Name A Star Live Terms and Condition

Last Updated October 13, 2014.

Welcome to Name A Star Live. Below are our detailed Terms & Conditions which you must read and accept before using our services.

In these Terms & Conditions, Name A Star Live shall mean the Name A Star Live Website managed by Space Services Holdings, Inc. ("Space Services" or "we"). Space Services operates the website located at NameAStarLive.com or accessed via the Name A Star Live sections of the Space Services, Celestis, Celestis Pets, Sunjammer Mission, or Cosmic Archive websites.

These Terms & Conditions apply to Users of Name A Star Live to use the Service (as defined below) on or after October 13, 2014. By visiting the Website and/or using Name A Star Live and services herein you consent to the terms and conditions listed within this Agreement. It should be read in conjunction with the Name A Star Live Privacy Statement.

Quick Links

Please note that hyperlinks embedded in these terms and conditions (this "Agreement") may only be accessed through our website. If you are reviewing this Agreement through mobile devices, you may need to visit the full website to access hyperlinks.

1. Overview

Before using this website and/or ordering a Name A Star Live product, you must review and accept this Agreement which defines your rights and responsibilities as a user of Name A Star Live ("User").

Name A Star Live products and the Name A Star Live Website are provided and operated in the United States of America and are governed by this Agreement. Purchasing a Name A Star Live product and registering as a User results in your personal information being stored and processed in the United States. By accepting this Agreement, you specifically consent to Space Services' storage and use of personal data according to the terms herein.

By agreeing to these Terms & Conditions or otherwise using this Site, you warrant that you are an adult or a minor operating the site with parent or guardian consent and supervision. If a minor gains access to Name A Star Live, the parent or guardian of that minor will be held strictly responsible for that minor's actions. If you do not agree with any provision of this Agreement, or if you have any objections to the Name A Star Live Privacy Statement, you must not use Name A Star Live.

Description of Service

Name A Star Live is part of the Space Services Holdings, Inc. family of websites, which includes, among others, SpaceServicesinc.com, NameAStarLive.com, Celestis.com, CelestisPets.com, CosmicArchive.com, and SunjammerMission.com. Name A Star Live offers a variety of products and options to name stars, learn about space and space science, and participate in one or multiple space missions (together the "Service"). The Name A Star Live Service can be used in conjunction with the Space Services family of websites to enable Users to discover, learn, and be a part of space missions via virtual or physical participation.

and dedication messages. Space Services is not responsible for the quality of User submitted information, but will take all necessary commercially reasonable precautions to protect the privacy and security of that information once it is uploaded to Name A Star Live.

Your star name and message will be recorded in the Name A Star Live register and sent to space on board Name A Star Live missions. Scientific designations refer to stars by catalog numbers and astronomical coordinates and no star naming service changes that designation.

For more information about these privacy and security measures, please read our Name A Star Live Privacy Statement.

Limited Use License

Name A Star Live contains graphics, information, data, user generated information, editorial and other content accessible by users as well as the ability to enter your name and messages via the Name A Star Live products (the "Content"). All Content is owned, licensed to and/or copyrighted by Space Services and may be used only in accordance with this limited use license. Name A Star Live is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may use the Service, access Name A Star Live, use the graphics, information, data, editorial and other Content only for personal or professional research.

Republication or resale of any of the Content or other protected data is prohibited. You may use any software provided on Name A Star Live only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Space Services and its licensors retain title, ownership and all other rights and interests in and to all information and Content on or available from Name A Star Live. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. Violation of this limited use license may result in immediate termination of your participation or membership and may result in legal action against you.

Each of the Space Services websites is subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them before using those websites.

Rules of Conduct

Before using Name A Star Live, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will provide valid and complete contact information, and that you will always have a valid email address on file with Space Services. In addition, the following policies are part of this Agreement and must be followed anytime you access Name A Star Live:

