Terms of Service
Terms of Service
Cloudy Nights Terms of Service
Last Updated 04-MAY-2023
By registering for an account on Cloudy Nights you unconditionally agree to abide by the rules set forth here. Cloudy Nights reserves the right to deny or restrict membership and its privileges to anyone at the sole discretion of the Cloudy Nights Administrators. This is a private forum, not a democracy. Membership is a privilege, not a right.
The Basics
The guiding principles of your participation on Cloudy Nights are:
Play Nice
Share
Be Polite
Be Honest
Be Tolerant
Respect other members
Respect and cooperate with the Administrators and Moderators who have unselfishly volunteered their time to keep this board a useful resource.
Cloudy Nights is a family friendly forum. We have members under the age of 14. We expect you to behave accordingly.
The Golden Rule applies here.
If you cannot abide by the above guidelines for civil conduct, then this is NOT the place for you.
The entirety of the Terms of Service (TOS, which follows) flows from those simple guidelines.
I. Appropriate posting practices
a. Any astro-photographs or images you post should be your own. Do not post re-edits of someone else’s images unless you have their permission. Passing off someone else’s astro-photos as your own will result in a permanent ban. Screen shots of software, apps, diagrams and websites are acceptable within reason (Moderators and Administrators will determine what’s reasonable). Scans of star charts or single pages from printed material, if used for illustrative or instructional purposes, will typically be allowed. Do not post complete scans of manuals, books, articles, or other printed material. We discourage the posting of distracting or annoying content, such as memes, and Moderators may remove such content without notice and at their discretion. Whenever possible, please include a link to the original material, image, or website. Image posting size restrictions are 1600X1200 px (maximum 500kb), avatars must be 80X80 px, and signature images (2 allowed) may be no more than 100X600 px.
b. Short (one or two line) quotes of textual material may be posted, as long as the quote is properly attributed to the author and a link to the material is posted if available. Moderators have discretion to determine if posted quotes are too long or improperly attributed.
c. Topics about politics, religion, or ‘hot-topic’ issues (global warming, taxes, lifestyles, etc.) that can easily become incendiary are not welcome here. Moderators have the discretion to determine if a topic or post is within these boundaries.
d. Posts and topics that are disruptive, disrespectful, offensive, trolling, or profane will be removed immediately and the offender(s) may be subject to suspension of privileges or a permanent ban.
e. Moderators will not comment publicly regarding editing or removing topics or posts. When moderation is done, it is done in private out of respect for the member(s). Likewise, members may not comment on moderation actions in the open forums. Such comments will be removed immediately. If you have a concern about moderation, please contact the Moderator or an Administrator using the Private Message system.
f. This is not the place to air grievances with vendors. Please do not attempt to use us as leverage. Take it up with the vendor off of this site.
g. We believe that using this site to recruit members to other sites is ‘poor netiquette’. Any topics or posts attempting to do so will be removed immediately and the member may suffer suspension of privileges or a permanent ban. The Administration Team may permit redirects to other sites by exception, if warranted by exceptional circumstances.
h. Do not start a topic within an already established topic (hijacking). If you have a new topic to discuss, start a new topic in the most appropriate forum. If you are unsure where to post just contact a Moderator.
i. Cross-posting is not permitted. Pick the most appropriate forum for your topic and post it there, once. Duplicate topics will be removed.
j. Members may not post their personal contact information in posts or ads. Members may also not post the personal contact information of other persons. If you need to give your contact information to another member please use the Private Message system. Accounts of social media nature are not constituted to be personal contact information. p.
k. Posting from other sites, and copyright and privacy issues: Please do not copy e-mails, articles, posts, or any other content from publications or from other online sites unless you are the owner of the material or have received explicit permission from the owner to do so. This permission must be included in your post. Using another person's work without permission is, at the very least, poor netiquette, and is not permitted on this forum. A summary or short quote (one or two sentences) is acceptable without permission, but you must include the identity of the original source. The best way to direct fellow CN members to material you have found is to simply include a link, when possible, in your post. Please respect others privacy and do not post e-mails or PM's without the express permission of the other party/parties involved. This includes e-mails from non-CN members.
