AstroGrams™ Inc. Terms Of Service
June 1st, 2019
TERMS OF SERVICE
Welcome to AstroGrams.com website (the "Site"). AstroGrams.com
provides its services to you subject to the following conditions. Before you
can order any AstroGrams™, you must read and accept all of the terms and conditions in
and linked to, this Terms of Service ("TOS") and the linked
Privacy Policy.
We strongly recommend that, as you read this TOS, you
also access and read the linked information, since it is incorporated into and
hereby made part of this TOS. This TOS is effective upon acceptance. Use of any
functionality of the Site constitutes acceptance of this TOS. If this TOS
conflicts with any other document, the TOS will control for the purposes of
usage of the Site. You may only use certain portions of the Site if you are an
AstroGrams.com registered buyer. If you do not agree to be bound by
this TOS and the Privacy Policy, you may not use the Site in any way.
1. Description of Services / Disclaimer
The Service:
AstroGrams™ Inc. sells personalized engraved plaques made of
aluminum or other materials to be sent as "payload" into space in varying
capacities using third party companies to deliver "payload". Detailed
information about the Service, which is fully incorporated herein, may be
accessed at www.AstroGrams.com.
Disclaimer:
AstroGrams™ Inc. has no control over any third party company's
ability to launch "payload" in any given designated launch window. Due to the intricacy of space travel, flights
may be delayed for technical or weather related reasons for the safety of the
mission. All AstroGrams™ Inc. purchasers will be notified of
any changes in launch schedules and their "payload" launch will be modified
accordingly to be sent on the next available launch in accordance with chosen
destination.
2. License and Site Access.
AstroGrams.com grants you
a limited license to access and make personal use of the Site and the Service.
This license does not include any downloading or copying of account information
for the benefit of another vendor or any other third party; caching,
unauthorized hypertext links to the Site or the framing of any Content
available through the Site; uploading, posting, or transmitting any content
that you do not have a right to make available (such as, but not limited to,
the intellectual property of another party); uploading, posting, or
transmitting 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; any action that imposes or may impose (at AstroGrams.com's sole
discretion) an unreasonable or disproportionately large load on AstroGrams.com's
infrastructure; or any use of data mining, robots, or similar data gathering
and extraction tools. You may not bypass any measures used by AstroGrams.com to
prevent or restrict access to the Site. Any unauthorized use by you shall
immediately terminate the permission or license granted to you by AstroGrams.com.
You are responsible for obtaining access to the Site, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). In addition, you must provide and are responsible for all equipment
necessary to access the Site.
3. Usage Eligibility.
The Site and Services are
not available to minors under the age of 18 or to any users suspended or
removed from the system by AstroGrams.com for any reason.
4. Description of AstroGrams™ Inc. products and services:
AstroGrams.com provides
users with a simple way to purchase a personalized tribute that will be sent
into space either round-trip or as the final destination. Current destinations
include Space, The International Space Station, The Moon, Mars, and
Interstellar Space. The customer is purchasing a personalized article online
that will come with either PDF downloadable documents of authenticity or
hardcopy documents as chosen by purchaser. Each purchaser will have the opportunity to showcase
their AstroGrams™ purchase with additional
souvenirs to include custom framing, patches, key chains or autographs. AstroGrams™
are designed to Celebrate, Commemorate and Communicate. Each AstroGrams™ will be individually numbered, registered and viewable
on the affiliated InternationalSpaceRegistry.com website after its launch into
space.
5. Submitted Content.
By submitting any information or materials, including designs, ideas, questions,
comments, and other similar communications to AstrGrams.com through the Site, you agree to be bound by
the following terms and conditions. If you do not agree with these terms and
conditions, you should not provide any Information through the Site.
All Information will be considered NON-CONFIDENTIAL and
NON-PROPRIETARY. AstroGrams.com, or any of its affiliates, may use such
communication or material for any purpose whatsoever, including, but not
limited to, reproduction, disclosure, transmission, publication, broadcast, and
further posting. Further, AstroGrams.com and its affiliates are free to use any
ideas, concepts, know-how, or techniques contained in any communication or
material you send to the Site for any purpose whatsoever, including, but not
limited to, developing, manufacturing, and marketing products. By
submitting any Information, you are granting AstroGrams.com a
perpetual, royalty-free and irrevocable right and license to use, reproduce,
modify, adapt, publish, translate, distribute, transmit, publicly display,
publicly perform, sublicense, create derivative works from, transfer and sell
such Information and to use your name and other identifying
information in connection with such Information.
7. Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE
THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF
THE AstroGrams.COM OWNER AND AFFILIATE PARTIES GUARANTEES THE ACCURACY,
COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION
OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. WE DO NOT
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR "ERROR FREE" OR THAT
THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS
PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND
HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS,
GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES,
CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE
REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS
PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
AstroGrams.com attempts
to be as accurate as possible with products descriptions and prices. However, AstroGrams.com
does not warrant that product descriptions or prices are accurate. In the event
that a product is listed at an incorrect price or with incorrect information
due to typographical error, AstroGrams.com shall have the right to refuse or
cancel any orders placed for products listed at the incorrect price. AstroGrams.com
shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit or debit card has been charged.
Refunds will be made in case of any cancellation due to AstroGrams.com's
error.
8. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT ASTROGRAMS.COM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A "COVERED PARTY")
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS
PURCHASED VIA THE SITE. ANY DAMAGES ARISING FROM ANY OF THE ABOVE SHALL BE
LIMITED TO A REFUND OF THE USER'S PURCHASE, IF ANY, ON THE SITE.
