Astromart is only a venue for sellers to list items and buyers to bid on items. Astromart is not a provider of products or information. Astromart is not involved in the actual transaction between buyers and sellers. As a result, Astromart has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings or posting, of the ability of sellers to sell items or the ability of buyers to buy items. Astromart cannot ensure that a buyer or seller will actually complete a transaction.
Users are not allowed to provide untrue or incorrect information during the Account Activation process or at any other time. Users may not use the Astromart services for any illegal purpose or for transmitting material that is unlawful, harassing, libelous, invasive of another’s privacy, threatening, harmful, vulgar, obscene, tortious, infringes the intellectual property rights of another, or is otherwise objectionable. Users are prohibited from the transmission of junk mail, spam, chain letters, advertising or unsolicited mass distribution of e-mail.
2. INFORMATION NOT GUARANTEED
The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the astronomy community. Astromart assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by members. You should exercise discretion and skepticism before relying on information in messages or advertisements, since it may be incorrect or misleading. Members may pretend to be people that they are not. Some members may have dishonest and/or deceitful intentions or may have inaccurate information -- so beware!
3. ASTROMART’S RIGHTS
4.1. Compliance with Laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation. It is your responsibility to comply with the laws and the rules stated herein, and you agree to comply with all requirements, legal or other.
4.2. Prohibited Material. Material containing the following is prohibited and is a violation of these Terms of Service. This list is not exclusive and other prohibitions may apply or be included in amendments to this Agreement.
4.2.1. Astromart prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include, without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction or sexual requests from or for a minor;
4.2.2. Astromart prohibits posting of material which contains racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is offensive; material referencing the sale or distribution of controlled substances, any posting intended to harass another, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements (“SPAM”); information about another on-line astronomy classified and/or auction service;
4.2.3. Additional prohibitions include misleading offers that do not list the total purchase price or a “bait & switch” of products, advertisements listed in the incorrect category, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, or placing a fraudulent ad;
4.2.4. Astromart prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit/debit cards, calling cards, user account numbers/ passwords or similar financial information, and home phone numbers or addresses;
4.2.5. You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or chat, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
4.2.6. Even though all of the above is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
5. PROPRIETARY RIGHTS TO CONTENT
5.1. Content Property of Astromart. The content available through the Service is the property of Astromart or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content and postings received through the Service are not private and may be displayed, reformatted and printed for your personal, non-commercial use only.
5.2. No Violation of Copyright Act. Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without Astromart’s express prior written consent. You agree not to make any commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law.
5.3. Use of Material Supplied by You. You agree that upon posting information or advertisements on the Service, you grant Astromart, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license under your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your listings or bids or postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by you, to Astromart.com with the exception of credit card numbers, checking account numbers, etc. The User Data shall be deemed to be the property of Astromart. You also grant Astromart the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
5.4. Right to Disclose User Data. Astromart reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.
6. EXTERNAL LINKS.
The Service contains links to other related World Wide Web Internet sites, resources and members of the Service. Your linking to any service or site is at your sole risk. Astromart is not responsible for the availability of these outside resources, or their contents, nor does Astromart endorse nor is Astromart responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Astromart be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
9. COPYRIGHT COMPLAINTS
9.1. Astromart respects the intellectual property of others, and we ask our users to do the same. Astromart may, in appropriate circumstances and at its sole discretion, terminate the access of users, subscribers, sponsors, advertisers, and account holders who infringe the copyright rights of others.
9.2. If you believe that your work has been copied and is accessible on the Astromart Service in a way that constitutes copyright infringement, or that any material posted on the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Astromart by providing its designated copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512.
9.3. Astromart’s agent for notice of claims of copyright infringement on or regarding this Web site can be reached as follows:
Astromart strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Astromart.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
11. ASTROMART’S REMEDIES
11.2. If Astromart believes in its sole discretion that any ad may create liability for Astromart, Astromart may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In summary, Astromart reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason or no reason at all, and without notice.
ADDITIONAL TERMS FOR OUR CLASSIFIED ADVERTISERS & PURCHASERS
12. SERVICE AVAILABILITY.
The Astromart Classified Service is a convenient and inexpensive way to place and view classified advertisements for goods and services over the Internet. Astromart is a combination of free and paid services. Astromart reserves the right to add to, change, delete or end our or your use of our classified advertising service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons
13. BUYER BEWARE - YOU TAKE THE RISK.
Astromart is not involved in any transaction between any party who uses our site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. Astromart is a venue only and we do not screen or censor or otherwise control the classified listings offered to other Users, nor does Astromart screen or censor or otherwise control the Users of its service. Astromart cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the Service will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!
