Terms of Service and User Agreement

Last Updated: October 24, 2024

1. Definitions and Interpretation

1.1. "Stackgazer," "we," "us," or "our" refers to the Stackgazer publication and its operators. 1.2. "Content" includes but is not limited to articles, posts, code samples, diagrams, analysis, comments, and any other materials published through our service. 1.3. "Service" means the Stackgazer newsletter, blog, and all associated services provided through Substack's platform. 1.4. "User," "you," or "your" refers to any individual or entity accessing or using our Service. 1.5. "Subscriber" means any User who has paid for premium access to our Content.

2. Acceptance of Terms

2.1. By accessing, viewing, or using any part of our Service, you expressly agree to and consent to be bound by: a) These Terms of Service b) Our Privacy Policy c) Substack's Terms of Use and Privacy Policy d) Any additional terms or policies referenced herein or made available through our Service

2.2. If you do not agree to any part of these terms, you must immediately discontinue use of our Service.

2.3. Material Changes: We reserve the right to modify these terms at any time. Changes become effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of those changes. We will notify subscribers of material changes via: a) Email notification b) Notice on our Substack page c) Update to the "Last Updated" date above

3. Intellectual Property Rights and Content Usage

3.1. Ownership and Reservations a) All Content is owned by or licensed to Stackgazer and is protected by copyright, trademark, and other intellectual property laws b) We reserve all rights not expressly granted in these Terms

3.2. Limited License to Users You are granted a limited, non-exclusive, non-transferable, and revocable license to: a) Access and view our Content for personal, non-commercial use b) Share unmodified links to our Content c) Use code samples as specified in Section 3.3

3.3. Code Samples and Technical Content a) Unless explicitly stated otherwise, code samples are provided under the MIT License b) The MIT License grants you permission to: - Use the code in commercial and non-commercial projects - Modify the code - Distribute the code c) Requirements when using code samples: - Maintain all copyright and license notices - Include the full MIT License text - Provide attribution to Stackgazer d) No warranty is provided for any code samples e) We are not liable for any damages or issues arising from code sample use

3.4. Prohibited Uses You may not: a) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service b) Use any Content for commercial purposes without explicit written permission c) Create derivative works based on our Content d) Remove any copyright, trademark, or other proprietary notices e) Frame or mirror any portion of the Service f) Access the Service through automated means g) Reverse engineer any aspect of the Service h) Use the Service to build a competitive product i) Share paid Content with non-subscribers

4. User Registration and Account Security

4.1. Account Creation a) You must provide accurate, current, and complete information b) You are responsible for maintaining the confidentiality of your account c) You must notify us immediately of any unauthorized access

4.2. Account Termination We reserve the right to: a) Suspend or terminate accounts b) Remove or edit Content c) Cancel subscriptions for violations of these Terms

5. Subscription Terms and Payment

5.1. Subscription Options a) Free subscription: Limited access to Content b) Paid subscription: Full access to all Content c) Enterprise subscription: Subject to separate agreement

5.2. Payment Terms a) All payments are processed through Substack b) Prices are subject to change with 30 days notice c) No refunds for partial subscription periods d) Automatic renewal unless cancelled e) Currency conversion fees may apply

5.3. Cancellation a) Cancel anytime through your Substack account b) Access continues until the end of billing period c) No refunds for unused portions d) We reserve the right to cancel subscriptions for Terms violations

6. Technical Content Disclaimer and Limitations

6.1. No Warranties All Content is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to: a) Accuracy or completeness b) Fitness for a particular purpose c) Non-infringement d) Availability or continuity of service e) Security or error-free operation

6.2. Technical Information a) Content is for informational purposes only b) No guarantee of results or outcomes c) You assume all risk for implementation d) Always test thoroughly in non-production environments e) Verify information independently

6.3. Code Samples and Implementation a) No warranty for code functionality b) No guarantee of security c) No promise of maintenance or updates d) You are responsible for testing and validation e) You assume all risk for production use

7. Limitation of Liability and Indemnification

7.1. Limitation of Liability To the maximum extent permitted by law, Stackgazer shall not be liable for: a) Direct damages b) Indirect damages c) Incidental damages d) Special damages e) Consequential damages f) Punitive damages g) Lost profits or revenue h) Lost or corrupted data i) Business interruption j) Personal injury k) Property damage

7.2. Indemnification You agree to indemnify, defend, and hold harmless Stackgazer and its operators from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from: a) Your use of the Service b) Your violation of these Terms c) Your violation of any rights of another d) Your implementation of code samples e) Your reliance on our Content

8. Dispute Resolution

8.1. Governing Law These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

8.2. Arbitration a) Any dispute shall be resolved through binding arbitration b) Arbitration will be conducted in [Jurisdiction] c) The arbitration will be confidential d) The arbitrator's decision shall be final e) You waive any right to participate in class actions

8.3. Exception to Arbitration Nothing in this section prevents us from seeking injunctive or other equitable relief.

9. General Provisions

9.1. Entire Agreement These Terms constitute the entire agreement between you and Stackgazer regarding the Service.

9.2. Severability If any provision is found unenforceable, the remaining provisions remain in full force and effect.

9.3. No Waiver No waiver of any term shall be deemed a further or continuing waiver.

9.4. Assignment a) We may assign our rights and obligations b) You may not assign your rights or obligations c) Any attempted assignment by you is void

9.5. Force Majeure We are not liable for any failure due to circumstances beyond our reasonable control.

10. Contact Information

10.1. Legal Notices must be in writing and sent to: 8 The Green, Ste 12319, Dover, DE - 19901, United States of America.

10.2. General inquiries: Email: [stackgazer@gmail.com]

11. Survival

The following sections survive termination of these Terms: Intellectual Property Rights, Technical Content Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, and any other provision that by its nature should survive termination.

By using Stackgazer, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are agreeing to these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.