This agreement describes the general terms and conditions applicable to the use of the services offered by The Astian Foundation, hereinafter referred to as Astian. The Services and Product offered within the site https://www.astian.org. Any person who wishes to access and / or use the site or the Services may do so subject to the General Terms and Conditions, along with all other policies and principles governing Astian.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A MANDATORY AND BINDING CHARACTER, SHALL BE FREE FROM USING THE SITE AND / OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies as well as in the other documents incorporated to them by reference, prior to their registration as Astian User.
USE OF THE SERVICES PROVIDED BY ASTIAN
The User is requested not to use the Services and Product improperly, accessing these only through the resources provided in the interface, otherwise we will be obliged to suspend our Services and Product for the time we deem appropriate. In addition to the pertinent legal sanctions that the misuse of the Services entails will be governed under Colombian legislation.
The intellectual property of our Services must always be kept public, as several of the Services offered by the Astian Foundation are open source, all are subject to licensing to ensure the intellectual property of the author. However, it is totally prohibited to use our image improperly and without recognizing the property that Astian has on this and on the Services it offers.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. The user may opt-out of receiving such messages.
MODIFYING AND FORKING CODE.
The User, and the community in general, have access to part of the source code of the Services provided by Astian. All the source code published by Astian is subject to open source licenses (for example GPL, AGPL, APL), therefore the User must be subject to the duties that are granted to him when taking source code of the Services, taking into account the relevant internationally acknowledged open source legal stipulations.
In addition to the above, it should be clarified that Astian also maintains part of its code as private, and therefore it is not necessary to subtract or replicate it, Privately maintained code is duly indicated as such in the respective license agreement.
In addition, the availability of the code accessible to the User or community, is subject to the control of Astian. However, the User may retain code that Astian relinqushes from its control, subject to what is established herein.
PRIVACY OF DATA AND INFORMATION
UPDATE AND MODIFICATION OF THE SERVICES
Astian is committed to continually improving its Services and Products. Astian will notify the user by electronic means of any updates of Services or Products. The user has the right to control whether non-web Services are updated manually or automatically. However, it is (required or encouraged?) that the most recent versions of non-web Services are used. The functionality and characteristics of the Services or Products may suffer alterations that Entail the removal or modification of Partial or complete of specific functions. Astian reserves the right to modify and/or remove partial or complete functionalities and characteristics that are associated with its Products or Services.
RESPONSIBILITY FOR CONTENT
Users are free to create or modify code based on Astian software within limits stipulated by Atian or Columbian law. Astian May modify or eliminate content that breaches these limits without prior approval from the User.This in order to guarantee a space suitable for the general public.
Astian is subject to legal rules within the jurisprudence of the territory of Colombia that oblige it to provide information of regarding the User to entities of control of security and public order, as required.
All information, files, images, multimedia content, code, and by extension any information other than personal information that the user chooses to share through the services of the Astian Foundation, will grant Astian the right to host, store, reproduce, modify, create derivative works, translations, adaptations or modifications that Astian can use to improve its Products or Services- example creative commons by saving the authorship of the user that makes the contribution. This last sentence probably shouldn’t be in this section.
DISCLAIMER OF LIABILITY
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS
The user guarantees to Astian that it has all the rights of reproduction, modification and publication of the content that is made public through the services or products of Astian. Astian owns all the rights of authorship and the inherent intellectual property to Said contents. Astian is not responsible for infringement of intellectual property; Trade secret; Rights of image or other use that goes against the current legislation.
In no event shall Astian be liable to You or any interested third party for any damages, whether direct or indirect; Loss of profits, moral or consequential damages caused by your use of the service or through it, even if we are notified of the possibility of the damage or if we are aware of the possibility of occurrence of the same.
You agree to bear the costs of defending, indemnifying and defraying any damages arising from costs, pecuniary convictions, interests, criminal convictions, fees and others in which the Astian Foundation may incur in connection with any claim, complaint, or other action brought by any third party Arising out of Your use of the Service, or the use that any other person makes of your account, including the possible claim of violation of any applicable law.
DAMAGE CAUSED BY COMPUTER SYSTEMS FAILURE
Astian is not liable for any damages - whether such damage arises from, loss of profit, loss of life or other damage, loss or damage to the User caused by system, server or Internet failures. Astian will not be responsible for any malware or other computer threats that could infect the User's computer as a result of access, use or examination of any of the Services or any transfer of data, files, images, texts, or audio contained in some of these. The Users will not be able to impute any liability nor demand payment for lost profit, emergent or moral damage, by virtue of damages resulting from technical difficulties or system failures or on the Internet. Astian does not guarantee the access and continuous or uninterrupted use of your site.
The system may eventually be unavailable due to technical difficulties or Internet failures, or by any other circumstances outside of Astian; In such cases, efforts will be made to restore it as quickly as possible without any liability being imputed.
ACCESS TO THIRD PARTY CONTENTS
Through the Astian service or software, it is possible to access third party sites, content of which, Astian Foundation does not assure its truthfulness, authenticity, reliability, integrity, security or otherwise. Accessing them is at the discretion of the user, and at his own risk. The Astian Foundation makes no express or implied warranties of any kind on sites, services, or content hosted by third parties. Likewise, The Astian Foundation is not responsible for damages, loss of profits, emerging damages or moral damages derived from access to third-party sites through hyperlinks made available by other users or by the same Astian Foundation, when using the software And / or its services.
Likewise, the Astian Foundation is not adjudicated to represent the legal, economic or other interests of said sites or contents of third parties, establishing the defense, protection and other legal attributions in the respective owners of such services or contents.
ASTIAN'S SERVICES OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER WHICH IS PERMITTED BY APPLICABLE LAW. YOU ASSUME ALL RISK AND POSSIBLE DAMAGES ARISING OUT OF THE USE OF SOFTWARE OR ASTIAN FOUNDATION SERVICES.
COURT AND APPLICABLE LEGISLATION
ABOUT THE TERMS AND CONDITIONS
The terms and conditions presented herein may be modified in any way by Astian to improve Services offered or also to comply with legal requests that arise. Users will be informed of such changes through the means arranged for this purpose. Subsequent to the publication of a new version of this document, its additions or modifications will take effect immediately. In case of a conflict between these conditions and the additional conditions, the additional conditions will prevail in everything related to this conflict.
These conditions govern the relationship between Astian and the User, and do not generate any rights in favor of third parties.
If the User does not comply with these conditions, and Astian does not take immediate action, this does not imply any waiver of any rights that may correspond to the latter (such as initiating an action in the future). If any provision of these conditions is [inapplicable], this will not affect the validity of the remaining conditions.