14. DISPUTES & RELEASE.
If there is a dispute between participants on this site, Astromart is under no obligation to become involved. In the event that you have a dispute with one or more Users, you hereby release Astromart, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. The Astromart Online Classified Service may be used only for lawful purposes. Conduct or sale or purchase of any product in violation of any applicable local, state/provincial, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use or sale of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Astromart related transactions.
15.1. The nature of the Internet causes your classified advertisements to cross local, regional, state, federal, and international boundaries. Thus, there is great exposure to inadvertently violating Alcohol, Tobacco and Firearm distribution laws. All advertisements and/or sales of Alcohol, Tobacco, Cigarettes or Firearms must follow all local, regional, state, federal, and international rules and regulations, and are the sole responsibility of the user. Any and all known violators will be deleted and are cause for immediate and permanent access restrictions to the Service.
15.2. Astromart also prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation:
(a) Food (other than packaged food meeting all applicable federal, state and local standards for sale to consumers by commercial merchants).
ANY violations can and most likely will result in the deletion of your account including ratings.
ADDITIONAL TERMS FOR OUR SPONSORS (DEALER/RETAILER/ATM/OEM)
16. COMMERCIAL SPONSORS
16.1. Dealers Must Become Sponsors. Dealer/Retailers and ATM/OEM’s (collectively herein “Dealer”) must become a Commercial Sponsor and pay the modest fees associated with being an Astromart Commercial Sponsor.
16.2. Dealer/Retailer Definition. You are a Dealer/Retailer for purposes of the sponsorship rates if you sell astronomy products manufactured by someone else.
16.3. ATM/OEM Definition. You are an ATM/OEM for purposes of the sponsorship rates if you sell only the products that you make yourself.
16.4. Distinguishing A Dealer. You are a “Dealer” for purposes of sponsorship requirements if any one of the following descriptions applies to you:
(a) You sell astronomy equipment with the intent to make a profit; whether you
actually make a profit or not.
16.5. "Dealer" Determination. Astromart will make the final determination, in its sole discretion, as to whether you are a Dealer/Retailer or an ATM/OEM.
17. VIOLATION OF TERMS OF SERVICE.
If Astromart determines that you are a Dealer/Retailer or an ATM/OEM and you do not have a Commercial Sponsor account, this violates the Terms of Services and Astromart will terminate your account.
18. FEES AND PAYMENTS FOR DEALERS.
ADDITIONAL TERMS FOR USERS OF ASTROMART FORUMS
19. THE FORUM.
19.1. The Forum part of the Service is intended to provide a forum for a free-flowing exchange of information, opinions and comments. Since the Service is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.
19.2. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Astromart’s other remedies.
20. COMMENTS BY USERS ARE NOT ENDORSED BY ASTROMART.
Astromart does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or chats or otherwise contained in the Astromart Forum. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and does not necessarily represent the views of Astromart.
21. ADDITIONAL PROHIBITIONS FOR FORUM USERS.
The following actions, among others, may result in removal of messages and/or termination of your Service account:
(a) Posting more than twenty messages in six hours;
22. RIGHT IS PERSONAL.
Your right to use the Astromart Forum is personal to you. You may not authorize others to use the Astromart Forum, and you are responsible for all use of the Forum connected with your account.
23. NO INTERFERENCE.
You agree not to disrupt or interfere with the Service, nor to alter or tamper with any information or materials on or associated with the Service.
24. EDITING AND DELETIONS
The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Service or its bulletin boards, at its sole discretion, without notice.
25.1. DISCLAIMER OF WARRANTIES AND LIABILITY
25.1.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. ASTROMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED, OR THAT NO LOSS OF TRANSMITTED INFORMATION WILL OCCUR, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED OR PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTROMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
25.2. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER ASTROMART NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ASTROMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT ASTROMART SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT ASTROMART SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. IN NO EVENT SHALL ASTROMART’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO ASTROMART, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
26.2. Jurisdiction. Any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Washington. In addition, you agree to submit to the personal and exclusive jurisdiction and venue of such courts.
26.4. Taxes. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Astromart Service.
27. NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
28. FULL FORCE AND EFFECT.
29. ENTIRE AGREEMENT
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter.
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