By visiting spacecraft.la (the “Site”) or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and that you are at least 18 years of age. If you do not agree, you may not use the Service.
In addition to these Terms, the following additional terms (“Additional Terms”) apply to your use of the Services. By using the Services or placing your pre-order for the Spacecraft products, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:
Pre-Ordering SPACECRAFT Products
When you pre-order a Spacecraft Product, you agree to pay any amounts and fees we may charge you for the Spacecraft Product (which may vary from a deposit to payment of the full purchase price of the Spacecraft Product). Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. We will charge the payment method you specify at the time of payment. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We may change the required purchase price for the Spacecraft Product from time to time by posting the changes on the Site.
During the pre-order period, if you refer other new customers using the referral link we provide to you, you will receive a credit of up to $50 towards any Spacecraft Product you have pre-ordered (a “Referral Credit”) for each person who uses your referral link to pre-order one or more Spacecraft Product. You can earn maximum aggregate Referral Credits up to the total amount remaining on your purchase after the initial pre-order payment, less taxes and fees. If you use a referral link from another customer to make your pre-order, you will receive a Referral Credit of up to $50 toward the amount remaining on your purchase after your initial pre-order payment, less taxes and fees. All Referral Credits will be applied to the total amount remaining on your purchase when your credit card is charged for the final time before shipping. You will receive email notification for each of your Referral Credit(s) after a successful pre-order has been processed using your referral link. Please note that Referral Credits are given for the purpose of attracting brand new customers to Spacecraft. You may earn only one Referral Credit per individual you refer who uses your referral link to pre-order Spacecraft Device(s). The referred user must have signed up after clicking your referral link; if they clicked multiple referral links they must have clicked your link last. You will only receive referral credit for each referred user who makes a pre-order and does not cancel the order before the remaining amount is due. If for any reason we suspect a fraudulent use of a referral link, we reserve the right, in our sole discretion, to withhold any or all Referral Credits. If you decide to send an email or otherwise contact other potential new customers to pre-order Spacecraft Product(s) using the referral link that we provide to you, you are responsible for obtaining any consents that may be required by law before you send such communications.
You agree that we may cancel or refund your payment amount at any time prior to the date on which we ship the Spacecraft Product(s) for any reason, and if we do so, we are not required to fulfill your pre-order.
If you cancel your pre-order any time prior to the time we ship the Spacecraft Products(s), we will refund to you the amounts that you paid. After the Spacecraft Products(s) have shipped, we have no obligation to provide refunds or credits, but we may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.
Our fees are net of any applicable Sales Tax. If the Spacecraft Products(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
When you pre-order a Spacecraft Product, you acknowledge that the design and specifications of the Spacecraft Product, and the Services, may be altered by us prior to final delivery. If such changes are made, you will be notified in accordance with our standard practices and have an opportunity to cancel your pre-order in accordance with these Terms. You acknowledge that termination of your pre-order shall be your only means of recourse in the event of such changes in design and specification of the Spacecraft Device and/or Services.
Use of the Service
You are solely responsible for the use of the Service. You may not misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations.
The Service is owned and operated by Spacecraft and its licensors, and the information, services and content (and any intellectual property and other rights relating thereto) provided through the Service ("Content") are and will remain the property of Spacecraft and its licensors and suppliers. The Content is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Service or Content without our prior written permission. The Service and Content may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by Spacecraft or, if so indicated in writing by Spacecraft, its licensors or suppliers. Use of the Service or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service or Content.
The trademarks, logos, and service marks displayed on the Service (collectively, the "Trademarks") are the registered and unregistered trademarks of Spacecraft, Spacecraft licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Spacecraft, Spacecraft’s licensors or suppliers, or the third-party owner of any such Trademark.
Using the Service does not give you ownership of any intellectual property rights in the Services or the Content you access. You may not use Content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Service. If your Spacecraft Product is lost, damaged or stolen you may purchase a replacement product directly from us via the Site. Please note that your purchase of a new Spacecraft Product will be at retail price and it may require you to update some or all of the financial account information that you previously provided to us.
You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications, but you may not opt out of administrative communications from us regarding your use of the Service.
If your use of the Service includes applications for mobile devices (a “Spacecraft App”), you hereby consent to and grant us the following permissions in connection with your use of such Spacecraft App for mobile devices:
Permission to collect and use location data in connection with your use of the Service; Permission to send and receive text messages regarding your use of the Service.
Compliance with Law
You agree to operate the Service in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction permitted under all applicable laws and regulations. You acknowledge that Spacecraft is not responsible for your use of the Service, the Spacecraft Product or any related third-party devices in violation of any law or regulation.
Procedure for claims under the Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows: 11219 McDonald St Culver City, CA 90230, Attention: Copyright Agent.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Subject to these Terms, Spacecraft grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Spacecraft software provided by Spacecraft that is pre-installed on, embedded in or incorporated into the Spacecraft Product ("Embedded Software") solely in connection with your use of the Service.
