- Welcome to StargazerRock.com
- The Website Content
- Personal Use & Copy
- Requests to Reuse Content
- Framing Of Alex’s Website Articles
- No Tempering with Any of the Content
- Copyright Infringement
- Other Information by Content Providers (id est commenters)
- Posting Rules
- Website Security Rules
- Communications With Third Parties Through the Website
- Indemnity/Limitation of Liability
- Contact for Legal Matter
Welcome to StargazerRock.com
StargazerRock.com is an Internet service owned by Alexis Wilke (“Alex”). From time to time Alex likes to provide visitors of the Website a positive experience. Alex wrote these Terms and Conditions to govern your use of the Website. Alex provides this content to you via the Website subject to the following conditions. Your use of the Website tells Alex that you read and agreed these Terms and Conditions. If you do not agree with any of these terms, please exit Alex’s website and cease any use now.
The Website Content
The articles transmitted from Alex’s website are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Alex. Alex actively protects its rights to his articles to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.
Personal Use & Copy
You may read the articles in any one of your browsers and solely for your personal, non-commercial use, and you may download or print copies of any portion of said articles for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such article. No other use is permitted unless otherwise expressly permitted by Alex. You may not, for example, republish the articles on any Internet, Intranet or Extranet site or incorporate an article in any database, compilation, archive or store an article in electronic form on your computer or mobile device unless otherwise expressly permitted by Alex. You may not distribute any of the articles to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the article without securing the prior written consent from Alex.
Requests to Reuse Content
Requests to use an article or part thereof, for any purpose other than as permitted in this paragraph, should be submitted using Alex’s website contact page.
Framing Of Alex’s Website Articles
You may utilize framing techniques of Alex’s website, however, the content cannot be modified in any way or form within that frame. The frame must be large enough for the content to be visible as expected on the device where it is being viewed by your users.
No Tempering with Any of the Content
You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Alex’s website that are not Open Source, not to insert any code or product or manipulate the content of Alex’s website in any way, and not to use any cancel-bots, Trojan horse, or similar harmful software.
Alex respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Alex’s website, please contact me.
Once I communicate through email, you will be asked to provide the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
- An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed if your are not the direct owner;
- Identification (a link to the article with said work) of the copyright work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
- Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party, if not the direct owner of the copyrighted work, is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Alex will as quickly as possible correct the problem one way or the other.
Other Information by Content Providers (id est commenters)
Alex’s website distributes content supplied by other information content providers such as non-staff contributors, commenters, advertisers, etc.
I use these providers to enhance your experience on my website. Alex is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Alex. Each of those providers may have their own “Terms and Conditions” on their websites or otherwise.
For example I may use YouTube to display videos in my content. Their terms and conditions can be found here https://www.youtube.com/t/terms
Pursuant to 47 U.S.C.§ 230, Alex is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, Alex cannot and does not monitor every snippet of information posted to Alex’s website and assumes no duty to monitor Alex’s website for inappropriate or inaccurate content. Alex shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, Alex reserves the right to remove information provided by other information content providers at any time in his sole discretion.
The interactive areas of Alex’s website are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to Alex’s website. I particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Alex reserves the right to delete, move or edit any submission at any time, for any reason and in his own discretion, but has no obligation to review or remove any such content.
By placing material on, or communicating with, Alex (exampli gratia, posting a comment to an article) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant Alex a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via Alex’s website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Alex to include the information you provide in a searchable format that may be accessed by users of Alex’s website. You also grant Alex and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Alex the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that Alex does not accept unsolicited materials or ideas for use or publication. Alex is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Alex.
Interactive areas of Alex’s website are intended to encourage public debate. Alex expects people to differ—judgment and opinion are subjective things—yet I encourage freedom of speech and a marketplace of ideas. But by using these areas of my website, you are participating in a community that is intended for all my users. Therefore, I reserve the right to remove any content posted on my website at any time for any reason without notice. Decisions as to whether content violates any of my posting rules will be made by me in my discretion after I have actual notice of such posting. Without limiting my right to remove content, I attempted to provide the following guidelines to those posting content on the Alex’s website. Please do not post material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- violates any of Alex’s rights or any third party rights;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of Alex’s website;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- uploads copyrighted or other proprietary material of any kind on Alex’s website without the express permission of the owner of that material;
- uses or attempts to use someone else account, password, service or system except as expressly permitted by these Terms and Conditions;
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- uploads or transmits viruses or other harmful, disruptive or destructive files;
- disrupts, interferes with, or otherwise harms or violates the security of Alex’s website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Alex’s website;
- “inflames” any individual or entity (exampli gratia: sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
- is unrelated to the specific interactive area or the interactive area’s topic;
- disguises the origin of the post;
- collects or stores any other user personal data.
A violation of certain posting rules may be referred to law enforcement authorities. Alex reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
Website Security Rules
You are prohibited from violating or attempting to violate the security of Alex’s website including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Alex will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Communications With Third Parties Through the Website
Your dealings or communications through Alex’s website with any party other than Alex are solely between you and that third party. For example, certain areas of Alex’s website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by my third-party partners and vendors. Under no circumstances will Alex be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
At his sole discretion, Alex has the right to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of Alex’s website constitutes your acceptance of any changes. Alex has the right at any time to change or discontinue any aspect of his website. Such changes, modifications, additions, or deletions are effective immediately upon posting and any subsequent use by you after such posting is conclusively deemed to be acceptance by you of such changes, modifications, or deletions.
All materials and services on Alex’s website, other channels, and any third-party sites to which the foregoing links are provided “as is” or “as available” without warranty of any kind. Alex is not responsible for the availability or content of other services that may be linked to Alex’s website. Because Alex has no control over such services, you acknowledge and agree that Alex is not responsible for the availability of such external services, and that Alex does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such external services. You further acknowledge and agree that Alex is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such external services. The content published on Alex’s website may include inaccuracies or typographical errors. Changes may be made to the information on Alex’s website. Alex may make improvements and/or changes to his website at any time including changes to these terms and conditions. Alex’s website offers a search feature within the site. Alex explicitly disclaims any responsibility for the content or availability of information contained in the search results. Alex also disclaims any responsibility for the completeness or accuracy of any directory or search result. Alex makes no representations and, to the fullest extent allowed by law, disclaims all warranties, express or implied, including, but not limited to warranties of merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within Alex’s website, or the results obtained from accessing and using Alex’s website. Alex does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Alex’s website, including bulletin boards or the server that makes it available, are free of viruses or other harmful components. The user assumes the entire cost of all necessary maintenance, repair or correction of the users computer and other equipment.
Indemnity/Limitation of Liability
As a condition of use of Alex’s website and any other channels, you agree to indemnify, defend and hold harmless Alex from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the website or any other channels; (b) Alex use of any content or information you provide, as long as my use is not inconsistent with this agreement; (c) information or material posted or transmitted through your membership account, even if not posted by you; and, (d) any violation of these terms and conditions by you. If you are dissatisfied with any material, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using Alex’s website.
Under no circumstances, including, but not limited to, negligence, shall Alex, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Alex is not liable for any conduct of any user.
These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Sacramento, California. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to Alex’s website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Alex to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms and Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Alex, and all other provisions for which survival is equitable or appropriate. Alex may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Contact for Legal Matter
Use the Contact Me Form for questions or problems concerning Alex’s website.