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Spacearium Website Conditions of
Use
Your use of the Spacearium website
signifies your agreement to be bound by these terms and
conditions. You agree to use Spacearium in a manner
consistent with all applicable laws and regulations and in
accordance with the terms and conditions set out in the
policies and guidelines outlined below and otherwise set forth
on the Spacearium website.
If you do not agree to be bound by these terms
and conditions of use, you may not access or otherwise use the
Spacearium website. Before using the Spacearium website, please review Spacearium' privacy
policy.
License to Use the Spacearium
website
Spacearium grants you a non-exclusive,
non-transferable, limited right to access, use and display the
Spacearium website and the materials thereon and use
the Services for your personal use only, provided that you
comply fully with these terms and conditions of use. You shall
not interfere or attempt to interfere with the operation of
the Spacearium website or Services in any way through
any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or the
means expressly prohibited by any provision of these terms and
conditions of use.
Changes to Terms and Conditions
Spacearium reserves the right, at its
sole discretion, to change, modify, add or remove any portion
of these terms and conditions of use, in whole or in part, at
any time. Changes in these terms and conditions of use will be
effective when posted. You agree to review these terms and
conditions of use periodically to be aware of any changes.
Your continued use of the Spacearium website after any
changes to these terms and conditions of use are posted will
be considered acceptance of those changes.
Ownership & Restrictions
Spacearium owns, controls, licenses or
has the right to use and provide the Spacearium
website and all material on the Spacearium website,
including without limitation text, images, articles,
photographs, illustrations, audio and video clips,
(collectively the "Site Material"). The Site is protected by
copyright as a collective work and/or compilation, pursuant to
U.S. copyright laws, international conventions, and other
copyright laws. Spacearium is the owner of the
copyright in the entire Site. Spacearium owns a
copyright in the selection, coordination, arrangement and
enhancement of the Spacearium website. You agree to
abide by any and all copyright notices, information or
restrictions displayed on the Spacearium website.
You may not modify, create derivative works
from, participate in the transfer or sale of, post on the
World Wide Web, or in any way exploit the Spacearium
website or any portion thereof for any public or commercial
use without the express written permission of Spacearium. You may download one (1) copy of Site Material for
your personal use, provided that you maintain all copyright,
attribution and other notices contained in such Site Material,
including without limitation trademarks and service marks of
Spacearium and its affiliates or the copyright holder
identified in the individual Site Material's copyright notice.
You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material. You are responsible for
complying with all applicable laws, rules and regulations
regarding your use of any such downloaded Site Material. In
the event of any permitted copying, redistribution or
publication of material from the Spacearium website,
no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be made.
Change to Site
Spacearium shall have the right for any
reason, in its sole discretion, to terminate, change, suspend
or discontinue any aspect of the Spacearium website,
including but not limited to the Spacearium website
Material, Services features, or hours of availability.
Spacearium may also impose limits on certain features
and services or restrict your access to parts or all of the
Spacearium website without notice or liability.
Acceptable Use Policy
By using the Spacearium website, you
agree that you:
- Will only use this Site for lawful purposes in
accordance with our terms and conditions,
- Agree with our Internet Privacy Policy.
- Agree to honor our intellectual property rights.
- Agree to provide us with accurate information as
necessary to the proper conduct of registration and
electronic commerce through the Spacearium website
and to take responsibility for the information you provide.
- Acknowledge that we may be unable to process and shall
have no responsibility to process transactions the accuracy
of which we cannot validate.
Without limitation of the foregoing, you agree
to not use the Spacearium website to:
- Upload, post, email or otherwise transmit any
communication that is unlawful, harmful, threatening,
embarrassing, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, deceptive, fraudulent, contains
explicit or graphic descriptions or accounts of *such language*ual acts
(including but not limited to *such language*ual language of a violent
or threatening nature directed at another individual or
group of individuals), invasive of another's privacy, or
hateful;
- "Stalk" another;
- Upload, post, email or otherwise transmit any
Communication that victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the
basis of religion, gender, *such language*ual orientation, race,
national origin, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not
limited to, a Spacearium official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Communication
transmitted on or through the Spacearium website;
- Upload, post, email or otherwise transmit any
Communication that you do not have a right to transmit under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any
Communication that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,", "pyramid
schemes," or any other form of solicitation, except in those
areas which may be designated for such purpose, provided
that even in those areas where advertising and promotional
materials may be allowed, you shall not upload, post, email
or otherwise transmit "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- Upload, post, email or otherwise transmit any material
that contains software viruses or any computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment or any other similarly
destructive activity;
- Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Spacearium
website are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real
time exchanges;
- Interfere with or disrupt the Spacearium website
or servers or networks connected to the Spacearium
website, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law.
