One World Observatory Terms and Conditions
This Website is offered and made available only to users thirteen (13) years of age or older and certain features on this Website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the Website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the Website immediately, because by using or attempting to use the Website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the Website.
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
The information and features included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
MEMBERSHIP AND REGISTRATION
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
OWNERSHIP OF CONTENT
This Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “material”) are owned by or licensed to Company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. Nothing contained in these terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of Company or such third party that may own the material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate Company’s rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Website by other members, including without limitation by attempting to access administrative areas of the Website. You agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Company has no control over the same. Additionally, Company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
Company does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in Company’s sole discretion. In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the User Forums or remove any specific material.
You acknowledge and agree that your username may be associated with any Community Content that you post. You represent and warrant that you own or otherwise control all rights to any Community Content you post on the Website. You agree that you will indemnify, defend and hold harmless the Company for all claims resulting from Community Content you post.
When participating in a User Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other Community Content area. Information obtained in a User Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
LIMITED LICENSE; RESTRICTIONS ON USE
You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Material or Material data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of the Company, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. The Company does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.
You may not “frame” the Material of this Website within another Website. You may not use any meta tags or any other “hidden text” utilizing any Company trademarks without the express written consent of the Company.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company. Views and opinions of users of this Website do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing Company any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Company names and/or intellectual property, nor may the link create the false appearance that your Website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not “frame” this Website or alter its intellectual property or material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any Website for any reason or no reason at all, including without limitation any Website that Company deems to be inappropriate or inconsistent with or antithetical to this Website and/or these terms.
Company is not responsible for the content or performance of any portion of the internet including other world wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Company of any errors or inappropriate material found on Websites to which this Website is or may be linked.
Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by the Company of the Linked Services or the content thereof. The Linked Services are not under the control of the Company and accordingly the Company is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
This Website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
VIOLATIONS AND ADDITIONAL POLICIES
Company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by Company, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Company its representatives or any other individual in any manner related to the Website.
If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
The Company must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, “Unsolicited Submissions”), and the Company neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Company creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs.
ABILITY TO ACCEPT TERMS
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.