l. Think before you post! Your posts become property of this site. Cloudy Nights reserves the right to remove content which is deemed inappropriate if Moderators consider it necessary. Likewise, requests to remove posts will not be entertained unless Moderators deem it necessary.
m. Fund raising or solicitation for donation posts of any kind are not permitted. This includes links to crowdfunding sites.
n. 'For Sale / Trade / Wanted' posts are not permitted in the open forums and are subject to immediate removal without notice. The CN Classifieds are provided for that purpose. Moderators and administrators have the final word as to what constitutes a "For Sale/ Wanted/ Trade" post in the open forums.
o. Cloudy Nights does not condone data harvesting of member information nor does it permit any members or 3rd parties to post redirect links to surveys. Limited exceptions may be made under exceptional circumstances and only after administrator permission has been secured.
p. Cloudy Nights is owned and based in the United States - with a majority of its members having English as their default language - therefore all posts must be in English. In cases where a language other than English is necessary, such as quoting a historical document, poster must also provide as accurate an English translation as possible. Any posts which are not in compliance, are subject to immediate removal.
q. Ratings are only to be used for completed classified transactions, please refer to the Classified Rules for a complete description. Ratings are not to be used to "like", "get back at" or to malign another member. Abuse of Ratings may result in the suspension of membership privileges.
II. Your Account
a. Members are permitted a single account only. No exceptions. If you have a problem logging into your account, please contact a Cloudy Nights administrator at administrator@cloudynights.com.
b. Once established, we do not delete member accounts.
III. Practicing Safe Astronomy
a. Members may not discuss or post links to sites that discuss the modification or unsafe use of solar observing equipment. No exceptions.
b. Members may not discuss or post links to sites that discuss, advertise, or sell laser pointers and modules that are greater than 5mW. The only exception is for equipment that is used for legitimate scientific purposes or research. Moderators and Administrators have the discretion to determine whether or not a post or topic is eligible for that exception.
IV. TOS Violations
a. Violation of any of these rules may result in one or more of the following:
- A moderator request that you edit your post, or a moderator editing it themselves after the edit window has elapsed.
- Removal of a post, or removal or closing of a topic.
- In rare occasions, suspension of posting privileges from a short period of time up to permanently, depending on the severity of the violation and the number of prior incidents.
- We will usually attempt to notify you of a TOS violation by means of a Personal Message – for this reason it is strongly suggested you set your account to have Personal Messages forwarded to your email account (and that you maintain a valid email account with us).
V. TOS Modifications
a. Cloudy Nights reserves the right to make changes to the Terms of Service without notice. You should periodically check for changes.
VI. Vendors (& Vendor Affiliates), Organizations and Freeware (aka Community) Developers
a. Definition of "Vendor": If you produce, sell or market a product or service that is targeted at astronomy hobbyists, and promote it here on this site (regardless of profit), you may be classified as a Vendor.
b. Definition of an "Organization": A representative of a professional or trade organization, association or alliance which is not a vendor, per se, but may be involved in astronomy advocacy or promotion of standards or technology (versus products) which may underlie products from vendors or developers.
c. Definition of a "Freeware Developer": This category of member is meant for established regular CN members who occasionally want to share free intangible software tools or hardware designs, of their own making, with the rest of the community. Specifically:
- Freeware Developers must be members of the site for 30 or more days and have a record of community participation (30 or more posts).
- Their product must be a completely free "no strings attached" software program or hardware design to be built by others.
- These programs or products must be completely functional and not serve as advertising or introductions to other for-profit products or services.
- Software programs must not include internal advertisements or the ability to purchase add-ons or upgrades.
- Hardware designs must not be promoted alongside services which manufacture and/or distribute tangible items based on the free design.
- Any WWW site hosting the product and linked from Cloudy Nights must not offer products or services for sale by the Freeware Developer.
