UNIVERSALSPACESYSTEMS.COM
WEB SITE TERMS AND CONDITIONS OF USE
These terms and
conditions of use apply to and govern your use of the UniversalSpaceSystems.com
Web site (the "Site") and services
available thereon. Unless otherwise noted, the Site and services shall
be collectively referred to as the Site). Your use of the Site signifies
your agreement to be bound by these terms and conditions. You agree to
use UniversalSpaceSystems.com 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 Site.
If you do not agree
to be bound by these terms and conditions of use, you may not access or
otherwise use the Site. Before using the Site, please review UniversalSpaceSystems.com's current Privacy
Policy.
License
to Use the Site
UniversalSpaceSystems.com
grants you a non-exclusive, non-transferable, limited right to access,
use and display the Site 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 Site 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
UniversalSpaceSystems.com
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
Site after any changes to these terms and conditions of use are posted
will be considered acceptance of those changes.
Ownership;
Restrictions
UniversalSpaceSystems.com
owns, controls, licenses or has the right to use and provide the Site
and all material on the Site, 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. UniversalSpaceSystems.com
is the owner of the copyright in the entire Site. UniversalSpaceSystems.com
owns a copyright in the selection, coordination,
arrangement and enhancement of the Site. You agree to abide by any and
all copyright notices, information or restrictions displayed on the
Site.
You may not modify,
create derivative works from, participate in the transfer or sale of,
post on the World Wide Web (WWW or Internet), or in any way exploit the
Site or any portion thereof for any public or commercial use without the
express written permission of UniversalSpaceSystems.com. You acknowledge that
you do not acquire any ownership rights by copying or downloading
copyrighted material. You are responsible for complying with all
applicable laws, rules and regulations regarding your use of any such
copied/downloaded Site Material. In the event of any permitted copying,
redistribution or publication of material from the Site, no changes in
or deletion of author attribution, trademark, legend or copyright notice
shall be made.
Copyright
and Trademark Law
All
editorial content and graphics on this site are protected by U.S.
copyright and international treaties and may not be copied or re-used
without the express written permission of UniversalSpaceSystems.com,
which reserves all rights. UniversalSpaceSystems.com
respects the intellectual property of others, and we ask our users to do
the same. UniversalSpaceSystems.com
may, in
appropriate circumstances and at its discretion, terminate the access of
users and subscribers who infringe the copyright rights of others.
If
you believe that your work has been copied and is accessible on the UniversalSpaceSystems.com
service in a
way that constitutes copyright infringement, or that UniversalSpaceSystems.com
contains links
or other references to another online location that contains material or
activity that infringes your copyright rights, you may notify us via
E-mail by providing the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec 512, to the Webmaster listed at the bottom
of every Web page of this Site.
All
trademarks and service marks that are owned by UniversalSpaceSystems.com
may not be used without the permission of UniversalSpaceSystems.com,
all rights reserved. Any other marks appearing on this web site are the
property of their respective owners and cannot be used without
permission.
If
you would like to ask us to consider your request to use any of the
content contained on this Web site, you must contact us on-line via the
Webmaster E-mail address located at the bottom of every Web page of UniversalSpaceSystems.com.
Disclaimer
of Warranties and Damages; Limitation of Liability
UNIVERSALSPACESYSTEMS.COM
PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEB SITE
"AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT WE
SHALL NOT BE RESPONSIBLE FOR ANY DOWNLOADING OF MATERIALS FOUND HERE AND
THAT IT IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL
EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY
DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. UNIVERSALSPACESYSTEMS.COM
DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEB SITE WILL BE
TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEB SITE OR ITS
SERVERS WILL BE FREE OF VIRUSES.
UNIVERSALSPACESYSTEMS.COM
AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE
LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO UNIVERSALSPACESYSTEMS.COM'S
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 THE SITE.
UNDER NO
CIRCUMSTANCES SHALL UNIVERSALSPACESYSTEMS.COM,
ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, ITS SUBSIDIARIES,
AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
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.
Change
to Site
UniversalSpaceSystems.com
shall have the right for any reason, in its sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site,
including but not limited to the Site Material, Services features, or
hours of availability. UniversalSpaceSystems.com may also impose limits on
certain features and services or restrict your access to parts or all of
the Site without notice or liability.
Acceptable
Use Policy
By sending
information, data, text, music, sound, photographs, graphics, video,
messages or other materials ("Communications") on or through
the Site, you agree that you are the sole responsible person from which
such Communications originate. This means that you, and not UniversalSpaceSystems.com, are entirely responsible for the accuracy,
completeness and ownership of all Communications that you upload, E-mail
or otherwise transmit via the Web site.
