Effective as of April 25, 2014
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”).
(THE “SITE”).
1. Terms of Use (“Terms”)
Welcome to spaceracers.org. By using the spaceracers.org site, you agree to be legally bound by these Terms. If you do not agree to be legally bound by all these Terms, you may not access or use the spaceracers.org site and should exit immediately.
If you are below the age of 13 you will have to get a parent’s or guardian’s permission before you can sign up for any services offered on the site.
2. Introduction
spaceracers.org is controlled and managed by Space Race, LLC. Space Race, LLC is a limited liability company registered in Delaware, USA, with its office at 271 Madison Ave, New York, NY 10016 USA. Space Race, LLC shall have the right to change these Terms of use at any time. Any changes to these Terms shall be effective immediately following the posting of any such changes on the site. Please review these Terms regularly to ensure you are aware of any changes made by Space Race, LLC. Your continued use of the spaceracers.org site after changes are posted means you agree to be legally bound by these Terms as updated and amended.
3. Legal Notice: Ownership and Restrictions
Everything on this site is protected by intellectual property laws and you may not copy any of the text, still or motion video, audio and audiovisual material, artwork, graphics, code and/or software on the site. You may only use downloadable materials for your own personal use.
The following paragraphs set out in legal language the ownership of material on the site, and what you are permitted to do with it.
SPACE RACERS and our stylized logo are trademarks and service marks of Space Race, LLC. The copyright (and any renewals and extensions thereof) and all other rights in related characters and distinctive likenesses thereof, designs, logos, artwork, and literal elements are the property of Space Race, LLC. Any unauthorized use of these marks and copyrights is unlawful. All content on this site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, and downloadables (defined as “Material(s)”) is protected, without limitation, pursuant to US and foreign copyright laws.
The Materials may be used by you only for your personal, noncommercial use as provided in these Terms. They may not be taken out of context or presented in a false, misleading, derogatory, discriminatory or otherwise offensive manner. If you download any Material from this site, the Material, including any images or files included in or generated by the Material and data accompanying the Material is subject to the limited license set out below. You may not distribute, sell or transmit the Material and you are not permitted to alter, modify or adapt it. You may not use any meta tags or any other “hidden text” utilizing the spaceracers.org name or trademarks without the express written consent of Space Race, LLC.
You are granted a personal, limited, non-transferable, non-exclusive license to access the site and use, for noncommercial purposes only, the site and the Material, provided that you do not, and do not allow any third party to, modify or create a derivative work of, reverse engineer, disassemble, or otherwise attempt to discover any source code in software available on spaceracers.org. The grant of this limited license is conditional upon your agreement to and compliance with all of these Terms. Space Race, LLC may revoke this license at any time and in its absolute discretion. Unauthorized or prohibited use of the site or the Material may subject you or the offending party to civil liability and criminal prosecution.
4. Disclaimer
This site is provided for your information and entertainment purposes only. It is provided to you for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. You are responsible for any hardware, systems and/or software you use and any associated fees and expenses to connect to and use this site.
Space Race, LLC is not responsible or liable for any misfortune that befalls any user as a consequence of visiting the site.
We do not guarantee that any information or Materials on the site are complete or accurate, or that the site and its services will be available uninterruptedly, free of errors, or free of viruses, worms, Trojan horses, or bugs.
The site may contain links to third party websites and services, and those of third parties may link to our site. Clicking on a link will redirect you away from our site to a third party site or service, in which case any resulting interactions, communications, purchases or other transactions are strictly between you and such third parties. We are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. We disclaim any liability or responsibility for the statements, actions, products, services, practices, availability or content of these outside resources. Please direct any concerns regarding other sites to their operators.
NEITHER WE NOR ANY OF OUR AFFILIATES OR OUR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS, OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, OUR SITE OR ANY OF THE CONTENT PROVIDED ON THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR LOST DATA, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF US AND THE THIRD PARTIES STATED ABOVE TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. The foregoing is applicable to the fullest extent permissible under applicable law.
5. User Obligations:
You agree to follow all applicable laws and regulations when using the spaceracers.org site. You agree that you shall not:
Upload, post or transmit through or to the site any content that is unlawful, abusive or threatening or might infringe the intellectual property rights, privacy rights, or proprietary rights of others;
Upload, post or transmit through or to the site any viruses, worms, Trojan horses, and any other harmful components;
Disrupt or interfere with or attempt to gain unauthorized access to any area of the site, its computer systems, or networks;
Take any action that imposes an unreasonable or disproportionately large load on the site or on its infrastructure.
Provide false information about yourself to us, impersonate any other person or otherwise attempt to mislead others about your identity or origin of content;
Transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages; or
Collect information about other visitors to the site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses.
You agree to indemnify, defend and hold harmless promptly on demand Space Race, LLC and its subsidiaries and affiliates, along with their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Space Race, LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Space Race, LLC in asserting any available defenses.
6. For Parents
spaceracers.org has been developed to be a safe and fun place for your child to visit when online. As such, Space Race, LLC does not intend to collect any personal information of children below the age of 13 without parental consent. Space Race, LLC only collects limited information which is necessary for the use and enjoyment of spaceracers.org. Should parents wish to access their children’s personal information held by spaceracers.org then they should contact Space Race, LLC at legal@spaceracers.org.
Parents are encouraged to review their children’s email and internet activities to ensure that the Space Racers site is being used in accordance with these Terms.
7. Laws
The site is hosted and operated in the USA and we make no representation that any content or Materials are appropriate for access outside of the USA. Those who choose to access the site from outside the USA do so on their own initiative and are responsible for compliance with local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of New York and the applicable laws of the United States of America. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
If you have any questions regarding these Terms or anything relating to the spaceracers.org site then please contact Space Race, LLC at legal@spaceracers.org