📃Terms of Service

Welcome to Astrapon. The site and the Astrapon game contained within (collectively “Astrapon”) are operated by Astrals Operations LLC and Mekka Lab.

This Terms of Service agreement (“Agreement”) is entered into between you (hereinafter referred to as “you” “your” “user” or “player”) and Astrals Operations LLC and Mekka Lab (collectively the “Operator” or “we”). By accessing, using or attempting to use Astrapon (defined below) in any capacity, you acknowledge that you accept and agree to be bound by the terms and conditions set forth in this Agreement. In addition, when using some features of Astrapon, you may be subject to specific additional terms and conditions applicable to those features.

Please read the Agreement carefully as it governs your use of the Astrapon site and service. By making use of Astrapon, you acknowledge and agree that (1) You are aware of the risks associated with transaction of digital currencies; (2) You shall assume all risks related to the use of Astrapon and transactions of digital currencies; and (3) Neither Astrals Operations LLC, any of its subsidiary or parent companies, nor Mekka Lab shall be liable for any such risks or adverse outcomes.

1. Acceptance and Amendment of the Agreement

If you do not agree to any terms or conditions of this Agreement you should immediately stop using Astrapon. At our discretion, we may amend this Agreement from time to time and will notify users of such changes by updating the Terms of Service on our website and modifying the date displayed on this page. Any and all modification or changes to these terms will become effective upon publication on the Astrapon website. You agree that your access or use of Astrapon following such publication will be deemed to constitute your acceptance of any amendments made to the Agreement. It remains your responsibility to ensure that you are aware of the correct and current terms and conditions of the Agreement, and we advise you to check the Terms of Service on a regular basis. We may terminate or suspend your use of Astrapon services and/or this site at any time, at our sole discretion, and for any reason which may include, but is not limited to, a breach by you of the Agreement without providing any financial compensation to you. Due to the rapid development of digital currencies and NFTs, as well as rapid growth and changes involving Operators, this Agreement between you and Operators does not enumerate or cover all rights and obligations of each party, and does not guarantee full alignment with needs arising from future development. Your use of Astrapon is deemed your acceptance of the above supplementary terms.

2. Use of the Site and Services

Astrapon may only be used by you if you are age 18 or over, and are also over the age for which the Astrapon site and services are legal under the laws of any jurisdiction which applies to you (the "Legal Age"). Astrapon is not designed to appeal or target those who have not yet reached Legal Age. If you are not of Legal Age, you must immediately stop accessing and using Astrapon.

3. The Services

Astrapon is a Web3 capsule toy machine that allows the player to win prizes in exchange for payment of digital currency. Examples of prizes that can be won include, but are not limited to, NFTs, ASTRALS digital toys, merchandise, early or unique access to future ASTRALS content, and items redeemable for arcade tokens which can in turn be redeemed for prizes from the Arcade Wall. Arcade Wall prizes are substantially of the same type and nature as the prizes won from the Astrapon.

4. Definitions

a. Mekka Lab refers to an ecosystem comprising Mekka Lab websites (whose domain names include but are not limited to https://mekkafroggo.com/), mobile applications, clients, applets and other applications that are developed to offer Astrapon, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of other Mekka Lab platforms and the contents of this Agreement, the respective applicable terms of such platforms shall prevail.

b. Mekka Lab Operators refer to all parties that run Mekka Lab, including but not limited to legal persons, unincorporated organizations and teams that provide Astrapon and are responsible for such services.

c. Astrals Operations LLC, a Nevada, U.S. company, refers to the operational subsidiary of Astrals Founders Ltd, the parent company of Astrals NFT. d. Users refer to all individuals, institutions or organizations that access or use Astrapon and who meet the criteria and conditions stipulated by Mekka Lab.

e. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

f. Non-Fungible Tokens (NFTs) refer to encrypted or digital tokens that are non-fungible and are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

5. Your Representations

By visiting or using Astrapon you represent, warrant and affirm: a. you are of Legal Age under the laws and jurisdictions that apply to you; b. you have verified and determined that your use of Astrapon does not violate any laws or regulations of any jurisdiction that applies to you, and you will not use the Astrapon site or service or any materials and information contained therein, in connection with any unlawful activity; c. you shall use Astrapon in complete accordance with the terms and conditions of the Agreement, as amended from time to time; d. you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the list of Specially Designated Nationals (SDNs) maintained by the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury, or the Denied Persons or Entity list of the U.S. Department of Commerce. The Operators reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Astrapon in certain countries or regions. e. you will not use Astrapon, or any information contained on the Astrapon site for any illegal or unauthorized purposes that violates any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); f. not impersonate any individual, person, or entity, other than yourself; g. you waive any right to participate in a class action or trial by jury against the Operators or their affiliates in any jurisdiction where such waiver is possible and agree to submit to arbitral proceedings in the event of a dispute as further set out in these Terms of Service. h. if you are using Astrapon on behalf of an organization, company, or entity (collectively, a “Subscribing Organization”) then you represent and warrant that you: (i) are authorized as a representative or agent of that Subscribing Organization with sufficient authority to bind that Subscribing Organization to the Agreement; (ii) have read the Agreement; (iii) understand these Agreement, and (iv) agree to these Agreement on behalf of such Subscribing Organization.