  • You must not post or publish any information that you know is false or misleading, such as impersonating any person or entity, falsely misrepresenting your affiliation with any person or entity, falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of Name A Star Live or otherwise affiliated with Space Services;
  • You must not post or publish any information that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as the privacy rights) of others;
  • You must not post or publish any information that defamatory, infringing, obscene, indecent, hateful, or unlawful material or information;
  • You must not upload or attach files that contain software or other material protected by intellectual property laws (or by privacy rights) unless the User owns or controls the rights thereto or has received all consents as may be required by law;
  • You must not upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer;
  • You must not delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
  • You must not falsify the origin or source of software or other material contained in a file that is uploaded;
  • You must not advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
  • You must not reproduce, copy or sell any portion of Name A Star Live or the Name A Star Live database contents or systematically download the Content and data of the Name A Star Live database to make or populate another database or for any other purpose;
  • You must not interfere or attempt to interfere with the Name A Star Live Website in any manner. For example, you may not use any software program, virus or routine to block, obscure, overwrite or modify any Content or web pages or to destroy the software, hardware or telecommunications equipment of Name A Star Live or another person;
  • You must not use the information from Name A Star Live or Name A Star Live products in whole, in part and/or in combination with any other database for any discriminatory, breach of privacy, or otherwise illegal activity.
  • These Rules of Conduct are not exclusive. If we believe, in our sole discretion, that you are in breach of this Agreement, are acting inconsistently with the letter or spirit of this Agreement or otherwise interfering with the efficient management or delivery of the Name A Star Live Website, Service or Content, we may limit, suspend or terminate your access to Name A Star Live. In such a case, no portion of your product payment will be refunded. Should we decide to suspend or terminate your access for any reason other than your actions or omissions which we believe to be inconsistent with this Agreement we will refund to you any unused portion of your payment, which will be your sole and exclusive remedy upon such a suspension.

Name A Star Live Fees and Payments

Users of Name A Star Live may be unregistered visitors or paying customers. The different payment options and services offered will be published on Name A Star Live or at the time a product or other service is offered. The terms and conditions applying to such items or services will be incorporated into this Agreement.

You must be 18 years old or older or a minor operating with parent or guardian consent and supervision to access Name A Star Live. You must provide Space Services with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.

If you are at all unsatisfied with your purchase, you can return it within 30 days for a refund equal to the price paid for the Name A Star Live product. Space Services does not refund shipping & processing charges or any applicable taxes paid when applicable. All refund requests will be processed in the order received and in a timely fashion according to industry standards immediately and issued after we receive your returned item(s). If you paid for your Name A Star Live product with a credit card, your refund will be credited to the card used to make the purchase. If your order was paid for by means other than a credit card, your refund will be issued by check. If your refund is issued via check, please allow three to four weeks for arrival.

Cancellations and Refunds Cancellations may be made by calling Space Services at 1-281-971-4019 or toll free at 1-866-7-ROCKET (1-866-776-2538) and providing the same information that you provided when you ordered your Name A Star Live product. Please allow a reasonable time for the credit to reach you. We appreciate your feedback and will work diligently to make the Name A Star Live the best possible community for civilian space engagement.

User Provided Content/DMCA "Takedown" Provisions

Portions of Name A Star Live allow you and other Users to contribute material to be displayed on Name A Star Live ("User Provided Content") such as star name and message of dedication. For User Provided Content, Space Services is merely hosting and providing access. We cannot, and expressly do not, accept any liability with regard to such User Provided Content, including with respect to its accuracy. While we cannot preview or monitor User Provided Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that Space Services believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We further retain the sole and absolute right to refuse or delete any content for any reason. We highly value the copyright and other intellectual property rights of others. For complaints regarding copyright infringement, illegal or inappropriate content, please contact Space Services at 1-281-971-4019 or toll free at 1-866-7-ROCKET (1-866-776-2538).

The decision to submit information to Name A Star Live is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner or without proper citation where applicable. By submitting material to Name A Star Live, you represent that you have the right to do so as the owner of such material, or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). In cases where the User's ownership of content is called into question, you agree to furnish Space Services with any documentation, substantiation, and releases we deem necessary or appropriate to verify your compliance with this provision.

permission of Space Services, which may be withheld for whatever reason.

By submitting User Provided Content to Space Services, you grant Space Services a royalty-free, transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Space Services from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, Space Services acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.

We respects the rights of all copyright holders and in this regard, We have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions (“repeat offenders”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent (as defined below) the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification and location of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and their locations;
  • 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 permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • 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 is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the DMCA please contact:

Space Services
Attn: Copyright Agent
2536 Amherst St, Suite J
Houston, TX 77005
Phone: 1-281-971-4019
Toll free: 1-866-7-ROCKET (1-866-776-2538)

Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the Material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA.

