User Agreement (Current Version)

1. GENERAL PROVISIONS AND DEFINITIONS

1.1. This User Agreement (hereinafter – the “Agreement”) constitutes a legally binding contract between you, the user (“User”, “you”, “your”), and ICHB.ORG (“Operator”, “we”, “us”, “our”), governing your access to and use of the International Catalogue of Heavenly Bodies website, services, databases, and all associated functionalities (collectively, the “Services”).

1.2. By accessing, browsing, registering for, or otherwise using any of the Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional terms, policies, guidelines, or rules posted on the Website or made available to you in connection with specific Services, including but not limited to the Privacy Policy available at https://ichb.org/privacy/, the Cookie Policy available at https://ichb.org/cookies/, the Legal Disclaimer available at https://ichb.org/legal-Information/, and any specific terms applicable to particular services.

1.3. The Services provided by ICHB.ORG include, but are not limited to: access to the International Catalogue of Heavenly Bodies database; search and retrieval functionalities; name registration services for celestial objects; educational and informational resources; user account management; communication tools; and any other features, content, or applications offered from time to time by ICHB.ORG. The description of Services provided on the Website is for informational purposes only and does not constitute a guarantee that such Services will be available at all times or in all jurisdictions.

1.4. This Agreement may be translated into other languages for the convenience of Users. In the event of any inconsistency or contradiction between the English language version of the Agreement, available at https://ichb.org/agreement/, and any translation, the English language version shall prevail and be determinative in case of any discrepancies.

1.5. The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years old and that you have the full power, authority, and capacity to enter into this Agreement. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to this Agreement.

1.6. ICHB.ORG reserves the right, in its sole discretion, to refuse service, suspend accounts, remove or edit content, or cancel name registrations for any reason, or for no reason, with or without notice.

2. USER REGISTRATION AND ACCOUNT OBLIGATIONS

2.1. To access certain features of the Services, including but not limited to submitting name registrations, accessing priority data, or participating in naming initiatives, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to keep it accurate, current, and complete.

2.2. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password, and for all activities that occur under your account. You agree to immediately notify ICHB.ORG of any unauthorized use of your account or any other breach of security. ICHB.ORG shall not be liable for any loss or damage arising from your failure to comply with this obligation.

2.3. You acknowledge and agree that ICHB.ORG may, in its sole discretion, with or without cause, and with or without prior notice, suspend, deactivate, or terminate your account, delete any content associated with your account, and/or refuse to allow any future use of the Services, for any reason, including but not limited to: (a) violation of any term of this Agreement; (b) provision of false, inaccurate, or misleading information; (c) conduct that ICHB.ORG believes in its sole discretion is harmful to the business, reputation, or interests of ICHB.ORG or any third party; (d) prolonged inactivity; or (e) for no reason at all.

2.4. Upon termination of your account, your right to use the affected Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

2.5. You may request deletion of your account at any time by following the account management procedures on the Website or by contacting ICHB.ORG. ICHB.ORG shall use reasonable efforts to process such requests, but you acknowledge that some information may be retained in backup copies or logs for technical or legal compliance purposes.

2.6. ICHB.ORG reserves the right to impose limits on certain features of the Services or to restrict your access to parts or all of the Services without notice or liability.

3. USE OF THE INTERNATIONAL CATALOGUE OF HEAVENLY BODIES

3.1. The International Catalogue of Heavenly Bodies (the “Catalogue”) is a consolidated scientific reference database containing information about the names and designations of celestial objects, including but not limited to stars, planets, asteroids, comets, galaxies, nebulae, and surface features thereof. The Catalogue aggregates data from various sources, including publicly available astronomical catalogs, observatory records, and submissions from partner organizations.

3.2. Access to the Catalogue is provided at different levels depending on the User’s category and registration status:

3.2.1. Public Access: Unregistered users may be granted limited read-only access to certain portions of the Catalogue for personal, non-commercial, informational purposes.

