Terms and Conditions
Last Updated: 10/26/2020
Welcome to Catalyst Constellations! We are excited to have you here. We want to share with you the Terms and Conditions (we’ll refer to them as the “Terms” the rest of the way) that will apply to you while you’re here. This includes your use of our websites, services, applications, and any other way you interact with what we’re putting out into the world (we’ll refer to these collectively as the “Service”).
Accounts and Fees
You may need to create an account to use the Service (your “Account”). If so, you are responsible for maintaining the security of your Account and access credentials. We will not be liable for any harm resulting from your failure to maintain the security of your Account and access credentials. Also, you will be responsible for all content posted and activity that occurs under your Account, including content posted by others who have access to your Account.
For paid Accounts (each, a “Paid Account”), we deem the person under whose name appears on the payment method that pays the charges for the Service to be the owner of the Paid Account. If a business entity or other organization’s name appears on the payment method, that business entity or organization is deemed to be the owner.
Pricing for Paid Accounts will be provided at the time of purchase. Subject to your payment of applicable fees for a Paid Account, we will provide the Service to you for the period of time that you have paid for such Service. Unless otherwise set forth herein, there will be no refunds or credits for periods in which your Paid Account remains open but you do not use the Service. For more information on refunds, please see the Refunds section in the Terms below.
You may be permitted to post, upload, or otherwise contribute content to the Service (“User Content”). If you post any User Content, you agree that:
– You own or have the right to post the User Content and have the right to grant the license granted to us by these Terms with respect to User Content you post;
– The User Content, or its use by us as contemplated by the Terms, does not violate the Terms, any applicable law, or the intellectual property, publicity, personality, or other rights of others;
– The User Content is not offensive, abusive, defamatory, pornographic, threatening, or obscene;
– The User Content does not include malicious content such as malware, Trojan horses, or viruses, or otherwise interfere with any user’s access to the Service;
– The User Content does not impersonate or misrepresent your affiliation with another user, person, or entity;
– The User Content does not involve the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or the like; and
– The User Content does not link to, reference, or otherwise promote commercial products or services, except for Bulletin Board area of the Catalyst Galaxy, where users can pay to post commercial offerings.
We reserve the right to remove any User Content from the Service that fails to meet these standards or standards set out in our Community Guidelines. However, we are not obligated to monitor, review, edit, or remove User Content. If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the Accounts of repeat infringers.
You will retain all ownership rights in User Content you post. However, you agree to grant us a license with respect to this User Content. The license gives us the rights to use, display, reproduce, distribute, and otherwise disclose the User Content in connection with providing the Service, in our marketing communications, and for any other reasonable business purpose. The license to these rights is non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, and worldwide.
If you provide feedback, ideas, or suggestions to us in connection with the Service or User Content (“Feedback”), you acknowledge that the Feedback isn’t confidential and you authorize us to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Publicity and Marketing
You agree that we may use your name, image, likeness, and professional and personal biographical information for any marketing, publicity, or other reasonable business purpose at any time without further consent from or royalty, payment, or other compensation to you.
Links To Other Websites
The Service may contain links to third party websites or services that we don’t own or control. Because we don’t own or control these websites or services, we cannot be responsible for their contents or their use. You are responsible for taking precautions as necessary to protect yourself from viruses and other harmful or destructive content, and we encourage you to read the terms and conditions, privacy policies, and other relevant policies of any third party websites or services you visit or access. You agree that we will not be responsible or liable for any damages or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through any such third party websites or services.
The foundation of our Service is the intellectual property we’ve developed, and so it’s important for us to share what that is and the rights we have in it. The Service and its original content, features, functionality, and “look and feel” are and will remain our exclusive property, and are protected by copyright, trademark, trade secret, and other intellectual property laws. Note, though, that this section does not apply to User Content.
We grant you limited, non-exclusive, revocable permission to make use of and have access to the Service and the User Content. The Service and the User Content are not sold or transferred to you and we and our licensors, respectively, retain ownership of the Service and the User Content.
All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand are our sole property; these Terms do not grant you any rights to use any features of our brand whether for commercial or non-commercial purposes.
We created the Service to help others. Yet we recognize that even the best tools can be used to harm. That’s why we’ve imposed restrictions on how you can use the Service, which prevent you from doing any of the following:
– Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service;
– Circumventing any technology used by us or any third party to protect the Service;
– Sharing our original content without permission is strictly prohibited
– Selling, renting, sublicensing, or leasing any part of the Service;
– Creating a false identity, misrepresenting your identity, creating an account for anyone other than yourself, or using or attempting to use another’s account;
– Violating our intellectual property rights or the intellectual property rights of others;
– Posting anything that contains software viruses, worms, or any other harmful code;
– Interfering with the operation of, or placing an unreasonable load on, the Service; or
Monitoring the Service’s availability, performance, or functionality for any competitive purposes.
These restrictions are not exhaustive. If you find yourself looking for loopholes here, you’re probably looking for ways to use the Service for harm. If you use the Service for harm, as determined in our sole discretion, we reserve the right to restrict or terminate your access to the Service.
We have the right to suspend or terminate your Account and/or Paid Account and/or to refuse you access to the Service for any reason at any time. So long as you’re complying with the Terms, you shouldn’t be concerned about this. The reason we include this is to protect ourselves—and our users—against the very small percentage of users who may behave badly.
If you want to terminate your Account, you can simply stop using the Service or, if you are signed up for a Paid Account, you can contact us at firstname.lastname@example.org and request that your Paid Account be cancelled at any time.
If you decide to terminate your Paid Account or cancel any paid component of the Service you have signed up for, you may or may not be entitled to receive a full or partial refund.
For instance, if you sign up for a paid course, you will be entitled to a full refund if you cancel at least 8 weeks before the course starts. Even if you do not cancel 8 weeks before the course starts, you will still be entitled to a 50% refund if you cancel at least 2 weeks before the course starts.
Subject to the foregoing, we reserve the right to make determinations on any refund requests. All requests for refunds and related inquiries should be directed to support at catalystconstellations dot com
Limitation of Liability
The language in this section was written by our lawyer, but we wanted to try and preview it in simpler language: You’re choosing to use our Service, and we’re glad you are, but if things don’t work out for you in connection with using our Service, we’re not going to be responsible for that.
You expressly understand and agree that we shall not be liable to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Service; (2) the cost of procurement of substitutes goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Service; (5) or any other matter relating to the Terms or the Service, whether under breach of contract, tort, or any other theory of liability.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
You use the Service at your own risk. We provide the Service on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, non-infringement or course of performance. In addition, we make no representation, nor do we warrant, endorse, guarantee, or assume responsibility for any User Content.
We’re a Washington company, and so these Terms (and any dispute or claim arising from or related to the Terms) will be governed by and construed in accordance with the laws of State of Washington, without regard to its conflict of law provisions. Any lawsuit arising out of, or related to, these Terms or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle and County of King. At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
Waiver and Severability
No waiver by us of any of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect.
The Terms (and any other agreements referenced in the Terms) constitute the entire agreement between you and us regarding the subject matters in the Terms.
We reserve the right to change the Service and/or these Terms at any time. If we make a change that we think is a significant one, we will try to provide our users with advance notice prior the change going into effect. We have sole discretion to decide what amounts to a “significant” change, but that decision will always be informed by the best interests of our users. By continuing to use the Service after any changes to the Service and/or these Terms, you agree to be bound by the Terms. If you do not agree to the Terms, we must insist that you stop using the Service.
You can contact us by email at support at catalystconstellations dot com