Terms and Conditions of Use — Tiny Blue Dot Foundation

Tiny Blue Dot, Inc. — Terms and Conditions of Use

Last Updated: March 8, 2019

YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.

The tinybluedotfoundation.org website, including all of its features and content (“Website”) is a service made available by Tiny Blue Dot, Inc. d/b/a Tiny Blue Dot (“Tiny Blue Dot”) and all content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website (“Content”) may be used solely under the following terms and conditions of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (“Terms of Use”), which constitutes a legally binding agreement between Tiny Blue Dot and each visitor or user of the Website (each, a “User”, “you” or “your”) relating to the use of the Website and the services provided therein, including the Content.

By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. Tiny Blue Dot may change or amend these Terms of Use at any time at its sole discretion. If Tiny Blue Dot makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. IF ANY OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Website License

We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable license to access and make use of the Website and Content solely as provided herein, subject to these Terms of Use, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the Website or Content, (ii) any Registration Data (defined below), (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, chats, posts, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website or Content by Tiny Blue Dot (collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Tiny Blue Dot, or (iv) any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, and other intellectual property that any other User submits or uploads onto the Website (collectively, “User Content”), including, without limitation, in Interactive Areas (defined below), which User Content is and shall remain the sole and exclusive property of the applicable User (subject to the licenses granted to Tiny Blue Dot herein).

Tiny Blue Dot retains all right, title, and interest in and to the Website, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content (but excluding User Content, which is owned by the applicable User, but which Tiny Blue Dot has a license to use pursuant to these Terms of Use, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). Website IP is protected in all forms, media, and technologies now known or hereinafter developed. Tiny Blue Dot owns all Website IP, as well as the coordination, selection, arrangement, and enhancement of such Website IP as a Collective Work under the U.S. Copyright Act of 1976, as amended. The Website IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

Violation of this License may result in infringement of intellectual property and contractual rights of Tiny Blue Dot, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Third-Party Content and Products

The Website may include embedded third-party content or links (such as hyperlinks) to third party websites or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by Tiny Blue Dot (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Tiny Blue Dot does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services. Additionally, the Website may enable you to purchase certain goods and services from third parties (“Third-Party Products”), in which case Third-Party Terms, and not these Terms of Use, will apply to your use of that third-party merchant’s website and purchase of such Third-Party Products.

Inclusion of any Third-Party Content or Third-Party Products on the Website does not constitute or indicate Tiny Blue Dot’s endorsement thereof and Tiny Blue Dot shall not be liable or responsible for any Third-Party Content transmitted through the Website or Third-Party Products displayed on the Website. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that you access through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that Tiny Blue Dot will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Tiny Blue Dot encourages you to be aware when you leave the Website and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.

By using the Website, you expressly relieve and hold Tiny Blue Dot harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Interactive Areas and User Content

The Website may contain interactive areas where Users can upload their own User Content (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and Tiny Blue Dot will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Your User Content shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Website or transmit to us any User Content that you consider to be confidential or proprietary.

User Content shall not contain protected health information. You are strictly prohibited from submitting User Content that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Tiny Blue Dot with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Tiny Blue Dot discover that you have done so, Tiny Blue Dot will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Tiny Blue Dot to actively screen the information that you provide.

You hereby acknowledge and agree that Tiny Blue Dot does not actively monitor or police the Interactive Areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold Tiny Blue Dot harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, Tiny Blue Dot reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.

Unless otherwise provided in a separate written agreement between you and Tiny Blue Dot, you retain all right, title and interest in and to any User Content that you upload onto the Website; provided, that you hereby grant to Tiny Blue Dot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “User Content License”). Said license is without any payment, permission or notification due from Tiny Blue Dot to you or any third party. The User Content License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting User Content to the Website, you acknowledge and agree that Tiny Blue Dot may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to your User Content. You agree that you shall have no recourse against Tiny Blue Dot for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Tiny Blue Dot. You acknowledge and agree that your submission of User Content to the Website does not create any new or alter any existing relationship between you and Tiny Blue Dot.

You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to Tiny Blue Dot a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to Tiny Blue Dot, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.