- The "Freeware Developer" membership category is not intended for creators of educational or entertainment media, which includes: authors, bloggers, teachers/tutors/coaches, influencers or product reviewers.
e. Vendors, Organizations & Freeware Developers can be wonderful sources of information for the hobby and our members. We would like to be able to take advantage of their expertise but also protect our membership from those who primarily view the site as a marketing tool. Therefore, our primary concerns are to maintain non-promotional discussion in the forums as well as ensure that members remain aware of potential conflicts of interest.
f. Cloudy Nights is owned by Astronomics, which graciously allows other vendors to participate. Vendors are held to a higher standard of conduct on this site and should consider this before they post. Vendors, Organizational Representatives and Freeware Developers are allowed to participate in any discussion on any topic (or involving any product) but they are expected to be courteous, objective, and non-promotional. Vendors are cautioned that perception of their posts (not necessarily intent) will be weighed heavily.
g. The Vendor Announcement Forum must be used by Vendors, Organizations or Freeware Developers to announce sales, specials, or any information pertinent to our members about their business or products. These may be updated weekly. If done more often than that they are subject to removal. Vendors, Organizational Representatives or Freeware Developers are free to answer questions as often as they come up. Vendors may not solicit business via private message (PM).
h. Vendors, Affiliates, Organizations or Freeware Developers may not advertise in their signatures. However, they may include a single general link to their WWW site in their signature.
i. These rules are designed to encourage participation by the many great Vendors, Organizations and Freeware Developers our hobby has but to limit the actions of those few Vendors who cannot behave. Violations of these rules (either the letter or spirit) may result in the immediate suspension of privileges or a permanent ban.
VII. Classified Ads
a. Rules for posting and conduct in the Classified Section are posted separately from this TOS. Please read them.
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Legal Terms:
Cloudy Nights (CNC Classifieds and Forums) Access Agreement and Terms of Service
THIS AGREEMENT "Agreement" is entered into by and between CLOUDY NIGHTS LLC and any individual, corporation, association, agency, company, or other entity who accesses or uses the Cloudy Nights CNC Classifieds and Forums (the "User" or "you").
The Cloudy Nights CNC Classifieds and Forums, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The Cloudy Nights CNC Classifieds and Forums is owned and operated by CLOUDY NIGHTS LLC. The Cloudy Nights CNC Classifieds and Forums contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users.
1. User Rights and Responsibilities
1.2 User Conduct.
You agree to access and use the Cloudy Nights CNC Classifieds and Forums only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Cloudy Nights CNC Classifieds and Forums, including any Interactive Area, (ii) the use of any networks or other services connected to the Cloudy Nights CNC Classifieds and Forums, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Cloudy Nights CNC Classifieds and Forums . By accessing the Cloudy Nights CNC Classifieds and Forums , you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Cloudy Nights CNC Classifieds and Forums ;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Cloudy Nights CNC Classifieds and Forums content.
(1) You acknowledge that Content on the Cloudy Nights CNC Classifieds and Forums is generally provided by the Cloudy Nights CNC Classifieds and Forums , individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the Cloudy Nights CNC Classifieds and Forums permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Cloudy Nights CNC Classifieds and Forums owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(2) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The Cloudy Nights CNC Classifieds and Forums " and its URL address. You acknowledge that the Cloudy Nights CNC Classifieds and Forums , its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Cloudy Nights CNC Classifieds and Forums only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Cloudy Nights CNC Classifieds and Forums , without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Cloudy Nights CNC Classifieds and Forums the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Cloudy Nights CNC Classifieds and Forums to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the Cloudy Nights CNC Classifieds and Forums may include various interactive areas ("Interactive Areas"), including but not limited to ads. These Interactive Areas allow feedback to the Cloudy Nights CNC Classifieds and Forums and real-time interaction between users. You further understand that the Cloudy Nights CNC Classifieds and Forums does not control the messages, information, or files delivered to such Interactive Areas and that the Cloudy Nights CNC Classifieds and Forums may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Cloudy Nights CNC Classifieds and Forums cannot, and does not intend to, screen communications in advance. Moreover, because the Cloudy Nights CNC Classifieds and Forums encourages open and candid communication in the Interactive Areas, the Cloudy Nights CNC Classifieds and Forums cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Cloudy Nights CNC Classifieds and Forums is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Cloudy Nights CNC Classifieds and Forums has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Cloudy Nights CNC Classifieds and Forums may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Cloudy Nights CNC Classifieds and