Share Astronomy Logo

Log In

 

Home >> Terms of Service

Share Astronomy Terms of Service


  1. Description of Service
    1. By using the shareastronomy.com web site ("Service"), a service of Neal Street Design, Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service").
    2. The Service may include advertisements, which are necessary for Neal Street Design, Inc. to provide the Service, as well as service announcements, administrative messages, and other communications from Share Astronomy which shall be considered part of Share Astronomy membership. You will not be able to opt out of receiving such messages.
    3. Unless explicitly stated otherwise, these Terms will govern any new or additional features that enhance or augment the current Service.
    4. You understand and agree that the Service is provided “AS-IS” and that Neal Street Design, Inc. assumes no responsibility for timeliness, deletion, misdelivery, or failure to store any user communications, personal settings, or information.
    5. You are responsible for obtaining access to the Service, which may include third-party fees (such as ISP or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you are responsible for all equipment necessary to access the Service.

  2. Acceptance of the Terms
    1. Neal Street Design, Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
    2. When using the Share Astronomy Service, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted and amended from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
    3. In order to use the Service, you must first agree to the Terms; if you do not agree to the Terms, you may not use the Service. You can accept the terms by actually using the Service.

  3. Use of the Service
    1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service.
    2. You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any copyright laws, or any laws regarding the export of data or software to and from the United States or other relevant countries).
    3. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
    4. You understand that all information, data, text, photographs, graphics, video, messages, tags, or other material (“Content”) whether posted publicly or transmitted privately, is your responsibility and you are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Service.
    5. Neal Street Design, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
    6. You agree that you are solely responsible for (and that Neal Street Design, Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Neal Street Design, Inc. may suffer) of any such breach.
    7. You agree that you are solely responsible for (and that Neal Street Design, Inc. has no responsibility to you or to any third party for) any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
    8. You agree not to use the Service to:
      1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, a Share Astronomy official, project moderator, blog poster, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
      11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
      12. "stalk" or otherwise harass another; and/or
      13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 3.8.1 through 3.8.13 above.

  4. Provision of the Service by Share Astronomy
    1. Share Astronomy is constantly changing. You acknowledge and agree that the form, nature, and content of the Service which Share Astronomy provides may change from time to time without prior notice to you.
    2. As part of this continuing innovation, you acknowledge and agree that Neal Street Design, Inc. may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Neal Street Design, Inc.’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Neal Street Design, Inc. when you stop using the Service.
    3. You acknowledge and agree that if Neal Street Design, Inc. disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.
    4. You acknowledge and agree that while Share Astronomy may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Neal Street Design, Inc. at any time, at Neal Street Design, Inc.'s discretion.

  5. Registration, Password, and Security.
    1. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”).
    2. You agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
    3. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Neal Street Design, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Neal Street Design, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
    4. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.
    5. You agree and understand also that you are solely responsible to Neal Street Design, Inc. for all activities that occur under your account.
    6. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security you agree to notify Neal Street Design, Inc. immediately at "abuse at nealstreetdesign dot com".
    7. At the end of each session, you agree to exit from your account.
    8. You acknowledge, consent, and agree that Neal Street Design, Inc. may access, preserve, and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
      1. comply with legal process;
      2. enforce the Terms;
      3. respond to claims that any Content violates the rights of third parties;
      4. responds to your requests for customer services; or
      5. protect the rights, property, or personal safety of Neal Street Design, Inc., its users, and the public.
    9. Neal Street Design, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  6. Privacy Policy.
    1. Registration Data and certain other information about you are subject to our Privacy Policy.
    2. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
    3. For more information about Share Astronomy’s privacy practices, please read our full privacy policy at www.shareastronomy.com/privacy. This explains our data practices, how we treat your personal information, and how we protect your privacy when you use the Service.

  7. Content in the Service.
    1. You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
    2. If you are the person from whom the Content originated, you understand that Neal Street Design, Inc. does not claim ownership of the Content, however, with respect to Content you submit or make available for inclusion, you grant Neal Street Design, Inc. the following worldwide, royalty-free, and non-exclusive license:
      1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Share Astronomy, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service shall exist only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Neal Street Design, Inc. removes such Content from the Service.
      2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Neal Street Design, Inc. removes such Content from the Service.
      3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
      4. "Publicly accessible areas" of the Service are those areas of the Share Astronomy network that are intended by Share Astronomy to be available to the general public.
    3. You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Share Astronomy (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 the owners of that Content, in a separate agreement.
    4. Share Astronomy 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.
    5. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
    6. You agree that you are solely responsible for (and that Share Astronomy has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Share Astronomy may suffer) by doing so.