You may remove your User Content at any time. If you remove any Posting, Tiny Blue Dot will cease using that particular Posting in promotional materials and derivative User Content; provided that (i) Tiny Blue Dot may not be able to control uses of your User Content made by other users and will not be liable for any use by a third party and (ii) Tiny Blue Dot may maintain a copy of removed User Content for archival and legal purposes.

You acknowledge and agree that Tiny Blue Dot may establish general practices and limits concerning use of the Website or Content. You agree that Tiny Blue Dot has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Website. You further acknowledge that Tiny Blue Dot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.

Digital Millennium Copyright Act

Tiny Blue Dot has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Tiny Blue Dot reserves the right to remove any Website Content or User Content that allegedly infringes another party’s copyright. Tiny Blue Dot will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to Tiny Blue Dot regarding any alleged copyright infringement should be directed to Tiny Blue Dot via email at info@tinybluedotfoundation.org.

Notification of Alleged Copyright Infringement: If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where on the Website the material you claim is infringing may be found, sufficient for Tiny Blue Dot to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.

U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If you believe that your User Content has been removed by mistake or misidentification, you may provide us with a written counter-notification containing the following information:

Your name, address, telephone number, and email address;
A description of the material that was removed;
A description of where on the Website the material that was removed previously appeared (e.g., URL);
A statement that you have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
A statement by you under penalty of perjury under applicable law that the information in your counter-notice is accurate;
A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the District of New Jersey, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.

Trademarks

You agree not to display or use in any manner any trademark, services mark, logo, trade dress, slogan, or other brand features, either registered under the laws of the U.S. or any other country or jurisdiction, or unregistered and existing at common law, belonging to Tiny Blue Dot unless you obtain Tiny Blue Dot’s prior written permission.

Tiny Blue Dot reserves the right to remove any Website Content or User Content that allegedly infringes another party’s trademark or service mark. Tiny Blue Dot will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Tiny Blue Dot regarding any alleged trademark infringement should be directed to Tiny Blue Dot via email at info@tinybluedotfoundation.org.

Notification of Alleged Trademark Infringement: If you believe in good faith that any of your registered trademark or service mark has been infringed upon by any Website Content or User Content under applicable law, you may provide us with a written notice containing the following:

Your name, address, telephone number, and email address;
The registration number of the trademark or service mark, jurisdiction(s) of registration, and categories of goods and/or services covered by the registration;
A description of where on the Website the allegedly infringing Website Content or User Content may be found, sufficient for Tiny Blue Dot to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the registered trademark or service mark is not authorized by the trademark owner, registrant, or licensee or their respective agents, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the trademark owner, registrant or licensee or authorized to act on the trademark owner’s behalf; and
Your electronic or physical signature.

No Appeal to Restore User Content Removed for Alleged Trademark Infringement: If we remove your User Content because of a trademark infringement report, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe the content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Tiny Blue Dot does not provide a counter-notice or appeal mechanisms for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

Limitations on Website Use

You are solely responsible for all of your interactions with the Website and other Users on or through the Website, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.

The Website and Website Content, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of Tiny Blue Dot, or in the case of another User’s User Content, the applicable User.

With limiting the foregoing, while using the Website, you may not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Tiny Blue Dot or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Tiny Blue Dot or any other User outside of the Website.
Upload User Content to the Website, or otherwise utilize Interactive Areas to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law.
Use or otherwise export or re-export the Website or any portion thereof, or the Website Content or User Content in violation of the export control laws and regulations of the U.S.
Upload User Content or files that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party or for which you have not obtained the necessary rights or permissions to use accordingly.
Upload User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Website, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Website without notice to you at any time, unless otherwise agreed by you and Tiny Blue Dot in a separate written agreement.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to post or view comments on, or otherwise utilize, the Website.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website.
Restrict or inhibit any other User from using and enjoying the Interactive Areas.
Imply or state that any statements you make are endorsed by Tiny Blue Dot or any other User without the prior written consent of Tiny Blue Dot or such User.
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
Hack or interfere with the Website, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Tiny Blue Dot.
Upload User Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner.
Use the Website to collect Registration Data (as defined below) of Users by electronic or other means.
Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Tiny Blue Dot’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute, or dispose of Website, Website Content, or User Content in any manner that could compete with the business of Tiny Blue Dot.
Cause or induce any third party to engage in the restricted activities above.

