitation of Liability
IN NO EVENT WILL Club-Asteria BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF Club-Asteria HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, Club-Asteria’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
18. Indemnification
You understand and agree that you are personally responsible for your behavior on the Club-Asteria site and in your day-to-day online and offline business and personal life. You agree to indemnify, defend and hold harmless Club-Asteria, its parent companies, subsidiaries, affiliated companies, joint ventures partners, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
19. Privacy
At Club Asteria we know your number one concern is privacy. Therefore, we do everything we can to create a safe environment that makes you feel comfortable. We strongly believe that we maintain the security and privacy standards you expect.
Club Asteria complies with all the information security and privacy laws related to the control of client information and identity protection. The company and its subsidiaries are actively and continuously working to protect our Member's information.
Here is a partial list of steps we have taken:
- All of the information obtained by Club Asteria is kept strictly confidential.
- We will never sell, rent or lease any of the personal information obtained through our business for any reason. We have taken every precaution to make sure that all the personal information that we receive is maintained and/or disposed of when necessary in a safe and secure manner.
- We have implemented significant physical and electronic security measures to prevent unauthorized access to Member information.
- We limit employee access to Member information.
- We monitor our computer systems and all security measures on a regular basis.
- Our employees are trained on a regular basis to increase their awareness to privacy and security issues, optimizing Member information protection and privacy.
20. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
21. Unsolicited Idea Submission Policy
Club-Asteria does welcome feedback regarding many areas of Club-Asteria’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback or ideas that you provide shall be deemed an unsolicited User Submission and you agree that (1) your idea will automatically become the property of Club-Asteria, without any compensation to you; (2) Club-Asteria will have no obligation to return your idea to you or respond to you in any way; (3) Club-Asteria will have no obligation to keep your idea confidential; and (4) Club-Asteria may use your idea for any purpose whatsoever, including giving your idea to others.
22. User Supplied Information
You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Club-Asteria the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
23. Password Security
All Club-Asteria Members are responsible for maintaining the confidentiality of their own identification and password information, and for restricting access to their computer. You agree to accept responsibility for all activities that occur under your identification and password.
24. No investment advice
CLUB-ASTERIA Sites are not intended to provide tax, legal, insurance or investment advice, and nothing on the CLUB-ASTERIA Sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by CLUB-ASTERIA or any other third party. However, certain information or tools available on external affiliate sites may be deemed to provide general investment advice within the meaning of the securities laws based upon your personalized input.
In utilizing these affiliate sites, unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you, based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
In addition, criminal, fraudulent or other illegal activity can result in loss of membership and future earnings, and Club Asteria will cooperate with local officials as requested to prosecute as requested.
25. General Provisions
a. Entire Agreement/No Waiver. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Club-Asteria of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Club-Asteria therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Club-Asteria does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Club-Asteria’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of Hong Kong without regard to any conflict of laws’ provisions.
Effective Date: April 27, 2011