  8. Interstate Communications
    1. When you register with Share Astronomy, you acknowledge that you will likely use our services to send electronic communications, such as blog comments, or messages through the personal messaging feature.
    2. You further acknowledge that, regardless of where you are physically located at the time of a transmission, the nature of electronic communications is such that interstate communications may occur, and that your use of the service may result in such interstate data transmissions.
    3. The personal message feature of Share Astronomy allows you to access and search your message history from any computer with access to the internet. Whether you keep messages or not, other users may opt to save conversations with you on their Share Astronomy account. Your agreement to these Terms constitutes your consent to allow Share Astronomy to store this communications on its servers.

  9. Proprietary Rights
    1. You acknowledge and agree that Share Astronomy owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Share Astronomy and that you shall not disclose such information without our prior written consent.
    2. Unless you have agreed otherwise in writing with Share Astronomy, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
    3. Other than the limited license set forth herein, Share Astronomy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Share Astronomy, you agree that you are responsible for protecting and enforcing those rights and that Share Astronomy has no obligation to do so on your behalf.
    4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
    5. Unless you have been expressly authorized to do so in writing by Share Astronomy, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  10. Grant of License from Share Astronomy
    1. Share Astronomy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the object code of its Software provided to you by us as part of the Service as provided to you by us (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Share Astronomy, in the manner permitted by these Terms.
    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Neal Street Design, Inc., in writing.
    3. Unless Neal Street Design, Inc. has given you specific written permission to do so, you may not assign (or grant a sub-licensee of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

  11. Content License from You
    1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give Neal Street Design, Inc. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service.
    2. By submitting ideas, suggestions, documents, etc. (“Contributions”) to Share Astronomy, you acknowledge and agree that:
      1. your Contributions do not contain confidential or proprietary information;
      2. Neal Street Design, Inc. is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
      3. Neal Street Design, Inc. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
      4. Neal Street Design, Inc. may have something similar to the Contributions already under consideration or in development;
      5. your Contributions automatically become the property of Neal Street Design, Inc. without any obligation of Neal Street Design, Inc. to you; and
      6. you are not entitled to any compensation or reimbursement of any kind from Neal Street Design, Inc. under any circumstances.
    3. You confirm and warrant to Neal Street Design, Inc. that you have all the rights, power and authority necessary to grant the above license.

  12. Software Updates
    1. The Software which you use may automatically download and install updates from time to time from Share Astronomy. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Share Astronomy to deliver these to you) as part of your use of the Service.

  13. Usage and Storage
    1. You acknowledge that Neal Street Design, Inc. may establish general practices and limits concerning use of the Service, including without limitation:
      1. the maximum number of days that email messages, blog post comments, project files or other uploaded Content will be retained by the Service,
      2. the maximum number of email messages that may be sent from or received by an account on the Service;
      3. the maximum size of any email message that may be sent from or received by an account on the Service;
      4. the maximum disk space that will be allotted on Share Astronomy's servers on your behalf; and
      5. the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
    2. You agree that Neal Street Design, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content, including project images, other files, or descriptions maintained or transmitted by the Service.
    3. You acknowledge that Neal Street Design, Inc. reserves the right to log off accounts that are inactive for an extended period of time.
    4. You further acknowledge that Neal Street Design, Inc. reserves the right to modify these general practices and limits from time to time.

  14. Ending our relationship
    1. The Terms will continue to apply until terminated by either you or Neal Street Design, Inc. as set out below.
    2. You may terminate your legal agreement with Share Astronomy by:
      1. notifying us at anytime, and
      2. closing your accounts for all of the Services which you use, wherever Share Astronomy has made this option available to you.
    3. Your notice should be sent, in writing, to: Neal Street Design, Inc., 555 Front St., Suite 803, San Diego, California, U.S.A.
    4. Neal Street Design, Inc. may at any time terminate its legal agreement with you if:
      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or
      2. Neal Street Design, Inc. is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
      3. the partner with whom Neal Street Design, Inc. offered the Service to you has terminated its relationship with Share Astronomy or ceased to offer the Service to you; or
      4. Neal Street Design, Inc. is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the service; or
      5. the provision of the Service to you by Neal Street Design, Inc. is, in Neal Street Design, Inc.’s opinion, no longer commercially viable; or
      6. Share Astronomy experiences unexpected technical or security issues or problems; or
      7. Share Astronomy notices extended periods of inactivity.
    5. Nothing in this Section shall affect Neal Street Design, Inc.’s rights regarding provision of Service under Section 4 of the Terms.