3.2.2. Registered User Access: Users who complete the registration process may be granted enhanced access to the Catalogue, including additional search functionalities, data export features, and the ability to save queries or preferences.

3.2.3. Scientific and Media Access: Accredited representatives of scientific institutions and media organizations may, upon verification of credentials, be granted access to additional features, including but not limited to bulk data downloads, API access, or priority support.

3.2.4. Priority Access: Current members of the International Astronomical Union (IAU) and national representatives from countries associated with the IAU may be granted priority access, which may include expedited processing of name submissions and additional privileges as determined by ICHB.ORG in its sole discretion.

3.3. All access levels are granted at the sole discretion of ICHB.ORG and may be revoked, modified, or suspended at any time, with or without cause, and with or without notice.

3.4. You acknowledge and agree that the Catalogue is a dynamic, evolving resource and that information contained therein may be updated, modified, corrected, or removed at any time without prior notice.

3.5. By using our Services, you acknowledge and agree that we use cookies and similar tracking technologies as described in our Cookie Policy (https://ichb.org/cookies/). Cookies are used to ensure proper functioning of the Services, enhance user experience, and collect anonymized usage data for analytical purposes. You have the right to manage your cookie preferences through your browser settings as detailed in the Cookie Policy.

4. NAME REGISTRATION SERVICES

4.1. ICHB.ORG offers name registration services for celestial objects. The submission, review, and registration of names are subject to the terms and conditions set forth in this Agreement and any additional guidelines or policies posted on the Website.

4.2. By submitting a name for registration, you represent and warrant that:

4.2.1. You have the full right, power, and authority to submit the name and to grant ICHB.ORG the rights set forth in this Agreement;

4.2.2. The name does not infringe upon the intellectual property rights, privacy rights, moral rights, or any other rights of any third party;

4.2.3. The name does not violate any applicable law, statute, ordinance, or regulation;

4.2.4. The name is not defamatory, libelous, obscene, pornographic, harassing, threatening, abusive, discriminatory, hateful, or otherwise objectionable;

4.2.5. The name does not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

4.3. ICHB.ORG shall have the right, in its sole discretion, to accept, reject, modify, or remove any name submission for any reason or for no reason, including but not limited to:

4.3.1. The name duplicates or is confusingly similar to an existing name in the Catalogue;

4.3.2. The name violates any provision of this Agreement or any applicable policy or guideline;

4.3.3. The name is determined, in ICHB.ORG’s sole discretion, to be inappropriate, offensive, or contrary to the scientific or educational mission of ICHB.ORG;

4.3.4. Technical or operational limitations;

4.3.5. For any reason or for no reason at all.

4.4. You acknowledge and agree that:

4.4.1. Registration of a name does not confer any proprietary, intellectual property, ownership, or exclusive rights in or to the name or the celestial object to which it is applied;

4.4.2. Names are registered for identification purposes only and remain in the public domain;

4.4.3. ICHB.ORG does not claim ownership of registered names and makes no representations regarding the legal status or enforceability of any name under any applicable law;

4.4.4. Registration of a name does not imply official recognition or endorsement by any governmental, intergovernmental, or scientific body unless expressly stated otherwise in writing by an authorized representative of such body;

4.4.5. ICHB.ORG shall have no obligation to monitor, enforce, or defend any rights associated with registered names, and you agree that ICHB.ORG shall not be a party to any dispute regarding the ownership or use of any name.

4.5. ICHB.ORG may, at its sole discretion, charge fees for certain name registration services. Any such fees shall be disclosed on this Website or on the website of an official representative prior to the submission of a name registration application. All fees are non-refundable, even if the name application is rejected or subsequently removed.

5. USER CONTENT AND CONDUCT

5.1. “User Content” means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you submit, post, upload, transmit, display, or otherwise make available through the Services, including but not limited to name submissions, comments, forum posts, profile information, and communications with other Users.

