Terms and conditions for access to the Astronomy Image Explorer platform by individuals
This document sets out the terms and conditions on which the Astronomy Image Explorer (“AIE”) will make access to its platform available via its World Wide Web server ("the Server") to an individual accessing the service (the "Service"). Please read these terms and conditions carefully. By accessing the Service, you will be deemed to be giving your confirmation that you have read and agree to be bound by all these terms and conditions.
You may access, download, store, search and print hard copy of text. Copying must be limited to making a single printed copy or electronic copies of a reasonable number of individual images or other similar items. No text accessed via the Service may be made available to a third party, either for commercial reward or free of charge. In the USA, such copies may only be made in compliance with Section 108 of the Copyright Act of the USA and within CONTU guidelines.
If you are accessing the Service in a commercial context then you may only access it for internal research, testing or training purposes or for personal use in accordance with these terms and conditions.
If you are accessing the Service in a personal or educational context then you may only access it for private study or research for a non-commercial purpose. You may make brief quotations from the content, with the customary acknowledgement of the source, and copy and transmit content from individual online content in "person-to-person" and non-systematic scholarly exchanges of information.
You may only use this online access in a way that does not breach the laws of the country in which you are accessing the Service.
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, supplying, publishing or republishing (beyond the brief quotations permitted above) of any text, output, search results or other information from any part of the Service, including, without limitation, copyright, proprietary or other legal notices, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services, printing for a for-fee-service purpose, document delivery services and/or the systematic making of print or electronic copies for transmission to third parties (beyond that permitted above) are prohibited.
This agreement between you and AIE set out in these terms and conditions shall become effective on acceptance by AIE. This agreement shall be for any initial term we agree with you in writing and shall then continue on an annual rolling basis on condition that you comply with all the terms and conditions. Access to the Service shall terminate (a) immediately if these terms and conditions are materially breached by you and such breach is not remedied within 30 days of your receiving a written request to remedy such breach; or (b) following not less than 30 days’ prior written notice by AIE to you. This agreement will also terminate if you rejects a change to these terms and conditions notified to you by AIE. In the absence of any rejection within 30 days of notification, any new terms and conditions will apply.
All content made available by the Service are subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of England and other countries. You shall claim no ownership by reason of your use of or access to the Service. ALL RIGHTS RESERVED.
Withdrawal of the Content
AIE reserves the right at any time to withdraw any of the content(s) (or part) from the Service if it no longer retains the right to publish or ceases, for whatever reason, to publish or to distribute such content(s) or if, in its sole discretion, it believes that such content(s) contains any material which infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Availability of the Service
AIE will use its reasonable endeavors to make the Service available on a 24 hour basis, subject to AIE’s right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused by circumstances beyond AIE’s reasonable control including, but not limited to, downtime relating to telecommunications lines or any Internet nodes or facilities. If access is suspended or interrupted, or fault or defect occurs which prevents access, AIE’s liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. AIE shall have no other liability in this respect. AIE shall not be liable for any delay, downtime, transmission error, software or equipment incompatibility, force majeure or any failure of performance beyond its reasonable control.
AIE reserves the right to suspend access to the Service on detecting a breach of these terms and conditions but will not do so without notifying you in advance.
Disclaimer of Warranties
AIE WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENSES IN THIS AGREEMENT. AIE WILL TAKE REASONABLE CARE TO ENSURE THAT ITS SERVICES ARE COMPLETE, ACCURATE AND ERROR FREE BUT AIE DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT WARRANT THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY YOUR REQUIREMENTS.
OTHER THAN AS SET OUT ABOVE, AIE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AIE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO AIE FOR THE SERVICE DURING THE YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF AIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF ACTION AROSE.
AIE USES ITS REASONABLE ENDEAVORS TO INCLUDE ALL RESEARCH MATERIAL FORMING PART OF THE SERVICE BUT DUE TO THE AGE, RARITY AND UNAVAILABILITY OF CERTAIN MATERIAL, AIE ACCEPTS NO RESPONSIBILITY FOR THE COMPLETENESS OF THE CONTENTS AND MAKES NO REPRESENTATION OR WARRANTY IN THIS REGARD.
AIE CONDUCTS REASONABLE QUALITY CHECKING AS PART OF THE PRODUCTION PROCESS OF THE SERVICE. THIS CHECKING ENCOMPASSES ACCURACY AND COMPLETENESS. NO CHECKING ABOVE AND BEYOND THE CHECKING WHICH FORMS PART OF THE PRODUCTION PROCESS HAS BEEN CARRIED OUT. CONSEQUENTLY AIE ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND MAKES NO WARRANTY OR REPRESENTATION IN THIS REGARD.
This Agreement and access to the Service may not be assigned or transferred by you to any other institution, organization or person.
Failure to enforce any provision on any one occasion shall not affect AIE’s right to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between AIE and you for the Service, which is in force on the date that this agreement comes into force, constitutes the entire agreement between us relating to the Service and supersedes any prior communication between you with respect to the Service. This is not intended to exclude any liability that either of us may have for fraud. Where there is any conflict between this agreement and any other existing agreement between us relating to the Service then the latter shall prevail.
Any amendments to these terms and conditions must be in writing and signed by both parties or by an electronic communication initiated by AIE which you do not reject within 30 days.
You confirm that AIE shall be entitled to contact you for the purposes of keeping you updated with information about the Service.
This agreement will be governed by and construed in accordance with the laws of England and we both submit irrevocably to the jurisdiction of the English Courts. You shall not be bound by this paragraph to the extent that compliance would violate any existing law, regulation, by-laws or articles of incorporation or other governing instrument.
Astronomy Image Explorer
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Washington, DC 20009-1231 USA
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