Astronomy in Action Tour Terms of Service

Introduction:
The following terms, conditions and provisions (the "Terms of Use") govern the relationship between you and Astronomy in Action Inc. and its subsidiaries, affiliates and/or related entities ("Astronomy in Action" or "we" or "our") as it pertains to your online dealings with Astronomy in Action.

The Astronomy in Action Website
By using any part of Astronomy in Action.com, including the Astronomy in Action Store, or any mobile websites or applications owned by Astronomy in Action which may be accessible via Televisions, Blu-ray players, Home Theatre Systems, Mobile devices or such other technology that may become available from time to time (collectively referred to as the “Website”) or establishing an account on the Website, you agree to comply with, and be legally bound by, these Terms of Use (which include the Terms of Sale for the Astronomy in Action Store), the Privacy Policy (collectively referred to as the “Website Terms”), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Website or the merchandise purchased therefrom. If the Website Terms are not acceptable to you, you must not use this Website.

“Use” of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined, registering for an account or your devices, posting comments on the Website, requesting electronic newsletters, purchasing tickets electronically, and purchases made through the Astronomy in Action Store.

Privacy
Your privacy is important to us. The Astronomy in Action Privacy Policy is incorporated into these Website Terms by reference (the “Privacy Policy”). Please read the Privacy Policy carefully for details on the collection, use and disclosure of your personal information. Your use of the Website shall be deemed to constitute your understanding and approval of, and agreement to be bound by, the Privacy Policy and you consent to the collection, use and disclosure of your personal information by Astronomy in Action and/or third parties in accordance with the Privacy Policy or as otherwise required by law.

Modification of the Website Terms
We reserve the right, at our sole discretion, to change modify, add, or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.

Responsibility For Minors
This Website may contain material that is inappropriate for audiences under the age of thirteen (13). You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view the Website.

Astronomy in Action believes that parents should supervise their children's online activities and consider using commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.

If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. Astronomy in Action is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies.)

If for any reason Astronomy in Action believes a user may be under the age of 13, Astronomy in Action reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13 all personal information shall be deleted from our system and we reserve the right to limit and/or ban the user from our site.

Prohibited Use
As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. If you reside outside of Canada, you acknowledge that you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside, including, without limitation, laws concerning intellectual property, the Internet, data, and privacy.

  • You may not use the Website or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell, or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes.

  • You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten, or stalk others or to collect or attempt to collect personal information about users or other third parties.

  • You agree not to, intentionally or otherwise, damage, impair, or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, adware, or other malicious code.

  • You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content.

  • You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper operation of the Website and/or Content.

  • You agree not to use framing techniques to enclose trademarks, logos, or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission.

  • You agree not to make unsolicited offers, advertisements, spam, and proposals to other users of the Website.

  • You agree not to modify, adapt, translate, or create derivative works based on the Website or any part thereof.

Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.

Ownership/Proprietary Rights
The Website is owned and operated by Astronomy in Action. The content, visual interface, interactive features, information, graphics, design, computer code, methods of operation, documentation, software, services, and all other elements contained in or as part of the Website (the "Content") and any moral rights contained therein are copyrighted works owned by Astronomy in Action or its affiliates and/or third party licensors and are protected by Canadian copyright, trademark, trade dress and patent laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable law both in Canada and abroad, where permitted. All trademarks, service marks, and trade names on the Website are owned by Astronomy in Action, its affiliates, and/or third party licensors. Except as expressly authorized by Astronomy in Action, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. Astronomy in Action reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Website and the Content. You shall not acquire any right, title, or interest to the Website and/or Content, except for the limited rights set forth in these Website Terms. Astronomy in Action will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You agree that notwithstanding anything contrary contained herein, you shall have no ownership or other proprietary interest in any account you create and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and ensure to the benefit of Astronomy in Action.

Subject to the Digital Download Terms of Use, as defined below, or streaming on your computer, Blu-ray player, Home Theatre System, game console, portable game player, cellular phone, smart phone, personal digital device, cable box, digital cable box, satellite receiver, satellite transponder, satellite system, internet device, television, monitor, display, or any other equipment, hardware, media, or software whatsoever providing you with access to the internet and to the Website, you may display, download, and print the contents of this Website for non-commercial purposes which are personal or educational, provided that you attribute ownership of all such content to Astronomy in Action and provided that you do not contest Astronomy in Action's ownership of or rights towards all such content. All content on this Website is copyrighted and owned by Astronomy in Action or a third party, as indicated. The content on this Website may not, without the express written permission of Astronomy in Action, be saved, shared, broadcast, disseminated, copied, modified, published, transferred, transmitted, reposted, reproduced, reused, displayed, sold, linked to another website, or used for public or commercial purposes, unless permitted by these Terms of Use.

Astronomy in Action respects the intellectual property rights of others and requires that everyone using the Website does the same. Astronomy in Action will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent via email to info@astronomyinaction.com.

