terms of services
Introduction
Welcome to Spacelocker.com. It is important that you read the following Terms of Service Agreement (“Agreement”) carefully before proceeding or using any services whatsoever made available to you (“Member”) by Spacelocker through http://spacelocker.com . By completing the sign up and registration procedure for the Spacelocker website you are representing that you are 13 years of age or older, and you can and will be legally bound by this Agreement. If you are a minor, you must have your parent or guardian read and accept the terms of this Agreement before you can proceed to sign up with Spacelocker. No Member can participate in the Spacelocker website if doing so would be prohibited by any applicable law or regulation.
Services
As a Member of Spacelocker you will be entitled to use the functions on the Spacelocker website (“Services”) free of charge. Spacelocker shall have the right to modify, enhance, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at its sole discretion, with or without notice to Members, and with no obligation to Members.
Change to the Terms of Service.
Spacelocker reserves the right to change, modify, or amend any portions of these Terms of Service at any time, for any reason, or no reason at all, at its sole discretion, without further notice, and without any obligation to the Member. Spacelocker will publish the most recent version of these Terms of Service on the Spacelocker website. It is the Members sole responsibility to keep themselves apprised of any changes, modifications or amendments. IF ANY CHANGE, MODIFICATION OR AMENDMENT IS UNACCEPTABLE TO YOU, YOU SHOULD STOP USING SPACELOCKER, TERMINATE YOUR REGISTRATION WITH THE SPACELOCKER WEBSITE, AND NOTIFY SPACELOCKER OF YOUR TERMINATION. YOUR CONTINUED USE OF SPACELOCKER WILL CONSTITUTE YOUR TACIT AND BINDING ACCEPTANCE OF ANY CHANGE MODIFICATION, OR AMENDMENT MADE BY SPACELOCKER.
Privacy Policy
Spacelocker takes your privacy very seriously. The use of personal information is governed by this Agreement and Spacelocker’s Privacy Policy. A Member's use of the Spacelocker website or the Services signifies an acceptance of, and agreement to, Spacelocker’s Privacy Policy. Members further acknowledge and agree that Spacelocker may disclose Member's personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Spacelocker, its employees, members and third parties, and the public, or as otherwise described in the Privacy Policy.
Members Account
The information you submit to register as a Spacelocker Member must be true and complete. Once you register with Spacelocker you will have an account and password with Spacelocker. The Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, the Member is entirely responsible for any and all activities that occur in the Member's account. The Member agrees to immediately notify Spacelocker of any unauthorized use of Member's account or any other breach of security known to Member.
Any username that maybe selected by a Member that impersonates someone else that is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or inappropriate may have their membership terminated at the sole discretion of Spacelocker.
Where prohibited, membership in Spacelocker is void. Spacelocker is intended solely for users who are 13 years of age or older. Any registration by, use of, or access to Spacelocker by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using Spacelocker, you represent and warrant that you are 13 or older and that you agree to abide by all of the Terms of Service of Spacelocker.
Member Conduct and Appropriate Content
Spacelocker is made available only for your personal, non-commercial, legal, authorized use. International users agree to comply with all local laws regarding online conduct and acceptable content, including laws regulating the export of data from any country. Your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Spacelocker website is your sole responsibility.
Spacelocker may remove any and all materials we determine in our sole discretion to be unlawful, objectionable, or violate any party's intellectual property or other proprietary rights or these Terms of Service. Further, Members are obligated to check and verify the accuracy or truthfulness of any materials, or any Member's use of Spacelocker.
Conditions For Use
Membership in Spacelocker is subject to all relevant local, regional, national and international laws and regulations. You agree to be responsible for all acts that occur under your account including the content of your transmissions through Spacelocker. Spacelocker reserves the right, but does not assume any responsibility, to monitor the Services to enforce this Agreement. Nor does Spacelocker guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Spacelocker, at its sole discretion, may terminate your access to and use of the Spacelocker website or Services, require you to remedy such violation, and/or take any other actions that Spacelocker deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Spacelocker reserves the right to terminate your access to and use of the Spacelocker website and Services if, in our view, your conduct fails to meet any of the flowing guidelines:
1. Member shall not defame, abuse, harass, stalk, threaten or otherwise violate rights of others.
2. Member shall not publish, and/or distribute any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or otherwise objectionable material or information.
3. Member shall not use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
4. Member shall not submit Materials that are unlawful or promote or encourage illegal activity or that violates the property rights of others.
5. Member shall not submit any third party Materials without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Spacelocker.
