Terms & Conditions
THE LEGAL STUFF
Effective Date: 09/05/2012
3. Use of the Site
The Site (including, but not limited to, articles, text, images, graphics, photographs, videos, audio, logos, trademarks, service marks, user interface, design, computer code, and the selection, coordination, and arrangement of such content and the underlying software (the “Materials”)) is protected by the intellectual property laws of the United States and other countries. All copyrights in the Site or the Materials are owned by Virgin Galactic or its licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly permitted by Virgin Galactic in writing, you may not copy, reproduce, distribute, publish, enter into a database, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use, or in any way exploit the Site, in whole or in part. Any unlawful or unauthorized use of the Site or any Materials is strictly prohibited. Any other intellectual property rights in the Site or the Materials are the sole property of Virgin Galactic or its licensors. Except as expressly provided in these Terms, you are not granted any express or implied rights to the Site, Materials, or any other intellectual property associated with the Site.
The Site is for informational purposes only. Except as expressly set out in these Terms, you are authorized to view the Materials on the Site for personal non-commercial use only.
You may link to the Site, provided that your linking to the Site in no way would lead any visitor to your site to assume that Virgin Galactic or any other member of the Virgin group is in any way associated with your website or endorses it. You will not use or access any service, information, application or software available on the Site in any way not expressly permitted by Virgin Galactic, nor will you mirror the Site.
4. Links to Third-Party Content and Websites
In addition, the Site may contain content provided by third parties. Please note that the information provided on the Site under the heading “Accredited Space Agents” is displayed as provided by each space agent directly, and neither Virgin Galactic nor any other member of the Virgin group accepts any liability or responsibility whatsoever for such information. Neither Virgin Galactic nor any other member of the Virgin group makes any guarantee, representation or warranty as to the performance of such agents.
Unless expressly stated to the contrary, neither Virgin Galactic nor any other member of the Virgin group makes any endorsement of or representation concerning any such linked websites or content, nor does Virgin Galactic or any other member of the Virgin group assume any liability in connection with any such websites or content, advertising, products or services available from such websites, your use of such websites, or any dealings you may have, or the consequences of such dealings, with the operators of those websites.
Virgin Galactic expressly reserves the right to delete or modify any link on the Site at any time and for any reason.
5. Pop-up Boxes
When using the Site, you may receive pop-up boxes. Virgin Galactic may use pop-up boxes for a number of reasons, such as competition entry forms and questionnaires to help us improve our service to you. Pop-up boxes from Virgin Galactic will be clearly marked with a heading from Virgin Galactic. You may also receive pop-up boxes from third parties, which may appear due to software which has been installed, deliberately or unwittingly, on your computer. Virgin Galactic does not control these third-party pop-up boxes and does not endorse any website, product or service which appears in any of these third-party pop-up boxes.
6. Submission of Information/Booking Requests
You agree to provide accurate, current, and complete information about yourself as requested or directed on the Site, including without limitation via the Booking or Newsletter forms, and to promptly update this information to maintain its accuracy. You agree that you will not impersonate any other individual, nor will you make any unauthorized, false or fraudulent orders, bookings or requests for services. You are responsible for maintaining the confidentiality of your account information, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Virgin Galactic if you become aware of any unauthorized use of your password or username or any other breach of security.
7. Prohibited Conduct
By using the site, you agree not to:
(i) do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the Site or the materials available on the Site, or which imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(ii) use any device, software, or routine to interfere with the proper working of the Site or any activity conducted on the Site;
(iii) obtain unauthorized access to the Site or any private or member account areas on the Site;
(iv) do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Virgin Galactic, its licensors, any other member of the Virgin group or any third party;
(v) decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(vi) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site;
(vii) probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
(viii) do anything which is otherwise unlawful or which may cause any liability for Virgin Galactic or any other member of the Virgin group;
(ix) interfere with the Site in any way, including without limitation by engaging in unauthorized spidering, “scraping,” or harvesting of content, contact or other personal information, using any other unauthorized automated means to compile information, or “flooding,” “spamming,” or “crashing” the Site; or
(x) attempt to do any of the above.
8. Site Access; Account Deletion
Virgin Galactic may in its sole discretion at any time and for any reason without giving you prior notice, take any or all of the following actions: terminate, suspend, or restrict your access to the Site; discontinue any related subscriptions to additional services offered through the Site; and/or terminate any Site account you create. If Virgin Galactic takes any of the above actions and notifies you of such action, you must promptly destroy any content you downloaded or printed from the Site.