You also agree that you will not harvest,
collect or store information about the users of this Site or
communications posted by others on the Spacearium
website or use such information for any purpose inconsistent
with the purpose of this Site or for, among other things, the
purpose of transmitting or facilitating transmission of
unsolicited bulk electronic mail or communications.
You acknowledge and agree that Spacearium may preserve Communications and may also disclose
Communications if required to do so by law or in the good
faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce these terms and conditions; (c) respond to claims that
any Communication violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Spacearium, its users and the public.
You understand that the technical processing and
transmission of the Spacearium website, including the
display of Communications, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Spacearium assumes no responsibility for the deletion
or failure to store postings or other information submitted by
you or other users to Spacearium.
Any Communication on the Spacearium
website may be purged periodically in Spacearium's
sole discretion. You acknowledge and agree that any
Communication you view or post is at your own discretion and
risk, including any reliance on the accuracy, completeness, or
usefulness of such Communication. In this regard, you
acknowledge that you may not rely on any Site Material or
other content appearing on the Spacearium website. You
further acknowledge and agree that the views expressed by you
and other users do not necessarily reflect the views of
Spacearium, and Spacearium does not support or
endorse any content or views posted by you or any user.
Monitoring, Editing and Disclosure of
Communications
You agree that Spacearium has the right,
but not the obligation, to monitor Communications posted by
you or others at any time for any reason in its sole
discretion to determine compliance with these terms and
conditions of use and any other operating rules that Spacearium may establish from time to time. Notwithstanding
this right of Spacearium, Spacearium does not
and cannot review all Communications, and Spacearium
is not responsible for any Communications. Spacearium
reserves the right at all times to edit, disclose, refuse to
post, request removal of or remove any Communication as may be
necessary to comply with any law, regulation or government or
agency request or if, in Spacearium's sole discretion,
such Communication is objectionable or in violation of these
terms and conditions of use.
Spacearium's Rights to Materials
Provided by Users
Spacearium welcomes your comments
regarding the Spacearium website. However, any or all
material and information provided by you to the Spacearium website may be included in a database owned by
Spacearium and its subsidiaries and affiliates in
which we have rights and interest, including but not limited
to, the compilation copyright. We reserve the right to use any
information or materials you provide to us or that we obtain
through your use of the Spacearium website to the
fullest extent permitted by law.
You grant to Spacearium a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use (including use for promotional and
advertising purposes), copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit any communications that you
post on or through the Spacearium website, and any
ideas or original materials contained in such communications,
in all media now known or hereafter developed. This grant
shall include the right to exploit any and all proprietary
rights in such communications including, without limitation,
any and all rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. You waive all
rights you may have to inspect and/or approve of any use by
Spacearium of any material or idea submitted by you in
any communications, or receive any compensation for such use.
You waive all rights to any claim against Spacearium
for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such communications.
You agree and understand that Spacearium is under no
obligations to use any material or ideas submitted by you in
any communications in any way whatsoever.
No Responsibility for Transmitted
Material
You acknowledge that transmissions to and from
this Site are not confidential and your Communications may be
read or intercepted by others. You acknowledge that by
submitting Communications to Spacearium or the
Spacearium website, no confidential, fiduciary,
contractually implied or other relationship is created between
you and Spacearium or any Spacearium affiliate
or subsidiary other than pursuant to these terms and
conditions of use. Spacearium shall not be responsible
for the payment of any monies to any party in connection with
Spacearium's use of Communications submitted by you to
the Spacearium website.
Indemnification
You shall indemnify, defend and hold harmless
Spacearium, and all its officers, directors, owners,
agents, employees, Site Material providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all losses, damages,
liabilities, and claims and all fees, costs, expenses, of any
kind related thereto (including, without limitation,
reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of, based
upon or resulting from your use of the Spacearium
website, including but not limited to, any Communications
attributable to you. Spacearium reserves the right, at
its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without the
written consent of Spacearium.
