Last Updated: March 29, 2018
These terms are entered into by and between you and United States Space Foundation (the “Space Foundation,” “we, or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms”), govern your access to and use of SPACEFOUNDATION.ORG, including any content, functionality and services offered on or through SPACEFOUNDATION.ORG (the “Services”). In addition, if you are using a particular Service, you will be subject to any rules or guidelines applicable to such Service, and they will be incorporated by reference within these Terms.
The Services are provided on an “AS IS” basis. You agree that the Space Foundation reserves the right to modify or discontinue provision of the Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The Space Foundation will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.
In order to use the Services, you may be required to register for a user account with the Services; in this case, you agree to provide truthful information when requested, and – if a minimum age is required for eligibility for a user account – you undertake that you are at least the required age. By registering for a user account, you explicitly agree to the Services’ Terms, including any amendments made by the Space Foundation that are published herein.
You are responsible for maintaining the confidentiality of your password and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that the Services may expose you to content that may be objectionable or offensive. The Space Foundation will not be responsible to you in any way for content displayed on the Services, nor for any error or omission.
By using the Services, you explicitly agree that you will not:
(a) provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of the Services provided, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity;
(c) forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(d) collect or harvest any information about other users;
(e) provide, and you will not use the Services to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce;
(f) use the Services to promote or operate any service or content without our prior written consent;
(g) provide any content that may give rise to the Space Foundation being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents or trade secrets.
By providing any content to the Services:
(a) you grant the Space Foundation a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant the Space Foundation the license specified in this section 9;
(c) you acknowledge and agree that the Space Foundation will have the right (but not obligation), at the Space Foundation’s sole discretion, to refuse to publish, to remove or to block access to any content you provide, at any time and for any reason, with or without notice; and
(d) you acknowledge that all such content will be considered non-confidential.
Goods and services of third parties may be advertised and/or may be made available on or through the Services. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Space Foundation will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
You agree to indemnify and hold harmless the Space Foundation and the Space Foundation’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Services, your provision of content, your violation of these Terms, or any other violation by you of the rights of another person or party.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS”, AND THE SPACE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SPACE FOUNDATION MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SPACE FOUNDATION NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SERVICES MAY BE USED SOLELY AT YOUR OWN RISK AND THAT THE SPACE FOUNDATION WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SPACE FOUNDATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SPACE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
The Space Foundation takes claims of copyright infringement seriously. It is the Space Foundation’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of the Space Foundation and/or others. The Space Foundation will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials stored on or accessible through the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to the Company’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
The Company’s designated Copyright Agent to receive DMCA Notices is:
Space Foundation Copyright Agent
Registration Number: DMCA-1025102
4425 Arrowswest Drive
Colorado Springs, CO 80907 USA
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity accessible on or through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in respect of the Services. The use of our rights and property requires our prior written consent. By making services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services without prior written consent.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). By registering for a user account with the Services or otherwise using the Services, you accept that jurisdiction is granted to the courts having jurisdiction over the State of Colorado, and that any disputes will be heard by the said courts.
(i) In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of the Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The Space Foundation may assign its rights and obligations under these Terms; in this event, the Space Foundation will be relieved of any further obligation.
Space Foundation World Headquarters and Discovery Center
4425 Arrowswest Drive
Colorado Springs, CO 80907
USA Attention: Customer Relations