9. Press FTP Website
The Virgin Galactic Press FTP website (the “Press Sub-Site”) is solely for the use of journalists interested in Virgin Galactic. Others may not access the Press Sub-Site. In addition to all the other terms and conditions contained herein, access to the Press Sub-Site is subject to the following:
(i) Virgin Galactic hereby grants you and your affiliated media organization a revocable, non-exclusive, and nonsublicensable license to view, download, reproduce, republish, display and distribute copies of the images, graphics, video and text available through the Press Sub-Site (collectively, the “Press Content”), solely for use in reporting on Virgin Galactic, its services and products, in a professional journalistic context through newspaper, magazine, radio, television, or Internet media. Use of the Press Content for any other purpose, without the express written consent of Virgin Galactic, is strictly prohibited and is a violation of copyright and these Terms. If you wish to use Press Content for any other purpose, please email our permissions desk at permissions@[FILL IN].
(ii) You agree to include an appropriate accreditation of Virgin Galactic as the source of any Press Content you use from the Press Sub-Site, and to include an appropriate accreditation of the relevant artist or photographer for any Press Content where such accreditation is requested on the Site.
(iii) You warrant and agree that while using the Press Content and the Press Sub-Site you shall not:
(a) sell or make any other commercial use of the Press Content (including, but not limited to, by using Press Content on posters, t-shirts, coffee mugs, calendars, books or other items);
(b) insert any advertising or other promotional content into any Press Content;
(c) impersonate any person or entity or misrepresent your affiliation with any other person or entity, including Virgin Galactic;
(d) use any of the Press Content or the Sub-Site in any manner that is obscene, illegal, defames any person or entity, or disparages or tarnishes any of the Press Content or the reputation, image or intellectual property of Virgin Galactic, its licensors, Sir Richard Branson or any member of the Virgin group, or that could reasonably be expected to do so;
(e) alter or remove any copyright, trade mark or other proprietary notices contained in the Press Content;
(f) attempt to gain unauthorized access to other computer systems through the Site, or use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site; or
(g) combine Press Content to exceed four minutes in duration.
10. Reservation of Rights, Warranties, Liability for Losses, Indemnification
Virgin Galactic and each other member of the Virgin group reserve their rights to pursue all remedies available to them under applicable law for any breach of these Terms or inappropriate conduct.
THE SITE AND ALL OF ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. VIRGIN GALACTIC AND MEMBERS OF THE VIRGIN GROUP MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. VIRGIN GALACTIC AND MEMBERS OF THE VIRGIN GROUP DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIRGIN GALACTIC AND MEMBERS OF THE VIRGIN GROUP EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (IV) RELATING TO THE TITLE, DESCRIPTION, ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY VIRGIN GALACTIC, (V) OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY VIRGIN GALACTIC OR ANY THIRD PARTY, (VI) THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON, AND (VII) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER VIRGIN GALACTIC NOR ANY OTHER MEMBER OF THE VIRGIN GROUP CAN ACCEPT ANY LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN INFORMATION PROVIDED ON THE SITE, OR FOR ANY FAILURE TO UPDATE INFORMATION ON THE SITE. IN NO EVENT SHALL VIRGIN GALACTIC, ITS AFFILIATES, ITS LICENSORS, NOR ANY MEMBER OF THE VIRGIN GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR ACCESS, USE, MISUSE, LOSS OF USE, DATA OR PROFITS, ANY DELAY OR INABILITY TO USE THE SITE, THE SECURITY OF THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE, OR ANY BREACH OF SECURITY BY HACKERS, OR FOR ANY CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE. YOU RELEASE VIRGIN GALACTIC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE. In the case of jurisdictions that restrict limitation clauses, this limitation shall be applied to the greatest extent permitted by law. Your access to and use of the Site is at your own risk. If you are dissatisfied with the Site or any of its content, your sole and exclusive remedy is to discontinue using and accessing the Site. You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code § 1542, that otherwise might limit your waiver of such claims.
You agree to defend, indemnify, and hold harmless Virgin Galactic, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns with respect to claims, costs (including attorneys’ fees and costs), damages, liability, and expenses or obligations of any kind arising out of or in connection with your access to or misuse of the Site. Virgin Galactic reserves the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case you agree to cooperate with us to defend such claim.
11. Applicable Law and Forum
You warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You agree that the Terms will be governed by and construed in accordance with the laws of [STATE], without regard to the conflict of laws rules of any jurisdiction. You also agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to your use of the Site or these Terms exclusively in a court located in [STATE]. You agree to submit to the personal jurisdiction of the courts located in [STATE] for the purpose of litigating all such claims.
(i) In the event that any provision of these Terms is deemed invalid by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) the failure of Virgin Galactic to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches; (iii) you agree that no joint venture, partnership, employment, or agency relationship exists between you and Virgin Galactic as a result of these Terms or your access to and use of the Site; (iv) Virgin Galactic may assign its rights and obligations under the Terms; and (v) the Terms constitute the entire agreement between you and Virgin Galactic.