The Mars Generation Terms of Use
These Terms of Use set forth the terms and conditions on which The Mars Generation, a 501(c)(3) nonprofit offers programs and service to users (each a “User” or “you”) of the The Mars Generation service (“Service”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. YOU WILL BE REQUIRED TO ACCEPT THESE TERMS OF USE IN ORDER TO USE THE SERVICE.
1. Terms These Terms of Use are comprised of (a) all terms and conditions set forth herein; (b) all operating rules and policies that are published through the Service from time to time; and (c) The Mars Generation’s Privacy Policy at http://TheMarsGeneration.org/Privacy-Policy, each as modified from time to time. In light of the evolving nature of web-based offerings, The Mars Generation may post a notice through the Service, or broadcast messages through the Service, to inform you of changes to these Terms of Use, The Mars Generation’s Privacy Policy, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to these Terms of Use shall be effective immediately upon posting of the notice or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by these Terms of Use as amended.
2. Service The term “Service” includes all functionality made available by The Mars Generation Student Space Ambassador Program (SSA) under the name of “The Mars Generation.” The Mars Generation may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, service, information, software, software tool or other feature that augments or enhances the current Service will be subject to these Terms of Use.
3. User Privileges and Obligations the Service are available only to individuals 13 or older. In order to use the full function of the Service, you must sign up at http://themarsgeneration.org/programs/student-space-ambassador/. All SSA memberships are controlled by The Mars Generation pursuant to The Mars Generation’s privacy policy located at http://themarsgeneration.org/privacy-policy. The information that you provide to us directly, including through your use of the Service, will be governed by The Mars Generation’s Privacy Policy located at http://themarsgeneration.org/privacy-policy. In all cases, you agree to provide current, accurate and complete information as requested by or through the Service or otherwise by The Mars Generation. Each individual person is allowed to have only one (1) SSA Membership. SSA Membership and use of the Service is for personal and non-commercial use only and is not transferable. You are responsible for any activity that occurs under your SSA Membership. You agree to immediately notify The Mars Generation of any unauthorized use of your SSA Membership or any breach of security in relation to the Service.
4. User Content You may post, display and share “User Content” by using the Service. “User Content” may include your own images, video, audio, music, sound files and other materials, data or text belonging to you or those other parties which you have received a valid right to pursue the actions contemplated in connection with the Service hereunder. As a User, you can post, display and share with third parties, including other Users of the Service, User Content by uploading such User Content to the server which is used for the Service or by providing the Service with the email address of third parties who you wish to share such User Content. You can also add comments to the content and other materials which are uploaded by other Users of the Service. You agree not to post, send, transmit, upload, display, publish or share through any part of the Service any User Content that: Interfere with anyone else’s use of the Service; Is abusive, illegal, indecent, obscene, offensive, or threatening in any way; Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner; Contains false or misleading statement of facts or description of the origin of the material or communications; Violates anyone’s copyrights, moral rights, author’s rights, trade secrets, trademark, patent or other intellectual property or other rights; Interferes with the privacy rights of any person, or impersonates any person; Contains a virus, may corrupt files or other content, or may otherwise compromise or harm the Service or any third party; Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law; or advocates illegal activity; or Contains links to any User Content that does any of the above.
5. Non-Registered User If you are a User who does not have a SSA Membership (“Non-Registered User”), only limited features of the Service will be available to you. You hereby acknowledge and agree that (a) the access to the Service of Non-Registered Users may be limited to a specific period and conditions, (b) Non-Registered Users may not post, display, share, view, copy, download, delete or otherwise use or access any functionalities of the Service after the expiration of the access period unless otherwise expressly permitted by The Mars Generation, and (c) the User Content you post to the Service will remain in the Service and available to other Users unless you, as a Non-Registered User, delete the User Content that you posted in the Service via a User’s sharing space or otherwise.
6. Pricing SSA Membership is free. The Mars Generation may, at its discretion and without prior notice, elect to modify, delete, reduce, augment or discontinue the Service or any product, service, feature or functionality of the Service. The Mars Generation shall not be liable to you or any third party for any such change. You are responsible for creating and maintaining copies of your User Content as back-ups prior to posting or uploading any User Content, or other content or materials to or through the Service.
7. License Grant and Intellectual Property Rights In consideration of your use of the Service, and the potential benefits related thereto, you grant The Mars Generation, its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, host, store, modify, reproduce, distribute, create derivative works, publish, publicly perform and publicly display your User Content with respect to the Service. With respect to the User Content that you designate for sharing with third parties using the Service and/or otherwise make available for inclusion on publicly accessible areas of the Service, you grant The Mars Generation its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, host, store, modify, reproduce, distribute, create derivative works, publish, publicly perform and publicly display User Content including, without limitation, (a) the right to access and view such designated portions of your User Content; and (b) the right to access, display, reproduce, modify and transmit any portions of your User Content, and to create, reproduce, display and distribute selected images, frames, thumbnails or stills from such User Content . You agree that The Mars Generation may use the User Content at any time for any purpose. You acknowledge and agree that certain technical processing or reformatting of your User Content may be required to (a) perform indexing functions; (b) conform to connecting network technical requirements; or (c) conform to the limitations of the Service or other similar requirements. As between The Mars Generation and you, you will own your User Content, and The Mars Generation owns all right, title and interest (including all intellectual property rights) in and to the Service, including without limitation the technology, information, documents, files, websites or other products and service developed in connection or associated with the Service. You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.
