AstroImagers.com Terms of Service
Effective date: June 19, 2016
The following terms and conditions govern all use of AstroImagers.com,
its content, services and applications (the “Services”), including any other applications
that link to this agreement.
BY ACCESSING, USING, OR REGISTERING FOR THE SERVICES, YOU
CONFIRM THAT YOU AGREE TO THESE TERMS (the “Agreement”). If you do not agree,
you may not use the Services.
About the Services
Par6, its parent and affiliates (“we” or “us”) make
available the Services to you on the condition that you abide by this
Agreement. The Services give users the ability to access and share their
profiles and other content. We may, in our sole discretion, change any aspect
of the Services or discontinue any Service without notice. The Services are
based in the United States. The Services are not designed or customized for any
other country; you may use them only if they comply with the laws of the
country from which you are accessing our Services.
Please read this Agreement carefully before creating,
accessing or using the Services. You understand and agree that this Agreement
governs your relationship with us and has the same effect as an agreement in
Your AstroImagers.com Account and Site
Registration is optional; however, you will need to register
with us and create a username to use certain Services and features. A username
is a unique identifier selected or supplied by you or provided by us and is
used to identify you on our Services. To register a username and create an
account, you must be at least 13 years of age. You must give us true and
accurate information about yourself and keep that information up to date. We
may refuse or reject a username in our discretion.
If you create a profile on the Services, you are responsible
for maintaining the security of your account and profile, and you are fully
responsible for all consequences and activities that occur under your account.
You must not describe or assign keywords to your profile in a misleading or
unlawful manner, including in a manner intended to trade on the name or
reputation of others, and we may change or remove any description or keyword
that it considers inappropriate or unlawful, or otherwise likely to cause us
liability. You must immediately notify us of any unauthorized uses of your
account or any other breaches of security.
You are responsible for safeguarding the password that you
use to access the Services and for any activities or actions under your
password. We encourage you to use “strong” passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your
account. We cannot and will not be liable for any loss or damage arising from
your failure to comply with the above requirements.
Responsibility of Contributors
If you create a profile, comment on a profile, or otherwise
transmit or post materials (e.g., text, graphics, applications, etc.) on the
Services (any such material, “Content”), you understand and agree that you are
entirely responsible for such Content that is provided by you or through your
account. This includes, for example, any personal information, such as your
home address, the home address of others, or your current location that you may
make available about yourself on the Services. WE ARE NOT RESPONSIBLE FOR THE
CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR
If you are accessing our Services by a mobile device, your
wireless carrier may charge you fees for data, text messaging, and other
wireless access or communications services. We do not guarantee that our mobile
Services can be accessed through all wireless devices or service plans or are
available in all geographical locations.
If you elect to store authentication information, such as a
username and password, where others may access it, we are not responsible for
any loss of personal data or other consequences if someone other than you uses
that information to access our services. If you lose a device, such as a
laptop, desktop, or smartphone, or a device is stolen containing your username
and password, it is up to you to take all the steps necessary to protect
To use our Services, you must:
Comply with applicable laws and regulations and not
participate in, facilitate, or further illegal activities;
Immediately notify us if you learn of a security breach or
other illegal activity on the Services;
Protect your username and password;
Not post content that contains explicit or graphic
descriptions or accounts of sexual acts or is threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or
Not engage in an activity that is harmful to us or our customers,
advertisers, affiliates, vendors, or anyone else;
Not use any automated process to access or use the Services
or any process, whether automated or manual, to capture data or content from
any Service for any reason; and
Not use any Service or any process to damage, disable,
impair, or otherwise attack our Services or the networks connected to the
You may not post content intended to provide professional
advice, including the provision of medical treatment, legal advice, or
investment advice. You may not post content to solicit, recommend, endorse, or
offer to buy or sell any securities or other financial instruments, tout
stocks, or recommend that any particular security, portfolio of securities,
transaction or investment strategy is suitable for you or any specific person.
We can take any technical, legal, and other actions that we
deem, in our sole discretion, necessary and appropriate without notice to you
to prevent violations and to enforce this Agreement.
Your Representation to Us
By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party; if your employer has
rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including
but not limited to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content; you have fully complied with any
third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms; the
Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content; the Content is not spam, is not
machine- or randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the
search engine rankings of third party sites, or to further unlawful acts (such
as phishing) or mislead recipients as to the source of the material (such as
spoofing); the Content is not pornographic, libelous or defamatory, does not
contain threats or incite violence towards individuals or entities, and does
not violate the privacy or publicity rights of any third party; your profile is
not getting advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods; your profile is not named in a manner that misleads your
readers into thinking that you are another person or company.
