Vast Website Terms of Use
Access and use of the website at www.vastspace.com and any other website linking to these Terms of Use (collectively, the “Website”) is conditioned on acceptance, without modification, of these Terms of Use. By accessing or using the Website, you represent that you have read and understand these Terms of Use and agree to be bound by them. If you do not wish to be bound by these Terms of Use, do not access or use the Website. Vast reserves the right, at its sole discretion, to modify these Terms of Use at any time, effective immediately upon posting. By continuing to use the Website or Content after any such posted modification, you agree to be bound by these Terms of Use as so modified.
Intellectual Property Rights.
This Website is owned and operated by Vast Space LLC or one of its affiliates (collectively, “Vast”). All of the content on the Website, including without limitation the images, text, information and data, and video content displayed, downloadable, or otherwise accessible in or as part of the Website (but excluding third party content available through third party links discussed below) (collectively, the “Content”), is the exclusive property of Vast or its licensors. The Website and the Content are protected by intellectual property and other laws. The availability or downloading of Content does not transfer or grant to you any right, title or interest in or to the Content or any intellectual property rights therein. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as we expressly permit in writing (including in Vast’s Media Assets Terms of Use). Vast hereby expressly reserves all rights in the Website and Content not expressly granted in these Terms of Use and the Media Assets Terms of Use.
Use of the Website.
Access to and use of the Website and the Content are provided at Vast’s sole discretion. Vast reserves the right to modify, update, suspend, discontinue, and restrict the availability and use of the Website and the Content, in whole or in part, at any time and without notice or liability. Vast operates the Website from the United States of America and information submitted to the Website will be transmitted and stored there. Vast does not claim that the Website or Content are appropriate or available for use in locations outside the United States.
Restrictions.
You agree that you will not use the Website or any of the Content:
- in violation of any law or regulation or in an abusive, deceptive, or harassing manner;
- in a manner intended or reasonably likely to restrict or inhibit anyone’s use or enjoyment of the Website, or which, as determined by us, harms or is reasonably likely to harm Vast, the Website, users of the Website, or networks on which the Website or the Content is hosted or operated, including by introduction of malicious code or through denial-of-service attacks;
- violate restrictions of the Website, or bypass other measures employed to prevent or limit access to the Website or the Content by hacking or other means;
- except as permitted by the Media Assets Terms of Use, copy, redirect, or exploit the Website or any Content, copy, modify, or display Vast’s name, logo, trademarks or service marks, or include Vast’s names or trademarks or service marks or any Vast executive’s name, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement;
- probe, scan, or test the vulnerability of the Website or of the network supporting the Website; or
- frame the Website or the Content using “framing” or any other similar technology.
Disclaimers.
YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. VAST MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE CONTENT. TO THE FULLEST EXTENT PROVIDED BY LAW, VAST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY BE TRANSMITTED TO OR AFFECT YOUR COMPUTER EQUIPMENT OR SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE WEBSITE OR THE CONTENT OR ANY THIRD PARTY WEBSITE LINKED FROM OR TO THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability.
UNDER NO CIRCUMSTANCES WILL VAST OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE CONTENT. IN NO EVENT WILL VAST’S LIABILITY RESULTING FROM YOUR ACCESS AND USE OF THE WEBSITE AND THE CONTENT EXCEED USD $100. THIS SECTION DOES NOT AFFECT ANY LIABILITY TO THE EXTENT THAT IT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Third Party Links.
The Website may from time to time contain links or pointers to Internet websites owned, operated, or maintained by third parties. These links do not imply endorsement by Vast of such third party websites or their content. Vast does not operate or control, and expressly disclaims any responsibility for, such third party websites, which are linked and made available through the Website on an “AS IS” basis without warranties of any kind, express or implied.
Indemnification.
You agree to defend, indemnify, and hold harmless Vast Space LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use.
Severability.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.
Governing Law; Jurisdiction; Disputes.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website may be instituted exclusively in the federal and state courts located in Los Angeles County in the State of California except to the extent Vast and you agree otherwise in writing. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No Waiver.
The failure of Vast at any time to require performance by you of any provision of these Terms of Use will in no way affect the right of Vast to enforce the such provision, nor will the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
Contacting Vast.
If you have any queries regarding the Website, please submit your query to Vast by email to: info@vastspace.com.