Please read these terms carefully before using this site. If you have entered into a separate written agreement with Visible Stars for use of the Visible Stars services, the terms and conditions of such other
non-exclusive, non-transferable, limited right to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Visible Stars, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights, unfair competition laws, and other applicable laws.
Changes to the Site/Updates/Terms
Visible Stars reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information
described in the Site, except as explicitly set forth in written agreements between Visible Stars and its customers. Visible Stars may make changes to the Content or the Site at any time without notice. Visible Stars makes
no commitment to update the Content or the Site and may discontinue or curtail the Site and access thereof. Visible Stars reserves the right to make changes to the Site and the disclaimers, terms, and conditions
at any time.
License to Use Content; Limits on Use
Any other use, unless otherwise authorized in writing by Visible Stars, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification,
distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly
prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or
software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.
Any use of information on Visible Stars products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Visible Stars for
downloading from the Site, requires that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or broadcast it in any media form, (3) make no modifications to any such information, and (4) not make any representations or
warranties relating to such documents.
The Visible Stars name, the Visible Stars logo, and the product names associated with the Visible Stars service, as well as the names, logos, and product names of Visible Stars subsidiaries and affiliated companies, are service
marks or trademarks of Visible Stars.
Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.
You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Visible Stars or
the respective owner.
Availability of Site
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Visible Stars or its suppliers be held liable for any damages
due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and
services of Visible Stars or its suppliers that are not available in your location. Such references do not imply that Visible Stars or its suppliers intend to make available such products, programs or services in your
Links With Other Sites
Visible Stars is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your
own risk. Visible Stars may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or
owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF
A LINKED SITE, ARE HEREBY EXCLUDED.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to register (including setting up an Visible Stars login and password). You are entirely responsible for maintaining the confidentiality
of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Visible Stars immediately of any unauthorized use of your login or
password, or any other breach of security. However, you may be held liable for losses incurred by Visible Stars or any other user of or visitor to the Site due to someone else using your Visible Stars login, password
You may not use anyone else’s Visible Stars login, password or registration at any time without the express permission and consent of the holder of that Visible Stars login, password or registration. Visible Stars cannot
and will not be liable for any loss or damage arising from your failure to comply with these obligations.
secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Visible Stars does not promise that the site or any content, service or feature of the site will be error–free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. the site and its content are delivered on an “as-is” and “as-available” basis. all information provided on the site is subject to change without notice. Visible Stars cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Visible Stars disclaims all warranties, express or implied, including any warranties of accuracy, title, non-infringement, merchantability and fitness for a particular purpose. Visible Stars disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and any Visible Stars services. you assume total responsibility for your use of the site and any linked sites. your sole remedy against Visible Stars for dissatisfaction with the site or any content is to stop using the site or any such content. this limitation of relief is a part of the bargain between the parties, and in its absence Visible Stars would not make the site available.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Visible Stars reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to
modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or
non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.
Limitation of Liability
Except where, and to the minimum extent, prohibited by law, in no event will Visible Stars be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost
profits or cost of replacement, even if Visible Stars has been advised of the possibility of such damages.
Content, Visible Stars’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Visible Stars, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss,
liability, claims or expenses (including attorneys’ fees), made against Visible Stars by any third party due to, or arising out of, or in connection with, your use of the Site.
You agree that Visible Stars may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site (including revoking logins and passwords) if we
constitute an unlawful and unfair business practice, and will cause irreparable harm to Visible Stars, for which monetary damages would be inadequate, and you consent to Visible Stars obtaining any injunctive or
equitable relief that Visible Stars deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Visible Stars may have at law or in equity.
You agree that Visible Stars may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other
government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected
reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Visible Stars. You agree that Visible Stars will not be liable to you or to any third party for termination of your access
Governing Law; Dispute Resolution
You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard
to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute
between Visible Stars and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such
dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties
shall be free to pursue any right or remedy available to them under applicable law.
U.S. Government Restricted Rights
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 ©(1)(ii) and FAR 52.227-19.
You may not access, download, use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or
regulations, including, without limitation, United States export laws and regulations. You agree to comply with all export laws and regulations of the United States or foreign authorities.
agreement between you and Visible Stars with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Visible Stars with respect to such use