5.2. You are solely responsible for all User Content that you make available through the Services. You represent and warrant that:

5.2.1. You own all rights, title, and interest in and to the User Content or have all necessary permissions, licenses, and consents to make it available through the Services;

5.2.2. The User Content does not and will not infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, or any other right of any third party;

5.2.3. The User Content does not contain any viruses, worms, malware, Trojan horses, or other harmful or destructive code;

5.2.4. The User Content is not false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, harassing, threatening, abusive, discriminatory, hateful, or otherwise objectionable;

5.2.5. The User Content does not violate any applicable law, statute, ordinance, or regulation.

5.3. By making User Content available through the Services, you grant ICHB.ORG a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit the User Content in connection with the operation, promotion, and improvement of the Services, including but not limited to the right to incorporate User Content into the Catalogue or other databases, and to publish or display such content in any media formats and through any media channels now known or hereafter developed.

5.4. You acknowledge and agree that ICHB.ORG may, in its sole discretion, with or without cause, and with or without notice, monitor, review, refuse to accept, remove, delete, or modify any User Content for any reason or for no reason, including but not limited to User Content that ICHB.ORG believes in its sole discretion violates any provision of this Agreement or is otherwise objectionable.

5.5. You agree not to engage in any of the following prohibited activities:

5.5.1. Using the Services for any illegal purpose or in violation of any applicable laws or regulations;

5.5.2. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;

5.5.3. Attempting to gain unauthorized access to any part of the Services, other User accounts, computer systems, or networks connected to the Services;

5.5.4. Interfering with or disrupting the operation of the Services or the servers or networks used to make the Services available;

5.5.5. Using any robot, spider, scraper, or other automated means to access the Services for any purpose without ICHB.ORG’s express written permission;

5.5.6. Collecting or storing personal information of other Users without their express consent;

5.5.7. Using the Services to transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation;

5.5.8. Uploading, posting, transmitting, or otherwise making available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

5.5.9. Intentionally or unintentionally violating any applicable local, state, national, or international law or regulation;

5.5.10. Encouraging, promoting, or facilitating any of the prohibited activities described in this Section.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. As between you and ICHB.ORG, ICHB.ORG owns all right, title, and interest in and to the Services, including but not limited to the Catalogue database structure, software, code, algorithms, user interfaces, design, layout, graphics, text, images, audio, video, and other materials (collectively, the “ICHB.ORG Content”), and all intellectual property rights therein, including but not limited to copyrights, trademarks, service marks, trade dress, patents, trade secrets, and database rights. All ICHB.ORG Content is protected by applicable intellectual property laws and international treaties.

6.2. Subject to your compliance with this Agreement, ICHB.ORG grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to view, download, and print portions of the ICHB.ORG Content solely for your personal, non-commercial, informational, or scientific research purposes, provided that you:

6.2.1. Do not modify, adapt, translate, or create derivative works based on the ICHB.ORG Content;

6.2.2. Do not remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in the ICHB.ORG Content;

6.2.3. Do not use the ICHB.ORG Content in any manner that suggests ICHB.ORG endorses you or your use;

6.2.4. Do not reproduce, distribute, publicly display, publicly perform, or otherwise exploit the ICHB.ORG Content for any commercial purpose without ICHB.ORG’s express written consent.

6.3. The names “ICHB.ORG”, “International Catalogue of Heavenly Bodies”, and any logos, graphics, or icons associated with the Services are trademarks or service marks of ICHB.ORG. Nothing in this Agreement grants you any right or license to use any such trademarks or service marks without ICHB.ORG’s prior written permission.

6.4. You acknowledge that the Catalogue aggregates data from numerous sources, some of which may be subject to third-party intellectual property rights. ICHB.ORG makes no representations or warranties regarding the intellectual property status of such third-party data and disclaims any and all liability arising from your use thereof. It is your responsibility to obtain any necessary permissions or licenses for your use of third-party data.

