SpaceSpeak Terms of Use Agreement

Thank you for your patronage of the services provided by SpaceSpeak (“the services”). By using the services (including any third party services made available in conjunction with the services), you agree to be bound by the following terms and conditions (the "Terms and Conditions"). SpaceSpeak is a service owned and operated by SpaceSpeak, LLC. (the “Company”)

PLEASE READ THIS “TERMS OF USE” AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THE SERVICES BY USING THE SERVICES, OR BY PURCHASING ANY OTHER PRODUCTS OR SERVICES THROUGH WWW.SPACESPEAK.COM (THE “SITE”), YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE ANY OF THE SERVICES AVAILABLE AND DO NOT PURCHASE ANY PRODUCTS OR OTHER SERVICES THROUGH THE SITE.

Commercial and Non-Commercial Use
The services are made available to you for your commercial or non-commercial subject to normal and reasonable limitations. This means that you may use it at work or at home, or anywhere in fact. However, you must first obtain written permission from SpaceSpeak if you want to sell or offer for free the SpaceSpeak services or software or any information associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the SpaceSpeak services and software.

Furthermore, you may not use the services or software in any manner that could damage, disable, overburden, or impair the SpaceSpeak services. You may NOT, for example, use the SpaceSpeak services or software in an automated manner unless written permission has been granted for this specific usage.

If you have comments on the SpaceSpeak services, or ideas on how to improve it, please send us a message to the 'info' email account at SpaceSpeak.com.

Usage of this service grants us the authority to send periodic emails to registered users with news that we believe will be of interest to a majority of our audience.  Users may opt out of this if they so choose. If the SpaceSpeak service is being used by a sponsor to support their campaign, then any supporters of those campaigns who use the SpaceSpeak service may receive emails from the campaign owners directly.

Promotion And/Or Support of Illegal Activities Is Not Allowed
Campaigns or messages that promote or support or appear to promote or support a violation of United States Law are not allowed. If in our sole discretion we determine a campaign or message is contrary to US Law; or may be contrary to US Law; or promote or support an activity contrary to US Law; we will terminate our association with that campaign - including removal of messages associated with that campaign. This restriction includes but is not limited to promoting or supporting acts of terrorism, or hate groups.

Linking and Use of Trademarks
You may link to the SpaceSpeak home page located at www.spacespeak.com, but are not authorized to link to any other page on the SpaceSpeak Web site without the prior express written consent of the Company. You may not use any of SpaceSpeak’s logos, marks, or other distinctive graphics, video, or audio material in your links without the express permission of the Company. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by SpaceSpeak; 2) cause confusion, mistake, or deception; 3) dilute SpaceSpeak’s trademarks or service marks; or 4) otherwise violate state or federal law without the express permission of the Company.

Intellectual Property
You acknowledge that the Company or third parties own all rights, title and interest in and to the services, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from SpaceSpeak’s Web site or software. You agree not to utilize (including re-use in whole or in part) any data output from any component of the SpaceSpeak software or services for any commercial application involving re-sale of output data. You also agree to not remove, obscure, or alter SpaceSpeak’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the services.

Disclaimer of Warranties
The Company and any third party who makes its services and software disclaim any responsibility for any harm resulting from your use of the services and software. Your messages will be transmitted as radio waves which may travel into space. However, the technology to capture and extract your message from these radio waves is beyond existing earth based technology once they leave the immediate vicinity the Earth. SpaceSpeak cannot predict the capabilities of alien species or of human kind in the future.

YOU UNDERSTAND AND ACCEPT THAT THE SpaceSpeak SERVICE DOES NOT IMPLY ANY RESULTS FROM USE OF THE SERVICE. 

THE SERVICES AND ANY THIRD PARTY SERVICES AND SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SPACESPEAK AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ANY THIRD PARTY WHO MAKES ITS SERVICES AND SOFTWARE DISCLAIM ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE COMPANY ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF SOFTWARE AND SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY THIRD PARTY WHO PROVIDES ITS SERVICES OR MAKES ITS SOFTWARE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SERVICES OR RESULTANT VIOLATION OF AGREEMENTS BETWEEN ANY USER AND ANY OTHER PROVIDER OF SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY AND /OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES AND ALL THIRD PARTY SERVICES AND SOFTWARE MADE AVAILABLE, FROM INABILITY TO USE THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES. SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the conflict of law provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by a representative of the Company.

Termination & Modification
Termination or cancellation of this Agreement shall not affect any right or relief to which the Company may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to the Company. This Agreement and the rights granted hereunder shall remain in full force and effect unless terminated or canceled by the Company.

Your acknowledgement of this Terms of Use Agreement shall convey to any change of control of the Company. This agreement shall convey in full with a change of control.

SpaceSpeak may modify this Agreement from time to time and will post modified version of the Agreement on the Web site. Modified versions of this Agreement shall be effective upon posting by SpaceSpeak. You agree to be bound to any changes to this Agreement by using the services after any such modification is posted. Accordingly, you must review this Agreement regularly to ensure you are updated as to he then-current terms and conditions.