6. Member shall not create a false or misleading identity of, including, but not limited to, any Spacelocker employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
7. Member shall not transmit, email or post any material that contains in any form software viruses or such harmful programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Member shall not use Spacelocker in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
9. Member shall not attempt to gain unauthorized access to Spacelocker, other accounts, computer systems or networks connected to Spacelocker, by password mining or by any other means.
10. Member shall not modify, adapt, translate, or reverse engineer any portion of Spacelocker, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or Spacelocker.com.
11. Member shall not reformat or frame any portion of the web pages that are part of Spacelocker.com.
12. Member shall not disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
13. Member shall not remove any copyright, trademark, or other proprietary rights notices contained in or on Spacelocker.
14. Member shall not disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation whatsoever.
15. Member shall not interfere with another Member's use and enjoyment of Spacelocker.
16. Member shall not post content that displays pornographic or sexually explicit material of any kind.
17. Member shall not use any portion of the Spacelocker website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
18. Member shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
19. Member shall not harvest or collect email addresses or other contact information of Members, including usernames, from the Spacelocker website by electronic or other means.
20. Member shall not in any way refer to email addresses that in any way may negatively compromise Spacelocker, its Members, or anyone related thereto.
21. Member, while using Spacelocker and its Services, shall conduct themselves in a respectable, moral, and legal manner.
All decisions, judgments or conclusions regarding the applicability of these guidelines shall be the sole and exclusive jurisdiction of Spacelocker. Furthermore Spacelocker may take any action it sees fit, in its sole and exclusive discretion, to remedy any breach of these guidelines; without warning and without notice to a Member.
Emailing
Members agree to receive any form of email messages from Spacelocker. Furthermore, Members agree that email addresses in their Spacelocker address book and other personal information may be used by Spacelocker for the purpose of initiating any form of email messages.
Proprietary Rights
Member acknowledges that messages, designs, files or other materials ("Content") contained on the Spacelocker website and within Spacelocker email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Spacelocker and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Spacelocker Content or third party Content only as expressly authorized by Spacelocker or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Spacelocker Content or third party Content without expressly being authorized to do so by Spacelocker or the third party advertiser.
Spacelocker does not claim any ownership rights in any Content that Members submit, post, or display on or through Spacelocker or on the Spacelocker Web site. However by providing content to Spacelocker, Members absolutely grant, and represent and warrant that they have the right to grant, to Spacelocker, free of charge, a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.
You acknowledge the posting of your materials on or through Spacelocker does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through Spacelocker.
Spacelocker Ltd and its affiliates and licensors own and retain all rights in the Spacelocker website, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, (6) audio and (7) design presented through and as part of Spacelocker by Spacelocker.com. Except as expressly authorized by Spacelocker, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Spacelocker's proprietary information. 'Spacelocker' and 'Spacelocker.com' are trademarks of Spacelocker Ltd.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Spacelocker respects the intellectual property rights of others and will terminate any user's access to the Spacelocker website according to these Terms of Service if Spacelocker is notified that such user's activities infringe upon the rights of third parties on more than one occasion. If you believe that any work has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out below:
1. Statement that you have identified material on the Spacelocker website that infringes your copyright (or the copyright of a third party on whose behalf you are entitled to act)
2. Description of the copyrighted work that you claim has been infringed, which includes the type of work (e.g., a book or a sound recording) and any relevant further details (e.g., the title and publication date)
3. The country or countries to which your copyright applies.
4. Description of the way in which the copyright material has been infringed.
5. Description of where the material that you claim is infringing is located on the Spacelocker.com web site (including a URL and/or screen shot)
6. Your address, telephone number, and email address so that we can contact you.
7. The contact details you would like us to provide to the alleged infringer so they can contact you directly, to attempt to resolve the complaint.
8. Your statement that you believe that the disputed use of the copyright work is not authorized by the copyright owner (or by someone who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
9. Your statement, made under penalty of perjury, that the above information in the Notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
10. Electronic or physical signature (which can be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, send it to:
Spacelocker Ltd, 26 York Street, London W1U 6PZ, United Kingdom by registered mail.
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Spacelocker. This 'notice and takedown' process is regulated by statute. Falsely alleging copyright infringement or sending a Notice to Spacelocker in bad faith may result in negative consequences and penalties.
If you believe that any material that you have uploaded onto the Spacelocker.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you can file a counter-notice by sending a written communication that includes the following information, in the same order as is set out in (i) to (iv) below:
1. Specific details including the location of the material that has been removed or to which Spacelocker has disabled access.