9. Indemnity.
You agree to indemnify,
defend and hold the Covered Parties harmless from any claim or demand,
including reasonable attorneys' fees, or arising out of or related to your
breach of this TOS, your use of the Site or Services, or your violation of any
law or the rights of a third party.
10. Electronic Communication.
When you use the Site or
send emails to AstroGrams.com, you are communicating with AstroGrams.com
electronically. You consent to receive communications from AstroGrams.com
electronically. AstroGrams.com will communicate with you by email or by posting
notices on the Site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
11. Links.
The Site or third parties
may provide links to other World Wide Web sites or resources. Because AstroGrams.com
has no control over such sites and resources, you acknowledge and agree that AstroGrams.com
is not responsible for the availability of 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
resources. You further acknowledge and agree that AstroGrams.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such site or
resource.
12. Access To Password Protected/Secure Areas.
Access to and use
of password protected and/or secure areas of the Site is restricted
to authorized users only. Unauthorized individuals attempting to access these
areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
AstroGrams.com reserves
the right to make changes to the Site, related policies and agreements, this
TOS and the Privacy Policy at any time. If AstroGrams.com makes a material
modification to this TOS or the Privacy Policy, it will notify you by
displaying a prominent announcement above the text of this TOS or the Privacy
Policy, as appropriate, for thirty (30) days, and you agree that such
notification shall be sufficient notification of such changes.
After notice of a modification
to the TOS or the Privacy Policy has been posted for 30 days, the notice will
be removed and a brief description of the modification and the date that it
went into effect will be placed in the Historical Modifications section at the
end of the TOS and Privacy Policy. If you have not used the Site for more than
30 days, you should check these two sections for any modifications to the TOS
or Privacy Policy prior to any further use of the Site. Should you wish to
terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by emailing
Legal@AstroGrams.com
or writing to us at the address listed in sectoion 15 of this document. If you choose to
continue using the Site after any such changes have been made, you agree that
by doing so you will be deemed to accept the new TOS or Privacy Policy, as
relevant.
14. Intellectual Property Rights.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of AstroGrams.com,
InternationalSpaceRegistry.com and other parties. Users are prohibited from using any Marks for any purpose
including, but not limited to use as metatags on other pages or sites on the
World Wide Web without the written permission of AstroGrams.com or such third
party which may own the Marks. All information and content available on or
through the Site, including, without limitation, any software programs,
("Content") is protected by copyrights, trademarks, trade secrets,
patents or other proprietary rights and is the property of AstroGrams.com. You
agree to comply with all intellectual property laws and you shall not encumber
any interest in, or assert any rights to, the Content. You are prohibited from
modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any Content available on
or through the Site for commercial or public purposes.
A. COPYRIGHT. All content
included on Our Websites, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the
property of AstroGrams™ Inc. or its content suppliers and is protected by United
States and international copyright laws. The compilation of all content on Our
Websites is the exclusive property of AstroGrams™ Inc. and is protected by U.S.
and international copyright laws or dually acknowledged suppliers.
B. TRADEMARK. The service mark AstroGrams™ Inc.
and "International Space Registry™",
graphics, logos, page headers, button icons, scripts, and service names
accessible through Our Websites; and other marks indicated or viewable through
Our Websites are trademarks of AstroGrams.com or its affiliates, in the United
States and other countries ("AstroGrams™ Inc. TRADEMARKS").
("International Space Registry™ TRADEMARKS") may not be used in connection
with any product or service that is not "AstroGrams™ Inc.'s or International Space Registry™", in any manner that is likely to cause confusion
among its Members, or in any manner that disparages or discredits AstroGrams™ Inc. or its affiliates. All other trademarks not
owned by AstroGrams™ Inc. or its affiliates that appear
on Our Websites are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by AstroGrams™ Inc. or its affiliates.
15. Procedure for Claims of Intellectual Property Infringement.
AstroGrams.com respects
the intellectual property of others, and we ask our users to do the same. AstroGrams.com
may, in appropriate circumstances and at its discretion, disable and/or
terminate the access of users who may be infringing the intellectual property
of a third party. 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 AstroGrams™ Inc.'s Copyright Agent 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.
AstroGrams™ Inc.'s agent for
notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By mail: AstroGrams™ Inc.
PO Box 639
Cape Canaveral, FL 32920 USA
AstroGrams.com may update
this mailing address from time to time. You agree that changes to this mailing
address shall not constitute a modification to this TOS for the purposes of
Section 13.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other
provisions of this TOS, or any general legal principles to the
contrary, any provision of this TOS that imposes or contemplates continuing
obligations on a party will survive the expiration or termination of this TOS.
17. General.
If any of these
conditions are deemed invalid, void, or for any reason unenforceable, the
parties agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the unenforceable condition shall
be deemed severable and shall not affect the validity and enforceability of any
remaining condition. From time to time AstroGrams.com may offer special
promotional offers. You agree to be bound by any additional terms and
conditions for these special offers. Headings are for reference purposes only
and do not limit the scope or extent of such section. The failure of AstroGrams.com
to act with respect to a breach by you or others does not waive its right to
act with respect to subsequent or similar breaches. Except as otherwise
expressly provided in this TOS, there shall be no third-party beneficiaries to
this TOS. This TOS, together with the Privacy Policy and any other document
linked to from this TOS, constitutes the entire agreement between you and AstroGrams.com
and governs your use of the Site and Services, superseding any prior agreements
between you and AstroGrams.com with respect to the Site and Services.
If you have any questions regarding your order, our policies, or anything else please don't
hesitate to contact us Legal@AstroGrams.com.