8. Responsibility for User Content The Mars Generation does not, as a policy, review or screen any images, video, text, music, sound, audio file or other User Content that a User posts, displays or shares on the Service, although The Mars Generation does reserve the right to do so. You understand that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. The Mars Generation does not endorse any content or views expressed in any User Content, and is not responsible or liable in any manner for any conduct by any User for any User Content. You are solely responsible for the User Content that you provide to The Mars Generation for hosting, displaying, sharing or using in connection with the Service, including, without limitation, the nature, content, subject matter, and views you express, display or publish in your User Content. You agree not to use the Service for illegal purposes. Your use of the Service and the products, service, and information provided by the Service are subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States. You represent and warrant that (a) you have the right to enter into these Terms of Use without any other approvals; (b) you have the right to use, upload, publish and display User Content to the Service; (c) you have the right to grant the licenses granted in these Terms of Use; (d) the use by The Mars Generation of the rights you have granted in these Terms of Use will not violate the rights of any third parties; and (e) you are over the age of 13 and reside in the United States of America. 9. Illegal Activities It is The Mars Generation’s policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. The Mars Generation may take any action it feels, in its sole discretion, are necessary or desirable in order to cooperate with the authorities. 10. Warranty, Disclaimer of Warranty The Service, including all content, products, service and information made available or accessed through the Service, are provided “AS IS” with no warranties of any kind. Uploading, downloading or transmitting any User Content or any other material, data, text, image, video, music, sound or audio files through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise. No advice or information that you obtain by any means from The Mars Generation will create any warranty not otherwise expressly stated in these Terms of Use. The Mars Generation makes no representation or warranty of any kind that: The Service will meet your requirements; Defects in the software for the Service will be corrected; The Service will be timely, secure, error-free or uninterrupted; The Service or any content, product or information provided in connection with the Service are accurate, correct, reliable or complete; The User Content or any material, data, text, images, video, music, sound or audio file or content or materials posted, displayed, stored or shared on or through the Service will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely; Any particular result may be obtained from the use of the Service or effect any User Content or personal identifiable information; or The Service is free of viruses or other components that may infect, harm or cause damage to computer equipment, data, software or any other property when you access, browse, download from, upload to or otherwise use the Service. The Mars Generation expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on or available through the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Disclaimer of Damages; Limitation of Liability EVEN IF THE MARS GENERATION OR ANY OF ITS AUTHORIZED REPRESENTATIVES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES, TO THE EXTENT PERMITTED BY LAW, (INCLUDING, WITHOUT LIMITATION, THEIR NEGLIGENCE) SHALL THE MARS GENERATION, ITS AUTHORIZED REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY CLAIM, LOSS AND/OR CAUSE(S) OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, RELATED TO:
The quality, reliability, accuracy or completeness of the Service; Any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, loss of access or damage of or to your User Content, computer equipment, software, data or any text, image, video, music, sound or audio file or other materials that results from your use of the Service;
Any harm, errors, omissions, costs, losses or damages arising from the use of or inability to use (whether because of interruption, suspension, termination or otherwise) of the Service, User Content or any content, products, service or information provided in connection with the Service;
Any failures, delays, misdeliveries or interruptions in the Service or any content, products, service or information provided in connection with the Service;
Any harm resulting from downloading or accessing any User Content or any other content, products, service or information provided in connection with the Service;
Any unauthorized access to or alteration of User Content or any breach of security related to any server used by the Service; or The cost of procurement of any substitute goods or service. Some Users may have additional rights.
TO THE EXTENT PERMITTED BY LAW, IF, DESPITE THE ABOVE LIMITATIONS, THE MARS GENERATION, ITS AUTHORIZED REPRESENTATIVES AND/OR SUPPLIERS LIMIT TOTAL LIABILITY FOR ANY CLAIM WHATSOEVER UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTY CLAIMS, TO NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) IN AGGREGATE.
12. Privacy In order to operate and provide the Service, The Mars Generation collects certain information about you.It is The Mars Generation’s policy to respect the privacy of all of its Users and we use and protect that information. For more information, please see our company privacy policy (http://themarsgeneration.org/privacy-policy) 13. Communications from the Service The Mars Generation reserves the right to send email or other forms of communication to you regarding the Service and/or The Mars Generation.
14. Links to Non-The Mars Generation Sites The Mars Generation may have websites linked to or from the Service, including advertisements and promotions of third parties and its affiliated entities. These websites of third parties and affiliated entities linked to or from the Service (“Linked Sites”) are independently owned and maintained by such third parties and affiliated entities, and are not under the control and/or supervision of The Mars Generation. Use of a Linked Site shall be subject to the terms and conditions stipulated by the operator of each Linked Site. The Mars Generation is not responsible for any loss or damage, however caused, in connection with the use of any Linked Site and your access to any of the Linked Sites shall be at your own risk. Nothing contained in the Service shall be interpreted as a recommendation and/or endorsement by The Mars Generation of the contents of the Linked Sites and any products and/or service appeared on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership, recommendation or endorsement between the operators of the Linked Sites and The Mars Generation.
