The following terms explain your obligations when using the AstroBin website.
The web pages available at astrobin.com ("Site"), are owned and operated by Salvatore Iovene ("Service Provider"), and are accessed by you under the Terms of Use described below ("Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING ASTROBIN OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE, ITS CONTENT OR ANY OF ITS SERVICES.
The Service Provider reserves the right to modify or replace the Terms at any time, If the modifications are substantial in nature, the Service Provider will notify you by posting an announcement on the Site. Whether an alteration of the Terms is substantial will be determined at the Service Provider's sole discretion, in good faith. You shall be responsible for reading, reviewing and becoming familiar with any such alterations. If you will decide to continue the use of the Site following such notification, that will constitute your acceptance of the Terms as modified.
The Service Provider may offer to provide some services and content, as described with more detail on the Site, ("Services"). Services shall include, but not be limited to, any service and content the Service Provider performs for you (including, but not limited to the display of text, user comments, messages, information, data, graphics, photographs, images, illustrations, software, also known as the "Content"). The Service Provider may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. The Service Provider may also impose limits on certain features and services of restrict your access to parts or all the Services without notice of liability.
As a condition to using some of the Services (including, but not limited to uploading images, creating a user profile, commeting on images or other comments, sending messages to other users, liking images), you are required to register with the Site and select a password and a username. You are not allowed to:
Failure to respect one or more of the 3 points above will result in the immediate termination of the user account.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, you may not register on the site.
You may not use the Site or the Service:
The Service Provider reserves the right to remove any Content or accounts at any time for any reasons (including, but not limited to, upon receipt of claims from third parties or authorities concerning such Content), or for no reason at all. To report Terms abuse, please email: astrobin@astrobin.com
By uploading your photographic works to the Site, you retain full rights that you had prior to uploading.
By submitting photographic works to the Site, you agree that this content fully or partially may be used on the Site for promotional reasons (such as photos at home page). By doing so, the Service Provider will comply with the Swiss Copyright Act, which means your work will be properly attributed or quoted.
No photographic content, emails, and other private information will be sold for any reasons by the Site.
The Service Provider reserves the right to distribute and redistribute the content submitted by users, to other parties, web-sites, applications, and other entities, in accordance with Swiss Copyright Act, which requires proper attribution of the author's name and the source, for non-commercial purposes, including users' photographs, profile pictures, photo titles, descriptions, equipment used, and other photo information that was submitted to the Site.
The Services may provide links to other web-sites or resources. Because the Service Provider has no control over such sites and resources, you acknowledge and agree that the Service Provider 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 the Service Provider 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.
The Site offers an API for 3rd party consumption, in aid of development of websites, computer applications, mobile apps and so on. By using the Site's API you agree to:
If the primary purpose of your application is to derive revenue, it is considered a commercial application. The Service Provider reserves the right to make this evaluation at the time that you request an API key. You may use the Site's API in a commercial application only if:
You shall:
The Site offers an Affiliation Platform tailored to producers and retailers of astronomical equipment, including, but not limited to, telescopes, DSLR cameras, CCD cameras, planetary and guiding cameras, mounts, filters, software, and all kinds of accessories to the aforementioned items.
Hereafter, we refer to a company or an individual who joined the Affiliation Platform as "Affiliated partner."
In addition to the "User conduct" above, to which Affiliated Partners must abide as they are considered users to all effects, an Affiliated Partner must not:
Affiliated Partners must pay the agreed sum by the due date indicated on the bill, which is set as 14 days after the expiration of a billable period (one month.) Failure to do so will incur in:
IN NO EVENT SHALL THE SERVICE PROVIDER OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) €100.
You will indemnify and hold harmless the Service Provider, its subsidiaries, affiliates, parents, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or the infringement by you, or any third party using your account or AstroBin username, of any intellectual property or other right of any person or entity.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