The License granted to you terminates automatically upon any unauthorized use of the Website or its Content and Tiny Blue Dot will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.

Unlawful Activity; Termination of Website Access

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, User Content, IP addresses, and traffic information

We further reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if we believe in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We may also terminate your access to the Website if you file any claim against Tiny Blue Dot or file any claim that involves the Website. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Tiny Blue Dot. In the event your right to use the Website terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

User Accounts

In order to utilize certain full functionalities of the Website, each User may need to register and create an account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to Tiny Blue Dot will be and remain at all times true, accurate, current, and complete. Tiny Blue Dot may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Tiny Blue Dot.

Tiny Blue Dot will have the right to use your Registration Data in connection with servicing and operating the Website. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive, or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data, or Account, and (v) to notify Tiny Blue Dot of any breach of security by promptly sending Tiny Blue Dot an e-mail to info@tinybluedotfoundation.org. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Tiny Blue Dot is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.

Representations and Warranties

The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF SERVICE, AND THAT YOU WILL SO ABIDE.

You represent and warrant that (i) all Registration Data and all User Content and other information that you submit onto the Website is true, accurate, current, and complete, (ii) that you are the sole owner of all right, title, and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any User Content or other information you submit or upload onto the Website, and (iii) that such User Content and other information, when used for the purposes in which it is submitted onto the Website, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data, User Content, and other information that you post, upload, link to, publish, exchange, or display onto the Website and that Tiny Blue Dot reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, User Content, or other information from the Website that Tiny Blue Dot determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.

Advertisers on Website

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Tiny Blue Dot will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Special Promotions

Tiny Blue Dot may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Tiny Blue Dot, and can be activated, modified, or removed at any time by Tiny Blue Dot without advance notification and the liability of any of Tiny Blue Dot’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.

Third-Party Communications

By providing us with your email address and using the Website, you hereby affirmatively consent to the use of your email address for notifications from us regarding important service announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising communications from us and from our third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.

Tiny Blue Dot disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Tiny Blue Dot assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly relieve and hold Tiny Blue Dot harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Disclaimers

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TINY BLUE DOT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. TINY BLUE DOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TINY BLUE DOT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER TINY BLUE DOT NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER TINY BLUE DOT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER TINY BLUE DOT NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. TINY BLUE DOT AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TINY BLUE DOT IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD TINY BLUE DOT OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TINY BLUE DOT OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL TINY BLUE DOT OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TINY BLUE DOT AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES, TOGETHER WITH THEIR RESPECTIVE DIRECTOR, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, AND OTHER AGENTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND TINY BLUE DOT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR TINY BLUE DOT WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR TINY BLUE DOT ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND TINY BLUE DOT FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, TINY BLUE DOT, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend and hold harmless, Tiny Blue Dot and its parents, subsidiaries, and affiliates and their respective directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective director, officers, employees, successors, assigns, consultants, and other agents, from and against any and all losses, liabilities, damages, costs, or expenses (including attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data transmitted by you to Tiny Blue Dot or User Content posted by you onto the Website; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party rights, including, but not limited to, any intellectual property rights. Tiny Blue Dot shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Tiny Blue Dot’s request. Tiny Blue Dot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Tiny Blue Dot.

Errors and Corrections; Updates

Tiny Blue Dot does not represent or warrant that the Website, Website Content, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Tiny Blue Dot does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Tiny Blue Dot’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Tiny Blue Dot is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Tiny Blue Dot cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.

Tiny Blue Dot may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). Tiny Blue Dot shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Tiny Blue Dot is under no obligation to undergo an Update of the Website to the extent any Website Content, User Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.

Privacy

Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in the County of New York in the State of New York, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignments

Tiny Blue Dot may assign, sub-contract, and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.

Waiver and Severability of Terms; Entire Agreement

Failure by Tiny Blue Dot to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, Website Content, Interactive Areas, and User Content.

Contact

Questions or comments about the Website or our services or these Terms of Use should be sent by email to info@tinybluedotfoundation.org.