StarSightings Terms of Service
The following terms and conditions apply to users of the site www.starsightings.com and the StarSightings iPhone application (both, "StarSightings"). By accessing StarSightings (hereinafter “we”, “us”, “our”, “StarSightings”, and “starsightings.com”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use StarSightings or StarSightings applications. We may change these terms at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of StarSightings after changes means you agree to be legally bound by these terms as they are updated and/or amended. By using these services and applications, you are agreeing to these terms.
StarSightings reserves the right to amend these terms, and it's applications and services provided from time to time, without notice. You are bound by any such revisions and should therefore periodically review the most current Terms to which you are bound when using the services and applications. If you do not agree, do not use StarSightings.
StarSightings is operated by StarSightings, Inc. at 227 Bellevue Way NE #342, Bellevue, Washington 98004. Our support email address is email@example.com and other contact information may be found at http://www.starsightings.com/contact.html.
USE OF THE SERVICES
In order to access StarSightings, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the applications and services. You agree that any registration information you give will always be accurate, correct and up to date. You agree to use StarSightings only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree that you will not engage in any activity that interferes with or disrupts the StarSightings services and applications (or the servers and networks which are connected to the services and applications).
Unless you have been specifically permitted to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the StarSightings services and content for any purpose.
You agree that you are solely responsible for (and that StarSightings, Inc. has no responsibility to you or to any third party) any breach of your obligations under these Terms and for the consequences (including any loss or damage which StarSightings, Inc. may suffer) of any such breach.
RESTRICTIONS ON USE
Access to StarSightings is permitted on a temporary basis. StarSightings, Inc. will not be liable if StarSightings applications and services are unavailable at any time or for any period. All rights are reserved. Neither title nor intellectual property rights are transferred to you by use of or access to StarSightings. Material on this site is provided for lawful purposes only.
YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access StarSightings. Accordingly, you agree that you will be solely responsible to StarSightings, Inc. for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify StarSightings, Inc. immediately at firstname.lastname@example.org .
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, StarSightings are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the applications and services, may be protected by intellectual property rights which are owned by the source of the content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by StarSightings or by the owners of that Content, in a separate agreement.
You understand that by using the applications and services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use StarSightings at your own risk. You agree that you are solely responsible for (and that StarSightings, Inc. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the applications and services and for the consequences of your actions (including any loss or damage which StarSightings may suffer) by doing so.
StarSightings, Inc. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service or application.
All remarks, suggestions, ideas, photos, creative concepts, graphics, or other information communicated through this site or otherwise sent to starsightings.com, StarSightings, Inc., including without limitation, product or advertising ideas, (collectively the Submissions) will be the property of and owned by StarSightings, Inc. and you hereby assign all right, title and interest in Submissions to StarSightings, Inc. Without prejudice to the foregoing, you hereby grant StarSightings, Inc. and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive licence to reproduce, modify, adapt and otherwise use (in whole or in part) Submissions for any purpose, commercial or otherwise, and you hereby waive any moral rights and similar rights in the Submissions. Submissions will not be confidential, and StarSightings, Inc. has the right to use, copy, distribute and disclose to third parties all Submissions. StarSightings, Inc. will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, StarSightings, Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere. StarSightings, Inc. does not monitor Submissions to determine whether they include any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or other material that could constitute or encourage criminal or unlawful conduct and you agree not to submit any such materials. You acknowledge that you are responsible for whatever Submission you send, and you, not StarSightings, Inc., have full responsibility for the message, including its legality, reliability, and originality. StarSightings, Inc. reserves the right to alter or amend any material submitted by competition entrants, prior to publication, so that any unsuitable language or any inappropriate references to named persons, are deleted.
RESTRICTION OF LIABILITY
Under no circumstances shall StarSightings, Inc. be liable for any damages whatsoever (including, but not limited to direct, incidental, consequential or indirect loss or damage, including lost profits, loss of income or revenue, loss of goodwill, business interruption or loss of data or information, or punitive damages even if StarSightings, Inc. was notified in advance of the potential of such damages) harm, or injury whatsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use StarSightings or any of the materials of StarSightings or sites "hot-linked" to StarSightings, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. Nothing in these terms excludes StarSightings, Inc.'s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. The material on StarSightings could include technical inaccuracies or typographical errors. The materials on StarSightings are provided "as is" and without warranties of any kind, expressed or implied. To the fullest extent permissible by applicable laws, StarSightings, Inc. disclaims all liability for negligence and disclaims all representations and warranties, expressed or implied, (whether by statute, common law, course of dealing, trade usage or otherwise) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. StarSightings, Inc. Does not warrant or make any representations that use of StarSightings will be uninterrupted or error-free, that the contents will be correct accurate or reliable, or that StarSightings or the servers and applications that makes it available are free of viruses or other harmful components. StarSightings, Inc. does not warrant or make any representations and expressly disclaims all liability and responsibility regarding use of or reliance upon information contained in StarSightings in terms of its accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction.
This agreement shall be governed in accordance with the laws of the United States, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this site are made available only to provide information about StarSightings, which controls and operates this site from the United States and makes no representation that these materials are appropriate or available for use in other locations.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse StarSightings by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to StarSightings, the service on which StarSightings is stored or any server, computer or database connected to StarSightings. You must not attack StarSightings via a denial-of-service attack or a distributed denial-of service attack.
StarSightings, Inc. will not be liable for any loss or damage caused by a distributed denial-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of StarSightings or to your downloading of any material posted on it, or on any website linked to it.