7. THIRD-PARTY CONTENT AND REFERENCES

7.1. The Services may contain links to third-party websites, databases, resources, or content (collectively, “Third-Party Content”) that are not owned, operated, or controlled by ICHB.ORG. ICHB.ORG provides such links for your convenience only and does not endorse, sponsor, recommend, or assume any responsibility for any Third-Party Content. Your use of Third-Party Content is at your own risk and may be subject to the terms and conditions of the applicable third party.

7.2. References on the Website to any third-party organization, including but not limited to those listed in the Partner Network section, in informational materials, or in connection with any scientific collaboration, are provided for informational purposes only. Such references:

7.2.1. Do not constitute endorsements, guarantees, or representations regarding the accuracy, reliability, or completeness of any information provided by such third parties;

7.2.2. Do not imply any formal partnership, agency, joint venture, employment, or contractual relationship between ICHB.ORG and such third party unless expressly stated in a separate written agreement;

7.2.3. Shall not be interpreted as creating any liability on the part of ICHB.ORG for the acts, omissions, or representations of such third parties.

7.3. You acknowledge and agree that ICHB.ORG 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 your use of or reliance on any Third-Party Content, goods, or services available through or from any such third party.

8. DISCLAIMER OF WARRANTIES

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CATALOGUE, ALL CONTENT, DATA, INFORMATION, SOFTWARE, AND MATERIALS PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

8.2. WITHOUT LIMITING THE FOREGOING, ICHB.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

8.2.1. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

8.2.2. WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS;

8.2.3. WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

8.2.4. WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR QUALITY OF ANY CONTENT, DATA, INFORMATION, SOFTWARE, OR MATERIALS AVAILABLE THROUGH THE SERVICES;

8.2.5. WARRANTIES THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED;

8.2.6. WARRANTIES THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2.7. THE TERMS OF THE LEGAL DISCLAIMER AVAILABLE AT HTTPS://ICHB.ORG/LEGAL-INFORMATION/, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

8.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICHB.ORG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

8.4. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY CONTENT, DATA, INFORMATION, SOFTWARE, OR MATERIALS AVAILABLE THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. ICHB.ORG DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY NAME REGISTRATION, SCIENTIFIC DATA, OR OTHER INFORMATION CONTAINED IN THE CATALOGUE OR PROVIDED THROUGH THE SERVICES.

8.5. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SCIENTIFIC UNDERSTANDING OF CELESTIAL OBJECTS IS CONTINUOUSLY EVOLVING, AND THAT INFORMATION CONTAINED IN THE CATALOGUE MAY BE REVISED, UPDATED, OR SUPERSEDED BY NEW DISCOVERIES OR RESEARCH. ICHB.ORG ASSUMES NO OBLIGATION TO UPDATE OR CORRECT ANY INFORMATION PROVIDED THROUGH THE SERVICES.

8.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICHB.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

9.1.1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ICHB.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

9.1.2. ANY DAMAGES OR LOSSES RESULTING FROM:

(a) THE USE OR INABILITY TO USE THE SERVICES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
(e) ANY CONTENT, DATA, INFORMATION, SOFTWARE, OR MATERIALS OBTAINED THROUGH THE SERVICES;
(f) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
(g) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES;
(h) ANY ERRORS, INACCURACIES, OMISSIONS, OR MISSTATEMENTS IN ANY CONTENT, DATA, INFORMATION, SOFTWARE, OR MATERIALS AVAILABLE THROUGH THE SERVICES;
(i) ANY FAILURE TO PERFORM THE SERVICES DUE TO CIRCUMSTANCES BEYOND ICHB.ORG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE INTERRUPTIONS, OR INTERNET SERVICE PROVIDER FAILURES OR DELAYS.

9.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ICHB.ORG TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

9.3. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ICHB.ORG, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY, ICHB.ORG WOULD NOT BE ABLE TO PROVIDE THE SERVICES.