Do not contact the DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.

IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE MAY TERMINATE YOUR ACCESS TO THE SITES.

Promotions

Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by Space Services may be governed by rules that are separate from this Agreement. If you participate in any of our Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply to those specifically conflicting sections only.

Modifications to this Agreement

Space Services reserves the right to do any of the following at any time and without notice: (1) modify, suspend or terminate operation of or access to the Store or to any portion of the Store, for any reason; (2) modify or change the Store or any portion of the Store and any applicable policies or terms; and (3) interrupt the operation of the Store or any portion of the Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Space Services may change any product or service offered in the Store, or to the applicable prices for such products or services, at any time and without notice. The information provided with respect to Name A Star Live products and services may be out of date, and Space Services make no commitment to update information provided in the Store with respect to such products and services.

Launch dates for Name A Star Live missions are sometimes postponed or even canceled. If this occurs, your Name A Star Live product will be included on the next featured mission at absolutely no additional cost. Furthermore, all of your membership benefits will be extended to the new featured mission launch date, giving you insider access to additional missions that occur in the interim. While all missions are subject to delay or even cancellation, our record of past performance is our commitment to provide you with consistent spaceflight opportunities and ensure that your Name A Star Live product reaches its final destination in space.

Changes will be posted on Name A Star Live and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to Name A Star Live is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may request a refund by calling Space Services at 1-281-971-4019 or toll free at 1-866-7-ROCKET (1-866-776-2538). Continued use of Name A Star Live following posted changes in this Agreement means that you accept and are bound by the changes.

Space Services is not responsible for typographical errors and reserves the right to cancel any order with a typographical error concerning the pricing or availability of ordered items.

Space Services reserves the right to cancel an order perceived to be fraudulent or if the order requires clarification from the customer. Space Services will make at least two attempts within a month of receipt of an order to contact the customer (once by phone and once by email) to clarify and confirm said order. Space Services will use the contact information provided during the checkout. The order will be canceled if no response is received from the customer within 30 days of the last attempted contact.

If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

Space Service's failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Space Services or Name A Star Live of any provision or right it has to enforce these policies, nor shall any course of conduct between Space Services or Name A Star Live, and you or any other party be deemed to modify any provision of these policies.

These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.

Liability Disclaimer

Content, Name A Star Live Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Name A Star Live products and Name A Star Live Website on an "as is basis" and do not accept responsibility for any use of or reliance on the Name A Star Live Website, Content or Service, or for any disruptions to or delay in the Name A Star Live Website, Content or Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, or fitness for purpose of the Name A Star Live Website, Content or Service. Space Services does not guarantee the adequacy of the Service or Name A Star Live Website or compatibility thereof to your computer equipment and environment and does not warrant that this Name A Star Live Website, the Content, the Service, its servers, or any emails which may be sent from Space Services are free of viruses or any other harmful components. Space Services does not control or endorse any actions resulting from your use of the Name A Star Live Website, Content or Service and specifically disclaims any liability regarding any actions that may result from your use of the Service or Name A Star Live Website.

Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect, special, punitive or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of Name A Star Live, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using Name A Star Live.

Third Party Services. Space Services may, from time to time, provide opportunities to Users of Name A Star Live to purchase services from third parties. The websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Space Services makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Space Services.

Disputes

Section Content

If a dispute arises between you and Space Services, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Space Services Holdings, Inc. Customer Support at 1-281-971-4019 or toll free at 1-866-7-ROCKET (1-866-776-2538) to describe the problem and seek a resolution. If that does not resolve the issue, then you and Space Services agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the laws of the State of Texas without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules set forth below before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all such claims or disputes.

Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND THE Name A Star Live AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Space Services agree otherwise the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.

Miscellaneous

We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of Space Services assign or transfer any of your rights and obligations under this Agreement.

You acknowledge and agree that Space Services may disclose your information to third parties subject to this Agreement, the Name A Star Live Privacy Statement, and if Space Services believes that it is required to do so by law or a court order or when you give permission to make such a disclosure.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your contribution of User Provided Content or your use of the Services or Name A Star Live Website.

Official correspondence must be sent via postal mail to:

Name A Star Live
2536 Amherst St, Suite J
Houston, TX 77005
United States of America

This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Space Services.

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Refund Policy

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