Terms of Service

Lower Astronomy Studios Terms of Use

Effective: October 29, 2020

Lower Astronomy Studios operates an ecommerce service and related services through lowerastronomystudios.com accessible to mobile devices, tablets, and other connected devices. As used in this policy, "Lower Astronomy Studios" refers to Lower Astronomy Studios LLC. We may refer to Lower Astronomy Studios as "we", "us", or "our". We may refer to you as "customer", "you", or "your".

THE SERVICE IS OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THESE LOWER ASTRONOMY STUDIOS TERMS OF USE. PLEASE READ THE FOLLOWING LOWER ASTRONOMY STUDIOS TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT”, BY SELECTING “ORDER,” BY SELECTING “CHECK OUT” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE LOWER ASTRONOMY STUDIOS TERMS. IF YOU ARE NOT ELIGIBLE, OR AT ANY TIME, DO NOT AGREE TO THE LOWER ASTRONOMY STUDIOS TERMS, YOU MAY NOT USE THE SERVICE.

Privacy Policy

Please read our privacy policy carefully for information relating to our collection, use, storage and disclosure of your information. The Lower Astronomy Studios privacy policy is incorporated into and is subject to this Lower Astronomy Studios Terms.


Additional Terms

Your use of the Service is subject to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that we may post and you may accept (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms. The Additional Terms include, but are not limited to


Lower Astronomy Studios Subscriptions

Following your first purchase of a subscription with Lower Astronomy Studios, you automatically will be subscribed to the Lower Astronomy Studios Subscription and it will renew automatically for additional intervals unless you unsubscribe to product(s) in your Lower Astronomy Studios Subscription.

 
Lower Astronomy Studios Service Overview

Lower Astronomy Studios is an ecommerce website offering products to purchase one time and/or a subscription service.

On a recurring basis at intervals set forth on your Customer Account Page, we automatically charge your stored method of payment for your purchase of products in the Subscription Service, and ship those purchased products to you (the “Lower Astronomy Studios Subscription”).

You may cancel automatic payments (and corresponding automatic shipments) from the customer account page. Doing so will also cancel your Lower Astronomy Studios Subscription. You do not need a Lower Astronomy Studios Subscription to purchase products from us.

We use third party carriers to ship items that you purchase, and as a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.

 
Eligibility

You must be at least 18 years of age to use the Service. By agreeing to these Lower Astronomy Studios Terms or by using the Service, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Lower Astronomy Studios Terms and that you agree to be bound by them on behalf of that organization.

 

Accounts and Registration

You need an account to use the Subscription Service, and you may be required to be logged into your account and have a valid payment method associated with it. You may visit your Customer Account Page to manage your payment information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us is and will be accurate, complete and up-to-date at all times. If you provide any information that is inaccurate, incomplete or not up-to-date, or if we determine in our sole discretion that such information may be inaccurate, incomplete or not up-to-date, we have the right to suspend or terminate your account and refuse you any and all current or future use of Service. You may not register for more than one account or register for an account on behalf of an individual other than yourself. If you have reason to believe that your account is no longer secure, immediately notify us at lowerastronomystudios@gmail.com.

 

Payment, Credit Card Billing, Automatic Renewal, and Recurring Charges

Fees to access the service. Access to the Service, or to certain features of the Service, may require you to pay enrollment or membership fees. Lower Astronomy Studios may change any fees associated with the Service, including the Lower Astronomy Studios Subscription on a going forward basis at any time by providing notice by email or other communications. All fees are in U.S. Dollars. You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”). We will charge the Payment Provider you specify in your Account Settings. By providing your Payment Provider information, you authorize us or our third party payment processors to charge: (i) all membership or enrollment fees to such Payment Provider; and (ii) all fees associated with the Subscription Service and including, without limitation, all applicable taxes, product costs and shipping fees, to such Payment Provider prior to shipment and on a per-delivery basis. If you pay any applicable fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If we do not receive payment from your Payment Provider, you must pay all amounts due upon demand and we may suspend your access to the Service until such amounts are paid. All sales are final and, except as provided in our refund policy we will not issue refunds or accept returns.

