TERMS OF SERVICE – VisitingFromSpace

TERMS OF SERVICE


By accessing and continuing to use this website, or any service, products, or data provided by VisitingFromSpace Inc., you acknowledge your acceptance of these terms and conditions of service. VisitingFromSpace Inc. reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features, products, services or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by VisitingFromSpace Inc. and shall be of no force or effect.

User Consent. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") VisitingFromSpace Inc. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service

Restrictions on Use. You may not use the Service, Products or Data for any illegal purpose or in any manner inconsistent with the TOS. VisitingFromSpace Inc. grants a personal, non-transferable and non-exclusive license to the user to possess and use the information supplied by VisitingFromSpace Inc. The user is strictly prohibited from distributing, lending or loaning (for payment or for free) any information supplied by VisitingFromSpace Inc. It is also the responsibility of the user to ensure that all specific laws and regulations (including Spam Acts and other relevant laws) are adhered to when using the information. You agree to use the Service, Products, Data solely for your own business use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other business, person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service or Products in any manner that could compete with the business of VisitingFromSpace Inc. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by VisitingFromSpace Inc. and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of VisitingFromSpace Inc. and such others. You agree to protect the proprietary rights of VisitingFromSpace Inc. and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by VisitingFromSpace Inc. or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify VisitingFromSpace Inc. in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

Intellectual Property. This website, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, data, content, services, goods or advertisements (the "Items") are provided "AS IS”. VisitingFromSpace Inc. does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that VisitingFromSpace Inc., its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of VisitingFromSpace Inc., its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against VisitingFromSpace Inc. by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by VisitingFromSpace Inc. VisitingFromSpace Inc. is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. VisitingFromSpace Inc. does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. VisitingFromSpace Inc. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that VisitingFromSpace Inc. and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS. VisitingFromSpace Inc. does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). VisitingFromSpace.com and VisitingFromSpace Inc. services and products may contain links to other related World Wide Web Internet sites. VisitingFromSpace Inc. is not responsible for the accuracy or activities of these links. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. VisitingFromSpace Inc. reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

Spam and Do Not Call. User agrees to comply with all obligations under any anti-Spam regulations, including the Spam Act of 2003 (Australia), the CAN-SPAM Act of 2003 (United States of America), etc. VisitingFromSpace Inc. is not liable for any failure on the part of the user to comply with any anti-Spam laws. Prior to sending any unsolicited electronic messages, it is the responsibility of the user to understand all local and Federal anti-Spam regulations. VisitingFromSpace Inc. shall not be held liable for any electronic messages sent by the licensee that do not comply with anti-Spam laws. User must take all reasonable steps to ensure that any telephone numbers used are not registered with the “Do Not Call Register.” Business numbers typically are not included in the “Do Not Call Register” (in most countries). Be aware that in some countries, Government telephone numbers and business fax numbers have been added to the “Do Not Call Register”. However, government telephone numbers and business fax numbers listed in the data supplied by VisitingFromSpace Inc. have NOT been washed against the DNCR. Again this is the responsibility of the User. The Licensee must take steps to ensure they are in compliance with their local and Federal DNCR laws before engaging in any marketing campaigns.

Testimonials. Any unsolicited or solicited comments made regarding VisitingFromSpace Inc. services, it's owners, or employees via emails, writing or telephone conversations may be used by VisitingFromSpace Inc. and its affiliated companies for promotional purposes. By using our services you grant us the right to post your project on our site(s). You grant VisitingFromSpace Inc. and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant VisitingFromSpace Inc. and its affiliates and sub-licensees the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site or share with us via email and that use of your reviews, comments, or other content by VisitingFromSpace Inc. and their affiliates will not infringe upon or violate the rights of any third party.

No Guarantees and No Refunds. We have listed and hold ourselves to certain objectives in providing the services you have hired us to provide, however, we cannot and do no guarantee any specific result. We do not own or exercise control over media outlets or other third parties, whether in television, radio, print, web, or any other medium. Therefore, we cannot and do not guarantee the performance, conduct, timeliness, content, or editorial decision of any media outlet. We may provide you with copies of news coverage involving you. This coverage may be subject to copyrights. We cannot and do not guarantee that you have the right to reproduce it or use it in any way. It is your sole responsibility to obtain the necessary rights from the material’s owner. The payments due under these Terms and Conditions and the Agreement are due by Client, any Guarantors, and any entity (including corporations and limited liability companies) which is making payment directly to Agency, which Client or Guarantor has an interest in as a shareholder, member, office, director. All payments made to Visiting From Space Inc. are non-refundable. You acknowledges that this is a speculative investment involving a high degree of risk and that there is no guarantee of success or that you will realize any gain from this investment, and you could lose the total amount of your investment. In no event shall we, our directors, officers, employees, agents, successors, or affiliates, be liable for any damages whatsoever, including without limitation, any loss of profits, loss of business, loss of use or data, interruption of business, or for direct, indirect, special, incidental, or consequential damages of any kind, above and beyond the amount you actually paid for the Starter Package and the possible upgrade to Global reach. In no event shall we, our directors, officers, employees, agents, successors, or affiliates, be liable for any damages whatsoever, including without limitation, any loss of profits, loss of business, loss of use or data, interruption of business, or for direct, indirect, special, incidental, or consequential damages of any kind, in any amount whatsoever, that arises out of (i) your misuse of copyrighted material; (ii) misrepresentations of material facts on Your part; (iii) Your providing Us with inaccurate information.

Representations and Warranties. The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use our services. If you do not qualify, please do not use the Service. VisitingFromSpace Inc. may, in its sole discretion, refuse the Service to anyone at any time. The Service is not available to temporarily or indefinitely suspended VisitingFromSpace Inc. members.

Breach. In our sole discretion, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and any other information you place on the site and reserve the right to pursue any other remedies that may be available to us if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless VisitingFromSpace Inc. and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against VisitingFromSpace Inc., its owners, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against VisitingFromSpace Inc., its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, , or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Termination. Either you or VisitingFromSpace Inc. may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from VisitingFromSpace Inc. if you, in VisitingFromSpace Inc. sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by VisitingFromSpace Inc., you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through seventeen (2-17) shall survive any termination of the TOS. Any fees paid to VisitingFromSpace Inc. are nonrefundable. Any monies owed to VisitingFromSpace Inc. at the time of termination must be paid within 10 days of termination.

Governing Law. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Buyer and Seller and VisitingFromSpace Inc. consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Orange County, California, U.S.A. Buyer and Seller shall not assign its order or any interest therein or any rights thereunder without the prior written consent of VisitingFromSpace Inc. These Terms constitute the entire agreement between VisitingFromSpace Inc. and Buyer and Seller and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Buyer and Seller and VisitingFromSpace Inc. with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Seller and VisitingFromSpace Inc. The failure by VisitingFromSpace Inc. to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

Miscellaneous. VisitingFromSpace Inc. may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall automatically be effective 15 days after posting, unless an earlier effective date is posted. Use of the Site after the effective date of any amendment shall constitute acceptance of the amendment.

Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.

Entire Agreement. The TOS and any other terms and conditions of service on www.VisitingFromSpace Inc. .com, and its successor, constitute the entire agreement between you and VisitingFromSpace Inc. and govern your use of the Service.