  15. Indemnity
    1. You agree to indemnify and hold Neal Street Design, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

  16. Disclaimer of Warranties
    1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 16 AND 17, SHALL EXCLUDE OR LIMIT NEAL STREET DESIGN INC.’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
    3. IN PARTICULAR, NEAL STREET DESIGN, INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
      2. YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
      3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
      4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED
    4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEAL STREET DESIGN, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    6. NEAL STREET DESIGN, INC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

  17. Limitation of Liability
    1. SUBJECT TO OVERALL PROVISIONS IN PARAGRAPH 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEAL STREET DESIGN, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,
        1. ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
        2. ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,
        3. ANY LOSS OF DATA SUFFERED,
        4. COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
        5. OR OTHER INTANGIBLE LOSS (EVEN IF NEAL STREET DESIGN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
        6. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
          1. THE USE OR THE INABILITY TO USE THE SERVICE;
          2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
          3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
          4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
          5. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
          6. ANY CHANGES WHICH NEAL STREET DESIGN, INC. MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
          7. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
          8. YOUR FAILURE TO PROVIDE NEAL STREET DESIGN, INC. WITH ACCURATE ACCOUNT INFORMATION;
          9. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
          10. ANY OTHER MATTER RELATING TO THE SERVICE
    2. THE LIMITATIONS ON NEAL STREET DESIGN, INC.’S LIABILITY TO YOU IN PARAGRAPH 17.1 ABOVE SHALL APPLY WHETHER OR NOT NEAL STREET DESIGN, INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  18. Trademark Information
    1. The Share Astronomy logo Trademark, and any other service marks and other Share Astronomy logos and product and service names are trademarks of Neal Street Design, Inc. (the "Share Astronomy Marks"). Without Share Astronomy's prior written permission, you agree not to display or use in any manner the Share Astronomy Marks.

  19. Copyright and Trademark Policies
    1. Neal Street Design, Inc. respects the intellectual property of others, and we ask our users to do the same.
      1. Neal Street Design, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
      2. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Neal Street Design, Inc. with the following information:
        1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
        2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
        3. a description of where the material that you claim is infringing is located on the site;
        4. your address, telephone number, and email address;
        5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
        6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
      3. Any intellectual property infringement can be reported to Neal Street Design, Inc. as follows:

          4. By mail:

          Neal Street Design, Inc.

          555 Front St.

          Suite 803

          San Diego, CA 92101


          Or:

          legal at nealstreetdesign dot com


  20. Advertisements
    1. The Service is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.
    2. The manner, mode and extent of advertising by Neal Street Design, Inc. on the Service are subject to change without specific notice to you.
    3. In consideration for Neal Street Design, Inc. granting you access to and use of the Service, you agree that Neal Street Design, Inc. may place such advertising on the Service.
    4. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
    5. You agree that Neal Street Design, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  21. Other Content/Links
    1. The Service may include hyperlinks to other sites or content or sources. Neal Street Design, Inc. has no control over any web sites or resources which are provided by companies or persons other than Neal Street Design, Inc.
    2. You acknowledge and agree that Neal Street Design, Inc. is not responsible for the availability of any such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or sources.
    3. You acknowledge and agree that Neal Street Design, Inc. shall not be responsible or liable, directly or indirectly, for any damage which may be incurred by you or loss caused or alleged to be caused by or in connection with the availability of those external sites or resources, or in connection with the use of or reliance on any such Content, goods or services available through any such site or resource.

  22. Changes to Terms and Notice
    1. Neal Street Design, Inc. may make changes to these Terms from time to time. When these changes are made, Neal Street Design, Inc. will make a new copy of the Terms of Service available at www.shareastronomy.com/terms.
    2. You understand and agree that if you use the Service after the date on which the Terms have changed, Neal Street Design, Inc. will treat your use as acceptance of the updated Terms.
    3. Neal Street Design, Inc. may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings via the Service, or other reasonable means now known or hereinafter developed.

  23. General Information
    1. Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
    2. You agree that Neal Street Design, Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
    3. Entire Agreement. These Terms constitute the entire agreement between you and Neal Street Design, Inc. and governs your use of the Service, superseding any prior agreements between you and Neal Street Design, Inc. with respect to the Service.
    4. Choice of Law and Forum. These Terms and the relationship between you and Neal Street Design, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Neal Street Design, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego County, California. Notwithstanding this, you agree that Neal Street Design, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    5. Waiver and Severability of Terms. The failure of Neal Street Design, Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
    6. No Right of Survivorship and Non-Transferability. You agree that your Neal Street Design, Inc. account is non-transferable and any rights to your Neal Street Design, Inc. ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
    7. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    8. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  24. Violations
    1. Please report any violations of these Terms to legal at nealstreetdesign dot com.


    Home