Disclaimer/Waivers/Limitations
ALTHOUGH THE CONTENT ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER Astronomy in Action NOR ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS, OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER AND DISCLAIM ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING ACCURACY, FUNCTIONALITY, UNINTERRUPTED SERVICE, COMPATABILITY, SOFTWARE COMPATABILITY, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

INTERNET SERVICES, LINKS, AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF Astronomy in Action. Astronomy in Action SHALL USE ITS REASONABLE EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN SUCH CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. Astronomy in Action SHALL NOT BE LIABLE, OBLIGATED, OR OTHERWISE RESPONSIBLE IF IT IS UNABLE OR UNWILLING TO MAINTAIN A CONTINUOUS AND UININTERRUPTED LINK TO THE INTERNET.

YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. Astronomy in Action SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF Astronomy in Action OR ANY OF ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE PRECEDING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW OR EQUITY, IN ALL ACTIONS OF ANY KIND WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY PART OF THESE TERMS OF USE DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Online Ticket Purchases
You can buy tickets at home or on your mobile device by using our online ticket purchasing service. Online or mobile ticket purchases may be made using a number of different payment options, including, but not limited to, credit card, VISA debit, Interac Online, or Apple Pay. Astronomy in Action may introduce new payment methods from time to time; any online ticket purchases made by such new payment methods will be governed by these Terms of Use as well as any other applicable policies and third party terms of use.

Processing services for credit cards, Interac Online, Gift Cards, or PayPal are provided by third-party service providers which have their own privacy policies and terms of use. Information you provide to any such third-party service provider is not shared with Astronomy in Action unless necessary for processing and completing your purchase transaction.

Upon purchasing tickets at home on your mobile device it may be possible to reserve your seating at the theatre for select performances at select theatre locations. Such option may not be available on all types of mobile devices.


Store Terms of Sale

The following terms and/or conditions (the "Terms of Sale") govern the manner in which you purchase products from the Astronomy in Action Store. Use of the Astronomy in Action Store is deemed to be your consent to the Terms of Use (of which these Terms of Sale form a part). Purchase of Products: All sales are final, except as otherwise described in these Website Terms or as otherwise decided in Astronomy in Action's sole discretion. If we are unable to complete your order due to the unavailability or discontinuance of a Product, we may provide you with a credit for the Astronomy in Action Store for the value of the purchased product. Additional Terms: In addition to these Terms of Sale, your purchase or rental of any Digital Product, or your participation in any promotion or discount, may be subject to any terms and/or conditions which are specified on the Website at the time you place an order to purchase a Digital Product or participate in any promotion or discount.

For credit card or PayPal purchases, before processing any order, Astronomy in Action obtains pre-approval, from the financial institution which issued the user's credit card, for the cost of the Digital Product together with all applicable taxes. Your credit card or other payment account will be charged only after we e-mail you that your order has been processed. 


Formation of Contract / Order Confirmation: We reserve the right to reject, cancel, correct, and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the Digital Product, we will notify you, and you may either choose not to purchase the Digital Product, or purchase the Digital Product at the correct price. We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order. Your order is deemed to be an offer to purchase the Digital Product. Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed. Until you receive an e-mail from us confirming that your order has been processed, no legally binding or enforceable contract exists between you and Astronomy in Action. We do not represent, warrant, or otherwise guarantee the length of time it will take for your order to be processed.

Limitation of Quantities: We reserve the right to limit quantities of the Digital Products which are available for sale or which each customer may buy.

Accuracy of Information: In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant, and covenant that the information provided to us is complete, true, accurate, and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate, or out-of-date information which you provide to us.

Violations of Terms of Use
If you breach any of the Terms of Use you may no longer use this Website. Astronomy in Action may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such cancellation or termination, you are no longer authorized to access this Website or that part of this Website affected by such cancellation or termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. Astronomy in Action shall not be liable, obligated, or otherwise responsible to any party for damages arising from such a cancellation or termination. Astronomy in Action reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.

Laws
These Terms of Use supersede any preceding terms of use on this Website and any other agreement regarding the use of this Website, whether oral or in writing, and render null and void any preceding terms of use on this Website or any other agreement regarding the use of this Website.

This Website (excluding linked sites) is owned and/or controlled by Astronomy in Action from its offices in the Province of Ontario, Canada. Astronomy in Action makes no representations or warranties that the Website and/or Content is appropriate for, complies with the laws within, or is available in other jurisdictions. Those who use the Website from jurisdictions other than Canada do so at their own risk and are responsible for compliance with their local laws. By accessing this Website, you and Astronomy in Action agree that all matters relating to your access to, and use of, this Website shall be governed by the statutes, regulations and laws of the Province of Ontario and of Canada, as such laws respectively apply. You and Astronomy in Action agree and hereby submit and attorney to the exclusive jurisdiction and venue of the courts of the Province of Ontario and of Canada, at the City of Toronto, with respect to any and all matters arising in connection with these Terms of Use or in consequence of your use of the Website. If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity or enforceability of any remaining provision of these Terms of Use.

Dispute Resolution
You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND THE RETURN POLICY, AND THAT YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF SAME, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND PROVISIONS CONTAINED THEREIN. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.

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