Terms of Service
Effective: April 17, 2018
3. Age Requirements
Our digital platform is not intended for children under the age of 13. If you are under the age of 13 then you must obtain permission from your parent or legal guardian before you login to our digital platform using an existing social media account (Instagram, Facebook, etc.), post a comment, or create a new user account. Please note that we do not actively solicit information from children.
4. Visitor Content
YOUR REPRESENTATIONS AND WARRANTIES
As our digital platform evolves visitors will be able to post comments that may be visible to other visitors. You agree that you are solely responsible for the content you post to our digital platform and space-ship will not have any liability for such content. When you post content, you are representing and warranting that (a) you own or have the necessary licenses, rights, consents and permissions to use, and authorize space-ship to use, such content, and (b) the posting or such content on or through space-ship.org or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. space-ship does not endorse any visitor content or any opinion, recommendation or advice expressed therein and expressly disclaims all responsibility or liability in connection with such visitor content.
You agree to use space-ship.org in a manner that is consistent with all applicable laws, rules and regulations. The following activities are expressly prohibited and you hereby agree not to: (a) hack, (b) spam, (c) send internet viruses, worms or Trojan Horses, (d) stalk, harass or bully, (e) transmit or otherwise make available any content that is unlawful, defamatory, libelous, threatening, harassing, abusive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or would be considered “cyber bullying”, (f) engage in any unauthorized advertising or commercial solicitation of third parties, (g) expressly or implicitly state that any content you post is endorsed by space-ship, without our prior written consent, (h) post any copyrighted material, trademarks, service marks, or other proprietary information without the owner’s prior written consent, or (i) post any falsehoods or misrepresentations that could damage space-ship or any third party in any way.
RESERVATION OF RIGHTS
5. Intellectual Property
Many of the names, titles, trademarks, service marks, and logos that appear on our digital platform are registered and unregistered marks of space-ship, including but not limited to “space-ship” and “space-ship inc.” (collectively, the “space-ship trademarks”). The trademarks of third parties may also appear on our digital platform from time to time. Nothing contained on our digital platform should be construed as granting, expressly or implicitly, by estoppel or otherwise, any right or license to use the space-ship trademarks or any other trademarks displayed on our digital platform without the prior written consent of space-ship or the applicable third party trademark owner.
The images, artwork, illustrations, designs, text, audio clips, video clips, and other data that appear on space-ship.org, as well as the collection, arrangement and assembly of these items, are either proprietary to space-ship or are used in accordance with applicable law or third-party consent. You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivate works of, or otherwise use any of the content that appears on space-ship.org without the prior written consent of space-ship or the applicable copyright owner.
FILING A DMCA NOTICE TO REMOVE COPYRIGHTED CONTENT
space-ship will promptly remove content from our digital platform that infringes on a third party’s copyright if properly notified of such infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with a written notice that contains the following information: (a) your name, address, telephone number, and e-mail address, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where on space-ship.org such work can be found (e.g. the specific URL), (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law, (e) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner of such work or are authorized to act on the copyright owner’s behalf, and (f) your electronic or physical signature.
FILING A DMCA COUNTER-NOTICE TO RESTORE REMOVED CONTENT
If you believe that your content has been removed by mistake or misidentification, you should provide us with a written counter-notice that contains the following information: (a) your name, address, telephone number, and e-mail address, (b) a description of the copyrighted work that was removed, (c) a description of where on space-ship.org such work could previously be found (e.g. the specific URL), (d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and any judicial district in which space-ship may be found (which includes the United States District Court for the District of New York) and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person, and (e) your electronic or physical signature.
WARNING ABOUT DMCA NOTICES AND COUNTER-NOTICES
Under Section 512(f) of the Copyright Act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
When filing a DMCA notice or counter-notice you should make sure that you have complied with all of the above requirements and that all of the information you provide is accurate. If we request additional information necessary to complete your DMCA notice or counter-notice complete, you should provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notice may not be processed further. space-ship reserves the right to disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the visitors who have posted the alleged infringing material. If you have questions about the legal requirements of a DMCA notice or counter-notice you should contact your attorney.
