Website Terms of Use

SKYMAPPER, INC.

OVERVIEW
Welcome to SkyMapper! These Website Terms of Use, together with any policies and other documents referenced herein (collectively, the “Terms”), are entered into between you and SkyMapper, Inc. (“SkyMapper”, “we”, “us” or “our”), and govern your access to and use of our website at https://www.skymapper.io or any subdomains thereof, including any content, features, tools, products and services offered thereon or available therethrough (the “Site”), and to your purchase of goods and services through the Site.

PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND COVER AREAS SUCH AS WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. 

BY ACCESSING OR USING THE SITE IN ANY MANNER, INCLUDING, WITHOUT LIMITATION, BY SUBMITTING ANY ORDER FOR PRODUCTS OR SERVICES THROUGH THE SITE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE SKYMAPPER PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE), AND THAT YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THE SITE ON DEVICES YOU OWN, PURCHASE OR MANAGE; AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. 

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE IN ANY MANNER. 

SECTION 1 - ACCESS AND ACCOUNT

To use the Site, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide to or in connection with the Site is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – THE SKYMAPPER NETWORK

As part of and in connection with the Site, SkyMapper operates an online platform designed to facilitate the collection, management, and monitoring of astronomical data from and across a global network of participants (the “SkyMapper Network”). Certain products offered for purchase through the Site may interoperate with or allow you to connect to the SkyMapper Network. Any access to or use of the SkyMapper Network is subject to your acceptance of such additional terms and conditions as may be presented to you in connection with the SkyMapper Network, including, without limitation, the SkyMapper Network Terms of Service (the “Network Terms”). Without limiting the provisions of the Network Terms, by accessing or using the SkyMapper Network in any manner, you hereby grant to SkyMapper a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit, in any manner and in any media now known or hereafter developed, all astronomical data and other content that you submit, upload, or otherwise make available on or through the SkyMapper Network. This license includes the right for SkyMapper to use such content for any business, commercial, marketing, promotional, or operational purpose, without obligation to compensate you or to acknowledge your contribution, and you hereby waive any moral rights you may have in and to such content.

SECTION 4 – ORDERS

When you place an order for products or services through our Site, you are making an offer to purchase. SkyMapper reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SkyMapper confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as SkyMapper may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. 
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 7 - INTELLECTUAL PROPERTY

Our Site, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SkyMapper, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, other intellectual property of SkyMapper or any third party. Unauthorized use of the Site may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SkyMapper.

SkyMapper’s names, logos, product and service names, designs, and slogans are trademarks of SkyMapper or its affiliates or licensors. You must not use such trademarks without the prior written permission of SkyMapper. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

If you believe that any Site content violates your copyright, please send us a notice of copyright infringement at thom@skymapper.io. 

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Site, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Site (including the release of new tools and resources). Such new features shall also be deemed part of the Site and are subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Site may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Site to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Site is subject to our Privacy Policy. By accessing or using the Site in any manner, including by placing any order through the Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, data, reviews, proposals, plans, or other content (collectively, “Feedback”) through or with respect to the Site, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Site and to perform our obligations and exercise our rights under the Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Site for lawful purposes only. You may not access or use the Site, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm SkyMapper or other users of the Site or third parties, or expose us or them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Site (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: The SkyMapper Network, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – LIMITATION ON RELIANCE; DISCLAIMER OF WARRANTIES

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

EXCEPT AS OTHERWISE EXPRESSLY STATED BY SKYMAPPER AT THE TIME OF PURCHASE, ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT CERTAIN PRODUCTS AND SERVICES OFFERED FOR PURCHASE THROUGH THE SITE ARE MANUFACTURED BY THIRD PARTIES, AND THAT SKYMAPPER PROVIDES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, WITH RESPECT TO THE SAME. ALTHOUGH SKYMAPPER, TO THE EXTENT REASONABLY FEASIBLE, WILL PASS THROUGH TO YOU ANY MANUFACTURER WARRANTIES APPLICABLE TO PURCHASED PRODUCTS AND SERVICES, SKYMAPPER SHALL HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO SUCH PRODUCTS AND SERVICES, INCLUDING FOR ANY DEFECTS OR LOSSES, DAMAGES, OR OTHER ISSUES CAUSED BY THE SAME.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SKYMAPPER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED THERETHROUGH, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY PRODUCT, SERVICE, OR CONTENT MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless SkyMapper and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Site.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on or with respect to the Site constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL

These Terms and any separate agreements whereby we provide the Site or our products or services shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising under or with respect to these Terms or the Site shall be finally resolved in the federal and state courts located in San Francisco County, California, and you consent to venue and personal jurisdiction in such courts.

YOU AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms by posting a notice to the Site and such changes will be effective on the date specified in the notice. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms should be sent to us at thom@skymapper.io.

Our contact information is posted below:
SkyMapper, Inc.
2121C Harrison Street

San Francisco, CA 94110
1+ 415-941-9173