Welcome, Starship Designer User
Terms of Service
The following terms and conditions govern all use of the App Starship Designer. For purposes of these Terms of Service (“TOS”), the “Starship Designer Platform” is defined to include (i) the App Server Environment, (ii) the App Development Environment, and (iii) any Starship designs created these other aspects of the Starship Design Platform. As used herein, the Starship Design Platform is defined to include these three parts as well as all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials. The Starship Design Platform is owned and operated on a hobby basis by David L. Dawes operating as VirtualSoundNW. References to I, Me, Myself all refer to David L. Dawes.
The Starship Design Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this terms of service page (collectively, the “Agreement”).
Maintaining Accounts
We may provide storage for your designs but if so it may only be available for an intermittent period and should not be counted on; please make copies of anything you create that you wish to save. Uninstalling the app will generally remove our copies of your designs.
Responsibility of Users/Contributors
If you make (or allow any third party to make) designs available by any means, you are entirely responsible for the content of, and any harm resulting from, that Content. In particular please do not steal and then distribute other folk's designs without permission.
By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content is not unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
License Grant
Starship Designer is licensed under the Open Gaming License and the source code is available on github.
Subject to your agreement and compliance with the terms and conditions of this TOS, we grant to each user a limited, personal, non-exclusive right to use the App and the Starship designs they create as they see fit, respecting copyright laws. Any copies are the responsibility of the user, so please do not copy copyrighted works.
Changes
We reserve the right to modify or replace any part of these TOS. It is your responsibility to check these TOS periodically for changes. Your continued use of or access to the App Press Platform following the posting of any changes to these TOS constitutes acceptance of those changes.
Data Collection and Use
We collect your email address to identify you and store your data separately. We may email you from time to time (less than every 30 days) with offers or upgrade notices. We will not sell, transfer, export or give access to your information or any portion of it to any other entity.
Termination
We may be forced to terminate your license (some copyright holders are litigious and as a hobby pursuit, I will fold at the first threat of legal action, probably). If forced to I will terminate this license. If I lose interest and stop supporting it, the license continues as is but no support is available. You can ,modify the source yourself or attempt to get it done by contract, but I offer no guarantee that this sill be possibe.
Disclaimer of Warranties
THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE APP PRESS DEVELOPMENT ENVIRONMENT OR THESE TOS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP PRESS DEVELOPMENT ENVIRONMENT AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STARSHIP DESIGNEER IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT THE APP SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE APP PRESS PLATFORM AND/OR APP PRESS DEVELOPMENT ENVIRONMENT.
Limitations on Liability
IN NO EVENT I BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE.
THIS IS A FREE APP AND I HAVE NO AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU PAID NOTHING AND I AM OBLIGATED FOR NOTHING.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
General Representation and Warranty
You represent and warrant that (i) your use of the Starship Designer will be in strict accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Starship Designer will not infringe or misappropriate the intellectual property rights of any third party.
Governing Law and Dispute Resolution
All matters relating to these TOS and your access to, or use of, the Starship Designer shall be governed by the Laws of the State of Washington, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against me, including any claim or dispute relating to these TOS, to the Starship Designer, must be resolved by a State or Federal court located in King County, Washington, United States of America. You agree to submit to the personal jurisdiction of the courts located in King County, Washington, United States of America for the purpose of litigating any such claims or disputes or any claims or disputes that I may have against you. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
General Terms
No amendment, modification, waiver or discharge of any provision of these TOS shall be valid unless made in writing and signed by an me. No failure or delay by me to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by me. These TOS constitute the entire agreement between me and you with respect to your access to or use of the Starship Designer and supersede any prior agreements between you and I on such subject matter. You may not assign or otherwise transfer these TOS, or any right granted hereunder, without my written consent. My rights under these TOS are freely transferable by myself. If any provision of these TOS is held to be illegal, invalid or unenforceable, the remaining provisions of these TOS shall be unimpaired and remain in full force and effect. These TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
© 2020 David L. Dawes
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