6. Prohibited Activities

By visiting or using Astrapon you agree not to and not to permit others to: a. access or collect any personally identifiable information of other users or visitors of Astrapon for any reason whatsoever; b. use the Astrapon site, services, or site content in connection with any unlawful activity; c. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; d. to harvest or collect any data or information through the site, or use any bot, spider, scraper or any other means, automated or otherwise, to access the site; e. disclose any non-public data about Astrapon to any third parties; f. distribute any malicious code viruses, spyware, trojans, worms, spybots, keyloggers or any other form of malware, droppers, logic bombs, hidden files, locks, clocks, copy protection features, CPU serial number references or any other device of similar intent to the Site or Services or upload any upload files designed to harm Astrapon sites, services or the users or visitors to the site or users of the services; g. not modify, lease, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Astrapon content or trademarks; h. make the software or code available to any third party through a computer network or otherwise; i. not to take any action that would reduce or harm the Operator’s, their affiliates or Astrapon’s goodwill or reputation.

7. Compliance with Local Laws

It is your responsibility to abide by your local laws in relation to the legal usage of Astrapon in your jurisdiction as well as other laws and regulations applicable to you. You must also factor, to the extent of your local laws, all aspects of taxation, the withholding, collection, reporting and remittance to your appropriate tax authorities. By using Astrapon, you hereby acknowledge and declare that your funds come from legitimate sources and do not originate from illegal activities.

8. Intellectual Property Rights

Astrapon Content and Trademarks are protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Astrapon services or by using or visiting the Astrapon site, you obtain no rights in the TradeMarks and Astrapon Content, and you may only use the same in complete accordance with the Agreement. You agree not to remove or alter any copyright material or notices or any other proprietary material or notices on Astrapon.

9. Disclaimer

YOUR ACCESS TO AND USE OF THE ASTRAPON SITE OR SERVICE, ANY ATTEMPTS TO WIN PRIZES, OR ACCEPTANCE OF ANY AND ALL PRIZES WON FROM THE ASTRAPON GAME OR ARCADE WALL IS AT YOUR SOLE OPTION, DISCRETION AND RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ASTRAPON SITE AND SERVICE, AND ANY PRIZE, PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR WON FROM THE ASTRAPON, ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OPERATORS EXPRESSLY DISCLAIM, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

WITHOUT LIMITING THE FOREGOING, OPERATORS DO NOT REPRESENT OR WARRANT THAT THE ASTRAPON WEBSITE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPERATORS DO NOT GUARANTEE THAT ANY PURCHASE OR ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN.

EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF ASTRAPON. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OPERATORS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY OPERATORS AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ANY ACTIONS NOT AUTHORIZED BY OPERATORS; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY OPERATORS.

THE OPERATORS MAKE NO WARRANTY THAT THE ASTRAPON SITE AND SERVICES AND ALL MATERIALS ON THE SITE OR MADE AVAILABLE VIA THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES, SPYWARE, MALWARE OR BUGS. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

10. Limitation of Liability

To the maximum extent permitted by applicable law, you hereby acknowledge that in no event will the Operators, their affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representative, suppliers, or licensors be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever (including, without limitation, damages for loss of revenue, profits, opportunity, or other business or financial benefits) arising from or in any way connected with your, or any third party's, use or access of Astrapon, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated prizes), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage). The Operator, their affiliates and licensors shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Astrapon site. You confirm that the Operator shall not be liable to you or any third party for any modification to, suspension of, or discontinuance of the Astrapon site or service.

11. Indemnification

By visiting or using Astrapon, you agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents, licensors, suppliers, harmless (collectively the “Indemnified Parties”) immediately on demand, from and against and all claims, liabilities, proceedings, damages, losses, liabilities, fines costs and expenses of any kind which includes but is not limited to legal fees, arising out of or incurred as a result of: (i) any breach of the Agreement; (ii) your access or use of Astrapon (or by anyone else using your identity or crypto wallet); (iii) your violation of any law; (iv) your negligence; (v) your willful misconduct (collectively the “Claims”). You hereby agree: (i) to immediately notify us of any Claim; (ii) not to settle any Claim without our prior written consent; (iii) that the Indemnified Parties (as applicable) may assume the defense of any claim and you shall co-operate to all reasonable requests for information and assistance with respect to the Claims; and (iv) we will have the right, in our sole discretion, to control any action or proceeding and to determine whether Operators wish to settle, and if so, on what terms. You shall have the right to employ separate counsel of any Claim and to participate in the defense thereof. In the event that the Indemnified Parties (as applicable) do not notify you that we elect to undertake the defense of the Claim, you shall have the right to defend the Claim with counsel reasonably acceptable to the Indemnified Party, subject to the applicable Indemnified Parties right to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

12. Termination of the Agreement

We may terminate the Agreement as well as terminate your access to Astrapon immediately without notice to you and without any financial compensation to you: a. if for any reason we decide to discontinue to provide the Astrapon game or site or any part thereof, in general or specifically to you; b. if we believe that you have breached any of the terms of the Agreement; c. if your use of Astrapon has been in any way improper or breaches the spirit of the Agreement; or d. for any other reasonable grounds we see fit.

13. Severability

To the extent permitted by law, all provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision.

14. Surviving Provisions

Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 5-18 (inclusive) hereof shall survive termination of this Agreement.

15. Waiver

No waiver by us of any terms of the Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the Agreement.

16. Third Parties

Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. Nothing in the Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us. Nothing in the Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

17. Assignment

We reserve the right to transfer, assign, sublicense or pledge the Agreement, in whole or in part, without your consent: (i) to any entity within the same corporate or business group as the Operators, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which an Operator may be involved in. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the Agreement.