15. Copyrighted Material The Mars Generation respects the intellectual property of others, and requires that its Users do the same. You may not place any material protected by copyright anywhere through the Service without the express written permission of the author or owner of the copyright in such material. The Mars Generation will promptly take down or block access to infringing or allegedly infringing material on its servers if The Mars Generation becomes aware that such material infringes the copyright rights of a third party, whether The Mars Generation identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a User of the Service or a third party. The Mars Generation will contact the User responsible for the User Content and alert him or her of the allegations of infringement and of The Mars Generation’s takedown or blocking of the allegedly infringing material. If the User believes that the removal or blocking of his or her material was the result of a mistake or a misidentification, the User shall provide The Mars Generation a counter-notification establishing the User’s rights to display the material in question, as well as any other information The Mars Generation may request. Upon receipt, The Mars Generation will forward the counter-notification to the party that claims to be the copyright owner. If that party does not file suit to enjoin the alleged infringement, or otherwise satisfy The Mars Generation that the counter-notification is insufficient, in The Mars Generation’s discretion, The Mars Generation may re-post or unblock the material within 14 days (or a reasonable time) after receiving the counter-notification. If the User does not respond to The Mars Generation’s takedown notification, The Mars Generation will takedown or block the User Content. If you believe that your work has been copied in a way that constitutes copyright infringement and appears through the Service, please provide The Mars Generation’s copyright agent, designated below, with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located; Your address, telephone number and e-mail address; 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; and A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Mars Generation
c/o Astronaut Abby
5500 Nicollet Ave
PO Box 19413
Minneapolis, MN 55419-1930 USA
By this notice, The Mars Generation seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States. 16. Indemnity You are responsible for your use of the Service, including your User Content, thus, you agree to indemnify, defend and hold The Mars Generation, its parents, subsidiaries, affiliates, successors, licensors, authorized representatives, suppliers and their officers, directors and employees and Users (“Indemnified Parties”), harmless from and against any and all liability or cost (including reasonable attorneys’ or experts’ fees) incurred by Indemnified Parties in connection with claim arising from: Your use of the Service; Your violation of these Terms; Your violation of a third party’s privacy rights; Your violation or infringement of a third party’s copyright, trademark, trade secret, patent or other intellectual property right; and/or Any libelous or unlawful material contained within your User Content or that you otherwise post and/or upload to the Service. You will cooperate as fully as reasonably required in The Mars Generation’s defense of any claim. The Mars Generation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Mars Generation.
17. Force Majeure The Mars Generation is not liable for any delay or failure in performance resulting, directly or indirectly from causes beyond its reasonable control, including, without limitation, failure or interruption of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties.
18. Termination of Service If you object to any portion of these Terms of Use or any subsequent modification thereto, or become dissatisfied with the Service, or any materials, data, text, images, video, audio, music, sound or other content provided through the Service, or any transaction entered into through the Service, your only recourse is to immediately discontinue use of the Service and notify The Mars Generation of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of these Terms of Use or any dissatisfaction with the Service. The Mars Generation reserves the right, in its sole discretion, to terminate your use of the Service (or any part thereof) or to edit, delete or remove any User Content without prior notice for any reason or no reason in its sole discretion. Any termination under any provision of these Terms of Use may be effected without prior notice, and The Mars Generation may immediately delete and discard all of your User Content, and/or ban any further access to such files through the Service. Upon any termination of your Membership, or of these Terms of Use, your right to use the Service will immediately cease. The Mars Generation will have no obligation thereafter to host or provide access to your User Content, or to forward any materials stored through the Service or any unread or unsent messages. The Mars Generation may retain certain materials for administrative and other reasons.
19. Governing Law; Waiver of Jury Trial These Terms of Use, all transactions hereunder and disputes related hereto of the Service shall be governed by and construed under the law of the State of Minnesota, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over you and The Mars Generation for all disputes. Venue shall lie exclusively and only in the state of Minnesota.
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF USE OR THE SERVICE.You and The Mars Generation agree that any cause of action arising out of or related to the Service must commence within one (1) year from the date the cause of action arose or such cause of action is permanently barred.
20. General In the event of any conflict between these Terms of Use and the Terms of Service and User Agreement for MG in connection with the Service, these Terms of Use will prevail. If a court of competent jurisdiction holds that any provision of these Terms of Use are illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms of Use, with all other provisions remaining in full force and effect.
Any failure by The Mars Generation to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provision unless The Mars Generation acknowledges and agrees to it in writing, and then it shall constitute a waiver of the particular instance. The Mars Generation may assign these Terms of Use to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms of Use without the prior written authorization of The Mars Generation.
Last Updated: 01/09/2017