7. Warranty Disclaimer
Our digital platform and all of the content provided by or through our digital platform is on an “as is” basis, without warranties of any kind, express or implicit, including but not limited to implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. space-ship does not make any warranty or representation that (a) space-ship.org will provide continuous, prompt, secure, or error-free service, (b) space-ship.org is free of viruses or other harmful components, or (c) space-ship will always be available for your use. space-ship assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of our digital platform. space-ship assumes no responsibility and shall not be liable for any damage to your computer equipment, data or other property from your use of our digital platform, whether due to a computer virus or otherwise. The foregoing limitations shall not apply to the extent prohibited by applicable law.
8. Limitation of Liability
Neither space-ship nor any of its affiliates, directors, officers, sponsors, collaborators, employees, agents or representatives shall have any liability for any damages, whether under contract, tort, strict liability, negligence or any other legal theory, including but not limited to any lost profits, direct, indirect, incidental, compensatory, punitive, special or consequential damages of any kind whatsoever (even if we have been advised of the possibility of such damages) arising from or related to your use of our digital platform, the content on our digital platform, or the content you post, notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to the extent prohibited by applicable law.
9. Severance and Waiver
10. Governing Law
11. Entire Agreement
12. Contact Information
984 Main St,
Branford, CT 06405
Effective: April 17, 2018
1. Information provided by you
If you would like to submit your work to be showcased on our digital platform, then you will need to provide us with certain personal information about yourself, including your name, your e-mail address, and a link to a digital site with your work (website, Instagram, online portfolio, etc.) If your work is chosen to be showcased on our digital platform then we may ask you to provide certain other personal information about yourself, such as your geographic location, age, background, inspirations, etc.
As our digital platform evolves visitors will be able to login using their existing social media accounts (Instagram, Facebook, etc.), post comments, and create new user accounts. When you create a new account or post a comment we will ask you to provide certain personal information about yourself, such as your name, handle, age, and geographic location. If you login using your existing social media account then we may receive certain personal information about you that’s visible on your public profile, such as your handle, profile picture, age, geographic location, etc. If you don’t want us to receive personal information about you from your social media accounts then you should not use your social media accounts to login to our digital platform.
CREDIT CARD INFORMATION
As our digital platform evolves we may choose to sell merchandise directly through our digital platform. If we do this, we will use a reputable third party service provider to process your credit card transactions. We will not share, rent, or sell your credit card information to any third parties.
2. Tracking technologies
In the future we may choose to utilize pixel tags to measure and improve the quality of our digital platform or in connection with interest-based advertising. “Pixel tags” are tiny graphic images embedded in emails or webpages that are used to determine what parts of a website you viewed or whether an e-mail was successfully opened. Pixel tags do not contain any personal information about you.
3. Mailing list
If you choose to subscribe to our mailing list, you will be asked to provide us with your e-mail address. You may unsubscribe from the mailing list at any time. space-ship manages its mailing list through MailChimp.
4. How space-ship uses your information
We may use the information we collect from you to help us develop and improve our digital platform, customize advertising to your preferences, keep you posted on upcoming showcases or new artists being showcased on our digital platform, send you e-mails and newsletters, and support internal functions, such as auditing, data analysis, research, and quality management.
We may disclose the information we collect from you to contractors we use to support space-ship, in the event of a sale, merger, liquidation, dissolution, reorganization, assignment or other transfer of space-ship, to respond to law enforcement requests where required by applicable laws, court orders, or government regulations, or in situations involving harassment, “cyber bullying” or threats to the physical safety of any person.
5. Your responsibility online
You should remain aware that any information you share online is not completely secure and it is possible that your information may be accessed by others. While we will do our best to protect your privacy, we cannot guarantee your online safety or security or that others won’t try to access your personal information. We are not responsible for the actions of those who obtain you information in this manner. Any transmission of information on or through our digital platform is at your own risk.
6. Linking to third party websites
Our digital platform is hosted by Squarespace. Please be advised that Squarespace has hundreds of servers around the world so when you submit information through our digital platform it may be transferred to countries other than the country where you live. The level of protection that is legally required by other countries may be different from the level of protection that is legally required where you live.
9. Contact information
984 Main St
Branford, CT 06405