2. Your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Spacelocker with the complaint.
3. Your statement that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed.
4. An electronic or physical copy of your signature (which can be a scanned copy).
When you have completed the Counter-Notice, send it to:
Spacelocker Ltd at 145-157 St John Street, London EC1V 4PY, United Kingdom by registered mail.
Be sure of your rights regarding your material. This 'Notice and Takedown' process is regulated by statute.
Internet/WAP Access
Spacelocker is not responsible for any connection or access to the Spacelocker website by you or the quality of the transmission of any information passing between you and the website and is not responsible for any reduced functionality resulting from, or in connection with, your use of Spacelocker via WAP.
Termination of Your Account
These Terms of Service apply to your use of Spacelocker. At any time, you can terminate your account, which will remove your profile and other personal information from view. To cancel your account with Spacelocker please contact Spacelocker using our contact form and we will verify your request, and cancel your account on your confirmation. Spacelocker may terminate your membership immediately at any time, for any reason, or no reason at all, with or without notice to Members, and with no obligation to Members. Once your membership is terminated, your right to use Spacelocker ends. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions will survive any termination of your membership. You also agree these terms of service and the terms and conditions in the privacy policy shall survive the termination of your account with Spacelocker and they shall apply with equal force as if you were still a Member of Spacelocker.
Member shall have no right and Spacelocker will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
You agree that any termination of access to Spacelocker under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Spacelocker may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Spacelocker. Further you agree that Spacelocker will not be liable to you or any third party for any termination or suspension of access to Spacelocker or modification of Spacelocker.
Disclaimer of Warranties
Spacelocker Ltd, its agents or its entities ('Spacelocker') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on Spacelocker.
Spacelocker further expressly disclaims (1) that Spacelocker will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that Spacelocker or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of Spacelocker or the content made available as part of Spacelocker will be correct, accurate, timely, or otherwise reliable.
Spacelocker expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of Spacelocker input by other Members is correct or accurate.
SPACELOCKER, ON BEHALF OF ITSELF AND ITS LICENSEES, PROVIDES SPACELOCKER, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH SPACELOCKER), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SPACELOCKER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
Hold Harmless and Indemnify
You agree to hold harmless and indemnify, and at Spacelocker's request defend, Spacelocker, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any claim arising from or in any way related to your use of or conduct on Spacelocker.com, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Spacelocker will provide you with written notice of such claim, suit, or action.
Limitation of Liability
YOUR USE OF SPACELOCKER IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SPACELOCKER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, SPACELOCKER, WHETHER OR NOT SPACELOCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SPACELOCKER, FROM INABILITY TO USE SPACELOCKER, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SPACELOCKER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH SPACELOCKER OR ANY PART OF SPACELOCKER, DISCONTINUE USING SPACELOCKER AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES WILL SPACELOCKER BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SPACELOCKER OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS APPLY TO YOU ONLY IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE PERMITTED.
Disputes
Any controversy or claim arising out of or relating to this Agreement, Spacelocker, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of Malta. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Valletta, Malta, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Spacelocker may seek any interim or preliminary relief from a court of competent jurisdiction in Malta necessary to protect the rights or property of you or Spacelocker (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If there is a dispute between participants on this site, or any third party, Spacelocker is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Spacelocker, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Notices
Spacelocker may provide you with notices regarding Spacelocker.com or these Terms of Spacelocker Service by regular mail, email, or postings to your Spacelocker account.
Governing Law
This Agreement and the relationship between Member and Spacelocker shall be governed by the laws of Malta without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Spacelocker, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Spacelocker makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.
Miscellaneous
The term “Spacelocker “encompasses and refers, where appropriate, jointly or severally, to Spacelocker, Spacelocker Ltd, Spacelocker.com, http://spacelocker.com , its parents, subsidiaries, and affiliates and their respective owners, officers, managers, members, agents and employees.
You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each Spacelocker affiliate is express and intended third party beneficiary of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as Spacelocker.
Without limiting the foregoing, under no circumstances shall Spacelocker be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Entire Agreement
These Terms of Service constitute the entire agreement between you and Spacelocker with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
Spacelocker Contact
Spacelocker Ltd is a private registered company, and carries on its business from its headquarters in Malta. If you have any questions about these Terms of Service you may contact Spacelocker Ltd at its contact address at 145-157 St John Street, London EC1V 4PY, United Kingdom or click on the Spacelocker online contact form here