THE DENVER ASTRONOMICAL SOCIETY

TERMS OF USE AND PRIVACY POLICY

 

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Terms of Use

 

Acceptance of Terms and Conditions.  Please carefully read the Denver Astronomical Society’s Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, becoming a member of, or using www.denverastro.org (the “Site”).  By accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site.  If you do not agree to these Terms of Use, you must exit this page and may not access or otherwise use this website or make any purchases through this website.

 

General

 

Use and Restrictions.  The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. Individuals who are under the age of 13 may use the Site with the oversight of a parent or legal guardian.

 

Changes to the Terms of Use.  We reserve the right to make any modification to these Terms of Use as we deem necessary or desirable without prior notification to you. If we make changes to our Terms of Use and you continue to use the Site, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. 

 

Purchases

 

Event Descriptions.  In describing and portraying our events on the Site, we attempt to be as accurate as possible.  However, as many things can occur which may change an event, we do not warrant that the event will be exactly as described.  For example, weather may impact the ability to hold an event or to see all astronomical observations at an event.

 

Refunds.  To receive a refund for an event reservation, you must cancel your reservation with at least 72 hours notice unless otherwise provided at the time of the reservation. No refunds will be given if less than 72 hours notice is given (or more if required for the specific reservation at the time of reservation). Refunds will be processed within fourteen business days.

 

Membership Fees. Membership fees are non-refundable after they have been paid.

Deductibility of Payments. As the Denver Astronomical Society is a 501(c)(3) organization, some payments made to us may be deductible.  If you have any questions about what is deductible, please speak with your tax professional.

Payment.  Payment for all products is processed through PayPal.com.  Please refer to PayPal.com for information regarding the use of any personal information you submit.

 

Cancellation of Event.  If an event is cancelled, any fees paid will be refunded to you within fourteen business days.

 

Intellectual Property

 

Change in the Site, its Contents, and its Features.  We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any feature of the Site with or without notice.

 

Communications.  This Site and all content contained within are private property.  All interactions on this Site must comply with these Terms of Use.  By submitting material to the Site (“User Communications”), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

 

Copyright and Trademarks.  The Site is owned and controlled by the Denver Astronomical Society and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by the Denver Astronomical Society.  ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE DENVER ASTRONOMICAL SOCIETY IS STRICTLY PROHIBITED.  Please contact us for licensing information if you wish to use anything from our Site.

 

Links to the Site; Third Party Links on the Site; Third Party Content on the Site. The Site may contain links to other websites that are not owned, operated, or controlled by the Denver Astronomical Society ("Third Party Sites”).  All such links are provided solely as a convenience to you. We are not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites.  If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.

 

Warranties/Disclaimers

 

Disclaimer of Warranty; Limitation of Liability.  You expressly agree that use of this Site is at your sole risk.  Neither the Denver Astronomical Society, its affiliates, any of their respective directors, employees, agents, third party content providers warrant that use of the Site will be uninterrupted or error free; nor do we make any warranty as to the events purchased through this Site.  This Site is made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. You specifically acknowledge that you hereby acknowledges that the provisions of this section shall apply to all content on this Site.

 

Attendance at Events.  Your attendance at any events hosted by the Denver Astronomical Society is at your own risk.  In no event will the Denver Astronomical Society be liable to you for any damages incurred at an event.

 

Limitation on Damages.  If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if the Denver Astronomical Society is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars.  You agree to defend, indemnify, and hold harmless the Denver Astronomical Society, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Miscellaneous

 

Termination. Either party may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. We may terminate these by ceasing to offer the Site to the general public or by sending notification that you can’t use the Site.

 

Severability.  If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

 

Governing Law; Venue and Jurisdiction.  By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between us.  You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

 

Indemnity.  You agree to indemnify and hold the Denver Astronomical Society, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

 

Privacy Policy

 

Data Denver Astronomical Society Collects

 

We may collect your name, email address, physical address, and phone number if you submit information through the contact form, at the time of registration, or email information to us.

 

We sometimes collect your email address, for purposes such as sending email newsletters and information about seminars and events that may be of interest to you.  By submitting your email to us, you consent to emails from us, which may be sent through a third party service provider.

 

We sometimes collect your phone number for the purpose of calling you if you have requested information from us or to give you updated information about any events that you have registered for.  By submitting your phone number to us, you consent to phone calls from us, even if such number is registered through a state or federal "Do Not Call" list.

 

Weblogs

 

Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us diagnose problems with our server, to administer the Site, and to otherwise provide products and service to you.  In addition, we may collect other information from your interaction with our website, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the website, ad data, IP address, demographic and navigational data, and standard web log information.  This information may be obtained for us from a third party provider such as Google Analytics.  We may use this information for marketing, commercial, or any other purpose as we see fit.

 

Data Denver Astronomical Society Stores

 

All information posted to this site, including account and purchase information, is stored in our database, even after "deletion," and may be archived elsewhere. Our web logs and other records are stored indefinitely.  This may include any information you supply to us and your browsing history.  However, we cannot guarantee access to these records by third parties for more than seven business days after the original information was submitted, except for purchase information that is available until the items have been delivered. Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security. We may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.

 

Archiving And Display Of Denver Astronomical Society’s Webpages By Search Engines And Other Sites

 

Search engines and other sites not affiliated with us - including Bing.com, Google.com, and Yahoo.com - archive or otherwise make available our webpages.  We have no control over third-party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.

 

External Links and Third-Party Websites

 

Our website contains links to external websites that do not fall under our domain. We are not responsible for the privacy practices, security or content of these websites.

 

Credit Card Information.

 

All purchases made through the Site are handled by PayPal.com.  Please see PayPal.com’s Privacy Policy regarding payments made through its website.  We does not store or gather credit card information through our Site.

 

Circumstances In Which The Denver Astronomical Society May Release Information

 

We may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of the Denver Astronomical Society, our members, or the general public. We may disclose your information to other business entities, should we plan to merge with or be acquired by that business entity.

 

International Users

 

We welcome international users to browse the site.  International Website Users consent to all the terms of service and this privacy agreement.  International users waive any and all remedies that they may have based on the laws of their country.

 

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