Terms and Conditions

Message From Me

Before going into the legal text I would like to say that I have created this website to make the AllSkEye application available to others for free, to be able to support it and to raise funds for my chosen charity.

I have no desire to make money from the AllSkEye application or the website. I do offer you the opportunity to support the app and its cause by purchasing a ‘PRO’ license but I would be grateful if you could see it as a ‘donation’ to the app and charity rather than a purchase.

Regardless of wether you use the free or PRO version of AllSkEye, I am very happy to run this site and keep developing the AllSkEye application to the best of my abilities but please accept that any usage of the website and software is your own risk.

Thank you for your understanding!

GDPR

By purchasing a PRO license you do agree that AllSkEye is allowed to receive and store data (names and e-mail address) provided by PayPal and GoFundMe in a secured database. This information will be used only to provide you with access to AllSkEye PRO. Your record will not be shared with other parties and can be removed completely anytime by your request. For full details on the AllSkEye privacy policy please see here: https://www.allskeye.com/privacy-policy-cookies/

AllSkEye Application License Terms and Conditions

For any version of AllSkEye (free and paid for) and regardless of how you obtained a license key you agree to be bound by the following license agreement:

DISCLAIMER:

THE SOFTWARE LICENSED HEREUNDER IS CONSTANTLY IN DEVELOPMENT AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS.

LICENSE AGREEMENT:

PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) WHICH IS PRESENTED ELECTRONICALLY WHEN RUNNING/INSTALLING AND CAN BE VIEWED BY ACCESSING THE “Help” PAGE OF THE SOFTWARE. BY CLICKING OR TICKING ANY FORM OF “AGREE/ACCEPT” TICK BOX OR BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

1. General: The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “AllSkEye Software”) are licensed, or given, to you by the software developer for use only under the terms of this License, and the software developer reserves all rights not expressly granted to you. All Intellectual Property Rights in the Software belong to the Licensor. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original AllSkEye Software product, unless such upgrade contains a separate license.

2. Permitted License Uses and Restrictions: This License allows you to install and use copies of the AllSkEye Software on computers owned by you or on computers you are legally authorized to administer for the sole purpose of taking images of the sky. You are not allowed to use the software for any illegal activities. This License does allow the AllSkEye Software to exist on more than one computer at a time however usage of an AllSkEye PRO license is restricted to a fixed number of computers as determined by the Licensor. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. THE ALLSKEYE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL, EQUIPMENT OR ENVIRONMENTAL DAMAGE.

3. Payment / Refunds: No refunds of any kind will be given for any payments made in relation to the AllSkEye software and/or its license. This applies to any version of AllSkEye. Where applicable, a free evaluation period is provided to allow you to evaluate suitability. Once you have purchased a license no refunds of any kind will be given under any circumstances.

4. Transfer: You may not sell, rent, lease, lend or sublicense the AllSkEye Software.

5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the AllSkEye Software and destroy all copies, full or partial.

6. Disclaimer of Warranties: THE LICENSED SOFTWARE AND, IF ANY, DOCUMENTATION ARE LICENSED “AS IS”, AND THE DEVELOPER DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW.

WITHOUT LIMITATION OF THE FOREGOING, THE DEVELOPER EXPRESSLY DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE LICENSED SOFTWARE IS BEING PROVIDED TO LICENSEE “AS IS” WITHOUT WARRANTY OF ANY KIND. LICENSEE ASSUMES ALL RESPONSIBILITY FOR SELECTING THE LICENSED SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM ITS USE OF THE LICENSED SOFTWARE. LICENSEE SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE LICENSED SOFTWARE. ANY DOWNLOAD AND USE OF THIS LICENSED SOFTWARE IS DONE AT THE LICENSEE’S OWN RISK AND THE LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SHOULD IT PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION.

7. Limitation of Liability: IN NO EVENT SHALL THE SOFTWARE DEVELOPER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Severability: If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of this Agreement will remain in full force and effect. The same will also apply in the event of any unintended omissions.

AllSkEye Site Terms and Conditions

Last updated: December 8, 2018

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.allskeye.com website (the “Service”) operated by AllSkEye (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Privacy Policy

By accepting these Terms and Conditions you also confirm that you have read and accept the AllSkEye website privacy policy. The AllSkEye privacy policy can be found here: https://www.allskeye.com/privacy-policy-cookies/

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of AllSkEye and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by AllSkEye.

AllSkEye has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AllSkEye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Indemnification

You agree to defend, indemnify and hold harmless AllSkEye and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall AllSkEye, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us: https://www.allskeye.com/contact/