You may not (a) copy, sell, sublicense or otherwise transfer the Embedded Software to any third party; (b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Embedded Software; (c) modify, translate or create derivative works based on any proprietary portions of the Embedded Software; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive source code of any proprietary portion of the Embedded Software, in whole or in part, except to the extent expressly permitted by applicable law; (e) distribute or offer the Embedded Software to any third party (e.g. as part of a service bureau, time-sharing, or similar arrangement) or for the benefit of any third party; or (f) use the Embedded Software or Service in violation of any applicable laws or regulations.
You agree not to use the Service to take any action or actions that:
are contrary to our public image, goodwill or reputation; infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance; violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability; are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service; modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service; remove any copyright, trademark, or other proprietary rights notices contained in or on the Service; sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein; "frame" or "mirror" any part of the Service without our prior written authorization; distribute any virus, worm or other similar or deleterious files, scripts or programming routines; interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Service or its licensors or suppliers; involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003); use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you; and/or harvest or collect information about any Service users without their express consent. Improper use of the Service may result in termination of your access to and use of the Service, and/or civil or criminal liabilities.
Term & Termination
These Terms are effective from the date that you first access the Service or submit any information to Spacecraft, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Spacecraft may immediately terminate these Terms, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. These Terms will also terminate automatically if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of information that you have obtained from the Service, whether made under these Terms or otherwise. All disclaimers and all limitations of liability and all Spacecraft rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support the Service, or any part or portion thereof, during the term of these Terms.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPACECRAFT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. SPACECRAFT EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER SPACECRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE SPACECRAFT OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER SPACECRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT SPACECRAFT HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SPACECRAFTAND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SPACECRAFT.
You agree to fully indemnify, defend, and hold Spacecraftour licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service ("Permitted Users"), your violation of these Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.
Spacecraft makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Using the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a Permitted User chooses to use the Service, you agree and acknowledge that you and such Permitted User do so on each party’s own initiative and at each party’s own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
In the interest of resolving disputes between you and Spacecraft in the most expedient and cost effective manner, you and Spacecraft agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SPACECRAFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Spacecraft will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting Spacecraft.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spacecraft’s address for Notice is: 1805 Broadway Street, San Francisco, CA 94109. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spacecraft may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spacecraft shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Spacecraft shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Spacecraft in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, Spacecraft will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Spacecraft for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND Spacecraft AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spacecraft agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that Spacecraft makes any future change to this arbitration provision (other than a change to the Spacecraft’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spacecraft’s address for Notice, in which case your account with Spacecraft shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If only Subsection 6 of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Miscellaneous" section shall govern any action arising out of or related to these Terms.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Spacecraft agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Spacecraft, and supersedes any and all prior agreements, negotiations, or other communications between you and Spacecraft, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. Except as set forth in Section 6 of "Dispute Resolution" above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of Spacecraft, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Spacecraft may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if Spacecraft is unable to provide the Service as a result of a force majeure event Spacecraft will not be in breach of these Terms. A force majeure event means any event beyond the control of Spacecraft. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Spacecraft’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
Please send any questions or comments, or report violations of this Agreement, to the Company through our customer service portal, accessible from our web site at spacecraft.la, or at Spacecraft, LLC., 11219 McDonald St. Culver City, CA 90230
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. We use information collected from cookies and other technologies to improve your user experience and the overall quality of the Service. By using the Service, you consent to the privacy practices described in this Policy.
The information we collect on the Service
User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, post user content, make a purchase on the Service, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
“Cookies” Information. When you use the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
“Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
Third Party Web Beacons. We may also implement third-party content or advertising on the Site that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Site. Information collected through web beacons is collected directly by these third parties, and we do not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. If you would like to learn more about behavioral advertising or to opt out of having this information used by companies that are part of the Network Advertising Initiative and the Digital Advertising Alliance to deliver targeted ads, please visit http://www.networkadvertising.org and www.aboutads.info/choices (DAA).
Location Information. Spacecraft may offer certain features as part of the Service in whole or in part based on your location, such as to locate the mobile device on which you have installed, or downloaded an application that is a part of the Service. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the application. If you choose to enable location-based services, we may collect your location based on information provided by you or the mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to or choose to disable location-based services, you may not be able to utilize certain features of the Service. Without limiting the foregoing, even if you have not expressly granted us access to location data, we may nonetheless have access to location information contained in the transaction data associated with your Spacecraft product.
Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
How we use the information we collect
We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your user content posted on the Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
We may use “cookies” information and “automatically collected" information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
When we disclose information
Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We work with third-party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require the confidentiality of such information.
We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S.copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us through our customer service portal, accessible from our web site at spacecraft.la. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, and any other situation where we believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us through our customer service portal, accessible from our web site at spacecraft.la, or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us through our customer service portal, accessible from our web site at spacecraft.la, and request that we delete that child’s personally identifiable information from our systems.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us through our customer service portal, accessible from our web site at spacecraft.la.
Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: 11219 McDonald St. Culver City, CA 90230.
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Our Contact Information
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices through our customer service portal, accessible from our web site at spacecraft.la.