By submitting Content on the Services or by linking to other
profiles on the Services for inclusion on your profile, you grant us and our
parent a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your profile. If you delete Content, we will use
reasonable efforts to remove it from the profile, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties,
we have the right (though not the obligation) to, in our sole discretion (i)
refuse or remove any content that, in our reasonable opinion, violates these
terms or any policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of an account to any individual or entity
for any reason, in our sole discretion. We will have no obligation to provide a
refund of any amounts previously paid.
During the private invitation period, if you do not complete
registration within 30 days of the time and date that the invitation email was
sent, the username you reserved will become available to others. You may not
impersonate another person or claim a name for your profile that does not
belong to you (i.e. “name squatting”). We are committed to ensure the rights of
trademark owners and the right of individuals in the public sphere to claim
their legal names and associated monikers on the Services. You understand and
agree that you will forfeit a username and your account if the rightful owner
protests your claim, or if such username is associated with a trademark or
We reserve the right to charge or change the payment terms
and fees for any Service or feature upon thirty (30) days prior written notice
to you. If you do not agree to the fees, you may terminate the Services before
the new fees take effect without penalty to you.
Responsibility of Profile Visitors
We can remove Content for any reason, but we have no
obligation to do so. The Content provided on the Services, including Content
posted by users, is for general information, discussion and entertainment
purposes only. We make no representations or guarantees about any aspect of the
content on the Services and do not endorse any opinions expressed by any users.
ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT
YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR
RELYING ON ANY CONTENT.
Copyright and Trademark Claims
Copyright and trademark owners can report alleged violations
by sending an email to firstname.lastname@example.org.
The Services and the Content provided on the Services are
protected by copyright, trademark, patent, trade secret, international
treaties, laws, and other proprietary rights, and also may have security
components that protect digital information. You agree that you will not take
any action to interfere with anyone’s rights in their content and you will not
attempt to circumvent any mechanisms for preventing the unauthorized
reproduction or distribution of Content. This Agreement does not transfer to
you any of our or third party intellectual property. Nothing in this Agreement
grants you a right or license to reproduce or otherwise use any of our or third
party’s trademarks, service marks, logos and trade names.
We may modify this TOS from time to time. If you do not
agree to the changes, stop using our Services (and remember to cancel any
fee-based services) before the changes take effect. Your use of a Service after
the effective date of any changes means that you agree to the changes. We may also,
in the future, offer new services and/or features through the Services. Such
new features and/or services shall be subject to the terms and conditions of
this Agreement and any supplemental terms that accompany the new features.
We may terminate your access to all or any part of the
Services and terminate your account at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this Agreement
or your account (if you have one), you may simply discontinue using the
Services. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS
AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING
OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED
DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE
EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT
OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP
USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR
LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A
Limitation of Liability
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE
STATES, ASTROIMAGERS.COM’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT
PERMITTED BY LAW.
General Representation and Warranty
You represent and warrant that (i) your use of the Services
with all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the
Services will not infringe or misappropriate the intellectual property rights
of any third party.
You agree to indemnify and hold harmless us, our parent,
affiliates, contractors, and licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Profile, including
but not limited to your violation of this Agreement.
This Agreement along with any supplemental terms
accompanying certain Services constitute the entire agreement between you and
us concerning the subject matter hereof, and they may only be modified by a
written amendment signed by one of our authorized executives or if we post
changes to these terms.
You agree that the laws of California govern this Agreement
and any claim or dispute that you may have against us, without regard to California’s
conflict of laws rules. The United Nations Convention on Contracts for the
International Sale of Goods shall have no applicability. You further agree that
any disputes or claims that you may have against us reside in and will be
resolved by a state or federal court located in Orange County, California and
you agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE
LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO
THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN CALIFORNIA
OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO
THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE CALIFORNIA FOR THE PURPOSE
OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; we may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
Any information that you provide to us is subject to our
understand that through your use of the Services you consent to the collection
transfer of this information to the United States and/or other countries for
storage, processing and use by us.
Registrations, agreements, and terms presented by us
electronically to you have the same effect as one in writing and are legally
enforceable as a signed writing. You also consent to receive all communications
regarding our Services electronically from us. The delivery of any
communication from us is effective when sent by us, regardless of when you
receive or read the communication. In addition, we are not responsible for
communications that do not reach you if you have not provided us with your
current contact information. If you decided not to receive notices from us
electronically, we may cancel your account and terminate access to the
Last Updated: June 19, 2016