PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE @Space™ ParkingOrbit ONLINE PROGRAM. PARTICIPATION IN THE @Space™ ParkingOrbit ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE @Space™ ParkingOrbit ONLINE PROGRAM.
Introduction. This agreement ("Agreement") between You and @Space Communications, Inc. ("@Space") consists of these @Space™ ParkingOrbit Online Program (the "Program") Standard Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by @Space, is available at the Program Frequently Asked Questions ("FAQ") URL, located at http://ParkingOrbit.com/faq.php, or such other URL as @Space may provide from time to time. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
- To participate in the @Space™ ParkingOrbit program you need to have your own approved Google AdSense™ account, and agree to and follow Googles Terms and Policies:
- Any attempts to undermine or cause harm to the system or Program, or any subscriber of the Program, is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network used by the Program
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Program
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
- You agree that we will not be liable to you or any other person for any loss that may occur due to:
- any act or omission of you or your agent, whether authorized or unauthorized;
- the use of or inability to use your domain name or username or password or any other part of our Service;
- access delays or access interruptions to our Program;
- the non-delivery or misdelivery of data between us and you or any other person;
- events beyond our reasonable control;
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY CONTACT PROVIDED OR APPROVED BY THIRD PARTIES OR FOR ANY SITES THAT CAN BE LINKED TO OUR FROM THE CONTENT OR BY MEANS OF THE LINKS THEREON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND HEREBY DISCLAIM ANY) WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLEID, STATUTORY OR OTHERWISE, INCLUING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FINTNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
- We will not be liable for any direct, indirect, special, incidental, or consequential, or exemplary damages of any kind, including lost profits, goodwill, use, data or other intangible losses regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- Under no circumstances shall we be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, without limitation: Internet failures, computer equipment failures, telecommunication equipment failures (including but not limited to back hoe induced fiber failures, loss of connectivity from telecom providers, routing issues, denial of service attacks, or other causes of the system to fail to perform), other equipment failures, electrical power failures, strikes, labor disputers, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- In no event shall our maximum liability exceed the total of any amounts paid by us to you.
- Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations provided in this Agreement may not apply to you. To the extent applicable state law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
- DISCLAIMER OF WARRANTIES. With regard to our Program:
- We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
- We do not warrant that:
- the functions contained will meet your requirements; or
- that their operation will be uninterrupted, timely, or error free; or
- defects will be corrected.
- We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
- You further agree that:
- your use is at your sole risk;
- we provide our Program to you on an "as-is" and "as-available" basis; and
- your use of our Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from any downloads from them.
- Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide them to you.
- No advice or information, whether oral or written, obtained by you from them or otherwise from us shall create any warranty not expressly stated in this Agreement.
- Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.
You agree to defend, indemnify and hold us and the shareholders, directors, officers, employees, affiliates and agents of us, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arising out of or related to:
- Your use of our Program;
- Your breach of any part of this Agreement; or
- Infringement of any trademark, copyright, or other claim of any kind based upon the rights of any third party or any other basis of infringement in accordance with this Agreement.
- REPRESENTATIONS AND WARRANTIES
- You represent and warrant that:
- all statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
- any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
- if you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain; and
- you agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement.
- you are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Program.
- You warrant that you will not use our Program for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or Program or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service or Program, other accounts, our computer system or network connected to Our Site.
- In the event that you breach any provision of this Agreement, you agree that we reserve the right to immediately terminate your use of our Service without providing any notice to you. You specifically accept this termination clause and waive any right to object to it in any dispute.
- In the event we determine that you have or continue to violate this Agreement:
- We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Service; and
- You will also be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement.
This Agreement shall be governed by the federal laws of the United States and the laws of the State of Nevada, without regard to any conflict of laws provisions.
In the event it is necessary for us to refer any dispute to an attorney, collection agency, or have it resolved in a formal proceeding, we will be entitled to an award of reasonable attorneys' fees, collection fees, and all costs associated with any formal proceedings, regardless of whether suit is eventually filed. You agree to waive any claim for fees and costs if you fail to provided us with 90 days advance notice of your intent to bring legal action to firstname.lastname@example.org along with a reasonably comprehensive explanation of the basis for the dispute before you file suit.
In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.