Automatic Renewal of Lower Astronomy Studios Subscription. Your Delivery Service will remain an automatic-renewal Lower Astronomy Studios Subscription until you cancel automatic shipments. You hereby authorize us to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Lower Astronomy Studios does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Lower Astronomy Studios may either terminate or suspend the Subscription Services and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). We will send you reminders of your upcoming subscription shipment a week before the ship date specified in your Account Settings and then the day before it.

Third Party Providers. We use and reserve the right to continue using third party payment providers (“Payment Processors”). Your electronic payment of fees through any Payment Processors is also governed by the Payment Processors’ terms of service and privacy policy. Currently, we use Stripe, Inc. (“Stripe”) and PayPal, Inc. (“PayPal”) as our Payment Processors for payment services (e.g., card acceptance and related services), but may add others from time to time. By making payments via the Service, you agree to be bound by Stripe’s US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/privacy, PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full , as applicable. You hereby consent to provide and authorize Lower Astronomy Studios and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Lower Astronomy Studios Terms, including personal, financial, credit card payment, and transaction information.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Lower Astronomy Studios upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

 
Order Changes and Cancellations

You may cancel orders provided that we have not begun to process the products in your order for shipment. You may do this by contacting us at lowerastronomystudios@gmail.com.

 

Returns and Refunds

Subject to the Lower Astronomy Studios Cancellation, Return and Refund Policy, we accept returns under certain conditions. Please read the Lower Astronomy Studios Cancellation, Return and Refund Policy for complete details on how to request a refund.


Proprietary Rights of Lower Astronomy Studios

The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Lower Astronomy Studios (the “Materials”) are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any User Generated Content, all Materials contained in the Service are the property of Lower Astronomy Studios or our third-party licensors. Subject to these Lower Astronomy Studios Terms, we grant you a limited license to reproduce portions of the Materials for the sole purpose of using the Service for your personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Lower Astronomy Studios or any of its affiliates or partners.


Prohibited Conduct

You will not engage in the following behaviors.

  • Use the Service for any illegal purpose, or in violation of any local, state, national, or international law

  • Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights

  • Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate

  • Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law

  • Make available any virus, adware, spyware, worm, Trojan horse, Easter egg, time bomb, spyware, malicious code, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment

  • Make unsolicited offers or advertisements to other users of the Service

  • Attempt to collect, personal information about users or third parties without their consent

Perform any fraudulent activity including impersonating any person or entity (including Lower Astronomy Studios), claiming false affiliations (including affiliations with Lower Astronomy Studios), accessing the Service accounts of others without permission, or falsifying your age or date of birth

  • Sell or otherwise transfer your account or content associated with your account

  • Use the Service or any of Lower Astronomy Studios names, logos, or brands without our written consent, including, but not limited to (i) send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (ii) use any meta tags or other hidden text or metadata utilizing a Lower Astronomy Studios trademark, logo, URL, or product name without our written consent

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any material, or reproduce or circumvent the navigational structure or presentation of the Service, without our express prior written consent

  • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, unless you obtain our express prior written consent to do so

  • Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in these Lower Astronomy Studios Terms, or attempt, permit, encourage, assist, or allow any other violation of these Grove Collaborative Terms of Use, our Refund Policy, our Referral Policy, or other applicable policies

 
Third Party Services and Linked Websites

We may, now or in the future, provide tools through the Service that enable you to export information from the Service to third party services, including through features that allow you to link your account on Lower Astronomy Studios with an account on the third party service, such as Twitter or Facebook or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

Termination of Use; Discontinuation and Modification of the Service

These Lower Astronomy Studios Terms are effective on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use any portion of the Service and for so long as you have an account on the Service, unless terminated earlier in accordance with these Lower Astronomy Studios Terms. If you violate these Lower Astronomy Studios Terms, your permission to use the Service will automatically terminate. Additionally, we, in our sole discretion, may terminate your account on the Service or suspend or terminate your access to the Service at any time, with or without notice. If we terminate your access to the Service, we may, in our sole discretion, either fulfill any orders for which you have already paid or refund you the relevant amounts paid. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service and other than as specified in this paragraph, we will have no liability as a result of any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting us at lowerastronomystudios@gmail.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

Electronic Communications; SMS and Text Messaging

We may use electronic means to communicate with you on our digital properties and mobile applications when you visit the Service, send us e-mails, or whether we post notices on the Service or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lower Astronomy Studios in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lower Astronomy Studios provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