By using the Site,
you agree that you:
·
Will
only use this Site for lawful purposes in accordance with our terms and
conditions,
·
Agree
with our 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 Site 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 Site to:
·
Upload,
E-mail 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 sexual acts (including
but not limited to sexual 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,
E-mail or otherwise transmit any Communication that victimizes,
harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, national
origin, ethnicity, age, or disability;
·
Harm
minors in any way;
·
Impersonate
any person or entity, including, but not limited to, a UniversalSpaceSystems.com
official, 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 Site;
·
Upload,
E-mail 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,
E-mail or otherwise transmit any Communication that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
·
Upload,
E-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation.
·
Upload,
E-mail 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 Site 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 Site or servers or networks connected to the Site,
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 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 UniversalSpaceSystems.com 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 UniversalSpaceSystems.com, its users and the public.
You understand that
the technical processing and transmission of the Site, 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. UniversalSpaceSystems.com assumes no
responsibility for the deletion or failure to store information
submitted by you to UniversalSpaceSystems.com.
Any Communication
on the Site may be purged periodically in UniversalSpaceSystems.com's sole
discretion. You acknowledge and agree that any Communication you view 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 Site. You further acknowledge and agree that the views
expressed by you and other users do not necessarily reflect the views of
UniversalSpaceSystems.com, and UniversalSpaceSystems.com does not support or endorse
any content or views by you or any user.
Monitoring,
Editing and Disclosure of Communications
You agree that UniversalSpaceSystems.com
has the right, but not the obligation, to monitor
Communications 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 UniversalSpaceSystems.com may establish
from time to time. Notwithstanding this right of UniversalSpaceSystems.com,
UniversalSpaceSystems.com does not and cannot review all Communications, and
is not responsible for any Communications. UniversalSpaceSystems.com reserves
the right at all times to edit, disclose, refuse to release, or remove
any Communication as may be necessary to comply with any law, regulation
or government or agency request or if, in UniversalSpaceSystems.com 's sole
discretion, such Communication is objectionable or in violation of these
terms and conditions of use. (Note: Also review UniversalSpaceSystems.com's
current Privacy
Policy.)
UniversalSpaceSystems.com’s
Rights to Materials Provided by Users
UniversalSpaceSystems.com
welcomes your comments regarding the Site. However, any or all material
and information provided by you to the Site may be included in a
database owned by UniversalSpaceSystems.com 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 Site to the fullest extent permitted by law.
You grant to UniversalSpaceSystems.com
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 provide on or through
the Site, 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 UniversalSpaceSystems.com 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 UniversalSpaceSystems.com
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 UniversalSpaceSystems.com
is under no obligations to use any material or ideas
submitted by you in any communications in any way whatsoever. (Note:
Also review UniversalSpaceSystems.com's current Privacy
Policy.)
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 UniversalSpaceSystems.com or the Site, no
confidential, fiduciary, contractually implied or other relationship is
created between you and UniversalSpaceSystems.com or any UniversalSpaceSystems.com
affiliate or subsidiary other than pursuant to these terms and
conditions of use. UniversalSpaceSystems.com shall not be responsible for the
payment of any monies to any party in connection with UniversalSpaceSystems.com's use of Communications submitted by you to the
Site.
Indemnification
You shall
indemnify, defend and hold harmless UniversalSpaceSystems.com, 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 Site,
including but not limited to, any Communications attributable to you. UniversalSpaceSystems.com
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 UniversalSpaceSystems.com.
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 Site, links to and from any Linked Site do not constitute an
endorsement by, or association with, UniversalSpaceSystems.com or any of its
subsidiaries and affiliates of any third party resources or their
contents. Links do not imply that UniversalSpaceSystems.com or the Site
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 UniversalSpaceSystems.com
or any of its affiliates. You should direct any
concerns regarding any Linked Site to such Linked Site's site
administrator or Webmaster. UniversalSpaceSystems.com 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
UniversalSpaceSystems.com web site, you may need a username
and password, which you will receive through a "Registration #
Validation" 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. UniversalSpaceSystems.com cannot
and will not be liable for any loss or damage arising from your failure
to protect your password or account information.
Non-United
States Residents
UniversalSpaceSystems.com
makes no representation that the Site 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 Delaware, 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 the State of
Delaware 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.
Contact
Us
If you have any
questions regarding these terms and conditions or the Site in general,
please contact us on-line via the Webmaster E-mail address located at
the bottom of every Web page of UniversalSpaceSystems.com.
Copyright
© 2005 UniversalSpaceSystems.com