Forums reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Cloudy Nights CNC Classifieds and Forums policy in effect at that time, (ii) be harmful to the rights of any User, the Cloudy Nights CNC Classifieds and Forums , or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Cloudy Nights CNC Classifieds and Forums in operating the Cloudy Nights CNC Classifieds and Forums , or any change in Content, is for you to discontinue accessing the Cloudy Nights CNC Classifieds and Forums . The Cloudy Nights CNC Classifieds and Forums may terminate or temporarily suspend your access to all or any part of the Cloudy Nights CNC Classifieds and Forums , without notice, for conduct that the Cloudy Nights CNC Classifieds and Forums believes is a violation of this Agreement or any policies or guidelines posted by the Cloudy Nights CNC Classifieds and Forums , or for other conduct which the Cloudy Nights CNC Classifieds and Forums believes, in its sole discretion, is harmful to the Cloudy Nights CNC Classifieds and Forums or other Users. The Cloudy Nights CNC Classifieds and Forums may discontinue operating the Cloudy Nights CNC Classifieds and Forums and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Cloudy Nights CNC Classifieds and Forums , including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Cloudy Nights CNC Classifieds and Forums , as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the Cloudy Nights CNC Classifieds and Forums , neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Cloudy Nights CNC Classifieds and Forums . All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Cloudy Nights CNC Classifieds and Forums or controlled by the Cloudy Nights CNC Classifieds and Forums . The Cloudy Nights CNC Classifieds and Forums neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Cloudy Nights CNC Classifieds and Forums , which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Cloudy Nights CNC Classifieds and Forums , its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Cloudy Nights CNC Classifieds and Forums or your inability to access the Internet or any site linked to or from the Cloudy Nights CNC Classifieds and Forums .
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Cloudy Nights CNC Classifieds and Forums . It is the policy of the Cloudy Nights CNC Classifieds and Forums not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Cloudy Nights CNC Classifieds and Forums IS AT YOUR SOLE RISK. NEITHER THE Cloudy Nights CNC Classifieds and Forums NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Cloudy Nights CNC Classifieds and Forums OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Cloudy Nights CNC Classifieds and Forums OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Cloudy Nights CNC Classifieds and Forums OR ANY SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums . THE Cloudy Nights CNC Classifieds and Forums IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Cloudy Nights CNC Classifieds and Forums , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, ORTHEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Cloudy Nights CNC Classifieds and Forums , OR ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums , WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Cloudy Nights CNC Classifieds and Forums , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Cloudy Nights CNC Classifieds and Forums OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums . THE CONTENT WITHIN THE Cloudy Nights CNC Classifieds and Forums AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Cloudy Nights CNC Classifieds and Forums MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Cloudy Nights CNC Classifieds and Forums AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Cloudy Nights CNC Classifieds and Forums AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Cloudy Nights CNC Classifieds and Forums IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Cloudy Nights CNC Classifieds and Forums SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Cloudy Nights CNC Classifieds and Forums , IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Cloudy Nights CNC Classifieds and Forums .
6. Indemnity
You agree to indemnify and hold the Cloudy Nights CNC Classifieds and Forums , its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Cloudy Nights CNC Classifieds and Forums or any Internet site linked to or from the Cloudy Nights CNC Classifieds and Forums , or in connection with the transmission of any Content on the Cloudy Nights CNC Classifieds and Forums .
7. Miscellaneous
This Agreement comprises the entire agreement between the Cloudy Nights CNC Classifieds and Forums and you, and supersedes any prior agreements with respect to the subject matter herein. The Cloudy Nights CNC Classifieds and Forums may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Cloudy Nights CNC Classifieds and Forums . You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Cloudy Nights CNC Classifieds and Forums . Your continued accessing and use of the Cloudy Nights CNC Classifieds and Forums following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Cloudy Nights CNC Classifieds and Forums to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Cloudy Nights CNC Classifieds and Forums , excluding its conflict of laws rules, and you and the Cloudy Nights CNC Classifieds and Forums each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Cloudy Nights CNC Classifieds and Forums have been done strictly for clarification and identification and does not constitute endorsement by the Cloudy Nights CNC Classifieds and Forums of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Cloudy Nights CNC Classifieds and Forums by such trademark, service mark or link owner.
If you are not happy with the service rendered, ultimately your sole recourse is to stop your use of said service.
Cloudy Nights is owned by Cloudy Nights LLC