By signing up for our Service, you expressly consent to receive text messages to any mobile number you provide. You agree we may send you such text messages using any technology, including, without limitation, automatic telephone dialing systems, to remind you about upcoming orders and for other customer support, account or Service-related purposes. You also agree that we may send you text messages to advise you about our offers, products, services, and/or programs, provided that we will seek your affirmative consent before sending you marketing or advertising-related text messages using an automatic telephone dialing system. Text messages will only be sent to the mobile phone number you supply. In some instances, you may have the opportunity to reply to a message, which may result in additional response messages. Your consent to receive marketing or advertising messages via an automatic telephone dialing system is not a condition of purchase. Message and data rates may apply. We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us. You may opt out of a text message program at any time by texting STOP to the applicable short code, or as otherwise stated in the specific terms and conditions for the applicable text message program. You may receive a final confirmation message to confirm that you will no longer receive text messages from the applicable text message program unless you opt back into such program. If you unsubscribe from a text message program, you may continue to receive text messages through any other text message programs you have joined until you separately unsubscribe from those programs. You acknowledge that our program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Lower Astronomy Studios and its service providers will have no liability for failing to honor such requests. Some of our text messaging services have additional terms and conditions that will apply in addition to the description herein.

Changes to these Lower Astronomy Studios Terms

We reserve the right, at our discretion, to change the Lower Astronomy Studios Terms on a going forward basis at any time. When changes are made, we will make a new copy of these Terms available on the Service and will update the “Date Effective” date at the top of these Terms. In the event that a change to these Terms materially modifies your rights or obligations and you have registered for an account with us, we will notify you via email of the new Lower Astronomy Studios Terms. Any changes to these Terms will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Service for existing users, provided that any material modifications will be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Service or thirty (30) days after dispatch of an email notice of such changes. We may require you to provide consent to the updated Lower Astronomy Studios Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Service. OTHERWISE, YOUR CONTINUED USE OF THE SITE OR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). Please check these Terms regularly for changes.

Indemnity

You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Lower Astronomy Studios and its officers, directors, employees, consultants, partners, licensors, affiliates, subsidiaries and agents (collectively, the “Lower Astronomy Studios Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with: (i) your misuse of the Service; (ii) your violation of the Lower Astronomy Studios Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree that the provisions in this section will survive any termination of your account, the Lower Astronomy Studios Terms or your access to the Service.

Disclaimer of Warranties.

Lower Astronomy Studios cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER GENERATED CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY LOWER ASTRONOMY STUDIOS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LOWER ASTRONOMY STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM LOWER ASTRONOMY STUDIOS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, LOWER ASTRONOMY STUDIOS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICE, PLEASE RETURN IT IN ACCORDANCE WITH OUR CANCELLATION, RETURN AND REFUND POLICY.
 

Limitation of Liability

IN NO EVENT WILL THE LOWER ASTRONOMY STUDIOS ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LOWER ASTRONOMY STUDIOS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE LOWER ASTRONOMY STUDIOS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR ANY OTHER INTERACTIONS WITH LOWER ASTRONOMY STUDIOS IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO LOWER ASTRONOMY STUDIOS FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE LOWER ASTRONOMY STUDIOS ENTITIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF LOWER ASTRONOMY STUDIOS’ NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. EACH PROVISION OF THESE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND LOWER ASTRONOMY STUDIOS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOWER ASTRONOMY STUDIOS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE SERVICE, YOUR SOLE RECOURSES ARE OUR RETURN AND REFUND POLICIES, WHICH ARE SET FORTH IN ABOVE, AND ANY WARRANTY OFFERED BY THE RELEVANT MANUFACTURER.


Notice

Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Lower Astronomy Studios Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lower Astronomy Studios at the following address: 420 Memphis Ave, Madison, WI 53714. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.


International Users

The Service is controlled and offered by Lower Astronomy Studios from its facilities in Madison, WI. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use our Service from other countries do so at their own volition and are responsible for compliance with local law.

 
Accessibility

Please see our Accessibility Statement.

Contact Information. If you have any questions, complaints, or claims regarding Lower Astronomy Studios, the Service, or these Lower Astronomy Studios Terms of Service please contact us at lowerastronomystudios@gmail.com