TERMS AND CONDITIONS
Welcome to the website of Space Perspective located at www.thespaceperspective.com (“Website”) owned by Space Perspective, Inc., a corporation organized under the laws of Deleware. In addition to the content on the website and the services provided by Space Perspective through the Website (“Services”), the Website provides you with various opportunities to submit content.
BY USING OUR WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
Copyright and Ownership and Use.
All elements of the Website, including without limitation the general design and the Content, and the Services are protected by trade dress, copyright, moral rights, trademark, patent and other laws relating to intellectual property rights. The Services, the Content and the Website may be used only for the intended purpose for which the same are being made available. All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Space Perspective, or its licensors, vendors, agents and/or its contributors, including participants in our education programs. Content providers (partner organizations or individuals) retain ownership of their content. Space Perspective makes no claim of ownership or claim to the veracity of the content provided by others. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational and noncommercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
All trademarks, service marks and trade names of Space Perspective used herein (including, but not limited to, the Space Perspective name, the Space Perspective logo are (collectively “Marks”) are trademarks or registered trademarks of Space Perspective. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Space Perspective trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Space Perspective’s prior written consent. The use of Space Perspective trademarks on any other Website or network computer environment is not allowed. Space Perspective prohibits the use of Space Perspective trademarks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance.
Inappropriate Materials and Submissions.
You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. Space Perspective will reject any submissions or postings in which Space Perspective believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Space Perspective reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Website. You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Framing this Website.
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Space Perspective. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other Website, nor any products or services that you buy from that Website or any donations made through that Website. We do not endorse, guarantee or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the products or services that you may obtain from using any other Websites or how any donations you make through such Websites will be used. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.
Account Registration and Security.
You understand that you may need to create an account to have access to all of the parts of the Website or to participate in any program of Space Perspective. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Space Perspective has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Space Perspective has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information. Furthermore, by creating an account on the Website, you agree that we may periodically communicate with you, using the contact information you included in the Registration Data, in connection with your proposed or continued participation in our programs we may have or institute from time to time. This communication may include, without limitation, (i) giving you notices of and invitations to attend and/or present at conferences and meetings and (ii) soliciting feedback regarding and discussing with you our goals, current and proposed programs, program materials, testimonials, partners, sponsors, advisors and other subjects relevant to us. You may revoke the permission granted by the foregoing at any time by notifying us in writing at [email protected].
Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.
Neither Space Perspective nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. SPACE PERSPECTIVE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND SPACE PERSPECTIVE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY.
Space Perspective does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. IN NO EVENT WILL SPACE PERSPECTIVE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, VOLUNTEERS, AGENTS, SUCCESSORS, AFFILIATES OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SPACE PERSPECTIVE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL SPACE PERSPECTIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
You agree to defend, indemnify and hold Space Perspective harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to Space Perspective; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Website, including Space Perspective, you release Space Perspective (and our officers, directors, agents, subsidiaries, joint ventures, volunteers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of Florida. You consent to the exclusive jurisdiction of the state and federal courts located in the City of Melbourne, in the State of Florida. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned bySpace Persole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 8 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), and 13 (Release) shall survive any termination or expiration of these Terms and Conditions.
These Terms and Conditions are the entire agreement between the user and Space Perspective relating to the subject matter thereof and supersede any prior understandings or agreements (written or oral).
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us.
All Website design, content, graphics, text selections, arrangements and all software are Copyright 2019-2020 All Rights Reserved.