9.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

10.1. You agree to defend, indemnify, and hold harmless ICHB.ORG, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees and legal costs) arising out of or in connection with:

10.1.1. Your use of and access to the Services;
10.1.2. Your violation of any term of this Agreement;
10.1.3. Your violation of any applicable law, statute, ordinance, or regulation;
10.1.4. Your violation of any third-party right, including but not limited to any intellectual property right, privacy right, or publicity right;
10.1.5. Any User Content or other content or information you submit, post, upload, transmit, or otherwise make available through the Services;
10.1.6. Any claim that any name submitted by you for registration infringes upon the rights of any third party;
10.1.7. Any dispute between you and any other User or third party;
10.1.8. Your negligence or willful misconduct.

10.2. ICHB.ORG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You agree not to settle any such matter without ICHB.ORG’s prior written consent.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. This Agreement and any dispute, controversy, claim, or cause of action arising out of or relating to this Agreement, the Services, or the subject matter hereof (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles.

11.2. Any Dispute that is not resolved informally between the parties shall be resolved exclusively through binding arbitration administered by the Cyprus Arbitration and Mediation Centre (CAMC) in accordance with its applicable rules. The arbitration shall be conducted in English in Nicosia, Cyprus, by a single arbitrator appointed in accordance with the CAMC rules. The decision of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

11.3. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

11.4. You agree that any Dispute must be brought within one (1) year after the date that the claim giving rise to the Dispute first arises, or such claim shall be permanently barred.

11.5. You agree that all Disputes shall be resolved on an individual basis, and you waive any right to participate in a class action, class arbitration, or similar representative proceeding against ICHB.ORG.

11.6. If any provision of this Section 11 is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions of this Section 11 shall remain in full force and effect.

12. MISCELLANEOUS PROVISIONS

12.1. Entire Agreement. This Agreement, together with the Privacy Policy and any other terms, policies, guidelines, or rules expressly incorporated by reference, constitutes the entire and exclusive agreement between you and ICHB.ORG regarding the Services, and supersedes and replaces all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

12.2. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall remain in full force and effect.

12.3. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver is sought. No failure or delay by ICHB.ORG in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

12.4. Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without ICHB.ORG’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent shall be null and void. ICHB.ORG may freely assign or transfer this Agreement, in whole or in part, without notice or consent.

12.5. No Agency, Partnership, or Joint Venture. Nothing in this Agreement shall be construed as creating an agency, partnership, joint venture, employment, or franchise relationship between you and ICHB.ORG. Neither party has the authority to bind the other or to incur any obligation on behalf of the other without the other party’s prior written consent.

12.6. Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

12.7. Force Majeure. ICHB.ORG shall not be liable for any failure or delay in performing its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, service interruptions, or internet service provider failures or delays.

12.8. Notices. Any notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed given: (a) when delivered personally; (b) three (3) business days after being sent by registered or certified mail, postage prepaid, return receipt requested; (c) one (1) business day after being sent by a reputable overnight courier service; or (d) when sent by email, provided that no bounce-back or other indication of non-delivery is received. Notices to ICHB.ORG shall be sent to the contact addresses provided on the official Website. Notices to you may be sent to the email address associated with your account or posted on the Website.

12.9. Interpretation. The headings and titles in this Agreement are for convenience only and shall not affect the interpretation of any provision hereof. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” Unless the context otherwise requires, the singular shall include the plural, and vice versa, and each gender shall include all genders.

12.10. Survival. All provisions of this Agreement which by their nature should survive termination or expiration shall survive, including but not limited to Sections 5 (User Content and Conduct), 6 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law and Dispute Resolution), and 12 (Miscellaneous Provisions).

12.11. ICHB.ORG reserves the right, at its sole and absolute discretion, to modify, amend, update, supplement, or replace any part of this Agreement at any time, with or without prior notice to Users. Any changes to this Agreement shall become effective immediately upon posting of the revised version of the Agreement at the following web address: https://ichb.org/agreement-full/. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. If you do not agree to any modified terms, you must immediately cease using all Services.

Latest update: March 2024

 

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