Links to Other Web Sites
The Site may contain links and pointers to the
other World Wide Web Internet sites and resources (the "Linked
Sites"). Unless otherwise noted on the Spacearium
website, links to and from any Linked Site do not constitute
an endorsement by or association with Spacearium or
any of its subsidiaries and affiliates of any third party
resources or their contents. Links do not imply that Spacearium or the Spacearium website sponsors are
affiliated or associated with or are legally authorized to use
any trademark, tradename, logo or copyright symbol displayed
in or accessible through the links, or that any Linked Sites
are authorized to use any trademark, tradename, logo or
copyright symbol of Spacearium or any of its
affiliates. You should direct any concerns regarding any
Linked Site to such Linked Site's site administrator or
webmaster. Spacearium does not represent or endorse
the accuracy or reliability of, and expressly disclaims, any
advice, opinion, statement, or other information displayed or
distributed through any Linked Site. You acknowledge that any
reliance upon any opinion, advice, or information displayed on
or otherwise available through any Linked Site shall be at
your sole risk.
Passwords
To use certain features of the Spacearium web site,
you may need a username and password, which you will receive
through the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities
that occur under your password or account. You agree to notify
us immediately of any unauthorized use of your password or
account or any other breach of security, and to ensure that
you exit from your account at the end of each session.
Spacearium cannot and will not be liable for any loss
or damage arising from your failure to protect your password
or account information.
Copyrights and Trademarks
All editorial content and graphics on this site
are protected by U.S. copyright and international treaties by
Spacearium, or other copyright holder, unless
specifically noted otherwise. content may not be copied or
re-used without the express written permission of Spacearium or respective copyright holder who reserves all
rights. Permission to reuse content may be requested by
sending an email to ares@spacey.net. Pursuant to
"fair use", persons may download exactly one copy for
personal, non-commercial use, and must maintain the copyright
and proprietary notices. Alteration, redistribution, or other
such use is strictly prohibited unless otherwise noted.
If you are the creator or copyright holder of content that
is being used on Spaceariumindustries.com and you
think your work is being used without permission, please refer
to the Copyright Complaint section of the Spaceariumindustries.com
Terms of Service.
SpaceariumIndustries.com, Spacearium and the Spacearium logo are
trademarks owned by Spacearium. Any other marks
appearing on this web site are the property of their
respective owners and cannot be used without permission.
Copyright Complaints
Spacearium respects the intellectual
property of others, and we ask our users to do the same.
Spacearium may, in appropriate circumstances and at
its discretion, terminate the access of users, subscribers and
account holders who infringe the copyright rights of others.
Disclaimer of Warranties and Damages;
Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SERVICES,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Spacearium DOES NOT WARRANT THAT
THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; NOR DOES Spacearium WARRANT OR
REPRESENT THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT
THEREOF, THE MATERIALS, USED ON OR ACCESSED THROUGH THE SITE,
ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
Spacearium AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO
WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE ares_OF THE SITE,
INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO Spacearium' NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR
INAPPROPRIATE BY INDIVIDUAL USERS AND EACH USER MUST EXERCISE
HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS
TO USE ares_THE SITE. UNDER NO CIRCUMSTANCES SHALL SPACEARIUM, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE ares_OF, OR THE
INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE
SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR
ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR
AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Non-United States Residents
Spacearium makes no representation that
the Spacearium website is appropriate or available for
use in locations other than the United States. Those who
choose to access this Site from locations outside of the U.S.
do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the
extent local laws are applicable. With respect to shipments of
merchandise to consumers, wherever they may reside, title to
the merchandise shall pass to the buyer upon delivery of the
merchandise to the common carrier.
General Provisions>
These terms and conditions of use shall be
governed by and construed in accordance with the laws of the
State of Florida, without regard to conflicts of laws
provisions. The sole and exclusive jurisdiction for any action
or proceeding arising out of or related to these terms and
conditions of use shall be an appropriate State or Federal
court located in Brevard County in the State of Florida and
you hereby irrevocably consent to the jurisdiction of such
courts. If for any reason a court of competent jurisdiction
finds any provision of these terms and conditions of use, or
portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the
intent of these terms and conditions of use, and the remainder
of these terms and conditions of use shall continue in full
force and effect. The section headings used herein are for
convenience only and shall not be given any legal import.
Termination
Spacearium may cancel or terminate your
right to access this website in whole or in part at any time
without notice. In the event of termination, you are no longer
authorized to access the portion of the website affected by
such termination. The restrictions imposed on you with respect
to material downloaded from the website, and the disclaimers
and limitations of liabilities set forth in the Terms of
Service, shall remain in full effect. You have the right to
know the reason for such termination. In the event that such
termination affects all users, an explanation will be placed
on the website's homepage. If the termination affects only a
select group of users, those users may request an explanation
from Spacearium, which will be provided upon request.
Response to such request shall not imply or effect a
resumption of the terminated service and Spacearium
shall be under no obligation to resume said service.
Contact Us
If you have any questions regarding these terms
and conditions or the Spacearium website in general,
please contact us at:
ares@spacey.net
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