TERMS OF USE

Effective: April 17, 2018

1.   Acceptance of Terms of Use

These terms of use (“Terms of Use”) govern your use of space-ship.org (“space-ship”, “space-ship.org” or “digital platform”) and any products, services or features we may offer. By using space-ship.org or any product, service or feature we may offer, you accept without limitation or qualification these Terms of Use. If you do not agree to comply with and be bound by these Terms of Use then you may not use space-ship.org.

2.    Privacy Policy

We are committed to protecting your privacy when you visit our digital platform. For more information about our privacy practices, please visit our Privacy Policy. 

3.    Age Requirements

ACCOUNT INFORMATION

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. 

SUBMISSIONS

You must be at least 18 years old to have your work showcased on our digital platform. By submitting your work to be showcased on our digital platform, you are affirming that you are at least 18 years old and are fully able and competent to enter into a legal contract and to be bound by the terms, conditions, representations and warranties set forth in these Terms of Use.  

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. 

PROHIBITED ACTIVITIES

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

space-ship reserves the right to determine whether any visitor content is inappropriate or violates these Terms of Use and to remove any such content from our digital platform. space-ship reserves the right to restrict, suspect or terminate your access to all or any part of our digital platform at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, space-ship assumes no responsibility for monitoring our digital platform for inappropriate content, or modifying or removing such content from our digital platform.

5.    Intellectual Property

TRADEMARKS

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. 

COPYRIGHTS

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. 

6.    Indemnification

By using space-ship.org, you represent and warrant that your use will be consistent with these Terms of use. You agree to indemnify, defend, and hold harmless space-ship for all claims, causes of action, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of space-ship.org and/or the content you post to space-ship.org.

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

You agree that if any provision of these Terms of Use is held to be invalid, unlawful or unenforceable, then such provision shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of these Terms of Use shall not be affected. space-ship’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless agreed to in writing by space-ship.

10.  Governing Law

These Terms of Use are governed by, and will be construed in accordance with, the laws of the State of Connecticut, without regard to principles of conflicts of law. Any case, controversy, suit, action, or proceeding arising out of, in connection with, of related to these Terms of Use shall be brought in any federal or state court located in New Haven County in the State of Connecticut and the parties hereby waive any objection that they may have to personal jurisdiction in these courts. 

11.  Entire Agreement

These Terms of Use incorporate by reference any notices on space-ship.org and, together with the Privacy Policy, constitute the entire agreement regarding your use of our digital platform and supersede all prior agreements and understandings between the parties hereto with respect to the subject matter hereof. space-ship (“space-ship”, “we” or “us”) reserves the right to change or supplement any part of these Terms of Use at any time, without prior notice, and any such change will be effectively immediately upon posting it to space-ship.org. Your continued use of the digital platform will constitute your acceptance of such change or supplement, so we encourage you to periodically visit this page to review our most current policy.

12.  Contact Information

If you have any questions about these Terms of Use please contact us at:

space-ship

984 Main St,

Branford, CT 06405

hello@space-ship.org

 

PRIVACY POLICY

 

Effective: April 17, 2018

space-ship (“space-ship”, “we” or “us”) is committed to protecting and respecting the privacy of its digital platform visitors. All information that is collected from you or provided by you in connection with your use of space-ship.org (“space-ship.org” or “digital platform”) is governed by this Privacy Policy (“Privacy Policy”). By using space-ship.org, you are agreeing to be bound by the terms of this Privacy Policy. You should not use space-ship.org if you do not agree to the terms of this Privacy Policy.

1.   Information provided by you

SUBMISSIONS

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. 

 

ACCOUNT INFORMATION

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

COOKIES

We utilize a tool called Google Analytics to collect non-personal information about you in order to improve the quality of our digital platform. The type of information Google Analytics collects includes your IP address, how often you visit our digital platform, when you visit the digital platform and other non-personal information about your online activities. Google Analytics is able to collect this information by installing a cookie on your web browser. A “cookie” is a small data file that is automatically sent to your web browser from a server and is stored on your computer’s hard drive. It enables us to identify you as a unique visitor when you use your web browser to visit the digital platform. If you are concerned about the use of cookies, you may disable cookies on your web browser. 

PIXEL TAGS

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

From time to time our digital platform may contain links to other websites. space-ship is not responsible for the privacy policies and/or practices of other websites. When you link to another website you should read that website’s privacy policy. This Privacy Policy only governs your use of space-ship.org.

7.   Location

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.  

8.   Revisions to our Privacy Policy

We reserve the right to change or supplement any part of this Privacy Policy at any time, without prior notice, and any such change will be effective immediately upon posting it to space-ship.org. Your continued use of the digital platform will constitute your acceptance of such change or supplement, so we encourage you to periodically visit this page to review our most current policy. 

9.   Contact information 

If you have any questions about this Privacy Policy or the information practices of space-ship.org, please contact us at:

space-ship

984 Main St

Branford, CT 06405

hello@space-ship.org