PLEASE REVIEW BEFORE USING THIS SITE
These terms and conditions apply to your use of the website at www.viaspace.com (the “Site”), operated by VIASPACE Inc., a Nevada Corporation with its principal place of business at 2102 Business Center Dr., Suite 130 Irvine, CA 92612, and its subsidiaries (referred to below as “VIASPACE”,” “we,” “our” and “us”).
1. VIASPACE’S RIGHT TO MODIFY OR DISCONTINUE THE SITE
1.1 You acknowledge that VIASPACE reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
2. VIASPACE’S INTELLECTUAL PROPERTY RIGHTS
2.1 Our Site is owned and operated by us. All materials appearing on our Site, including the text, Site design and underlying computer code, data, graphics, logos, marks, icons and images, as well as the selection, assembly and arrangement thereof (collectively, our “Content”), and the software, hardware or other technology used to operate or underlying our Site, and all patent, trade secret, know-how, copyright, trademark, or service mark rights therein, are the sole property of VIASPACE or our licensors or content providers.
2.3 Certain trade names, trademarks, service marks, or other designations of origin appear on our Site. You may not use any VIASPACE mark unless you have received our prior written permission. You may not use any third party mark that appears on our Site unless you have received prior written permission from the third party who is authorized to give such permission.
3. YOUR USE OF INFORMATION AVAILABLE ON THE SITE
3.1 Unless otherwise noted in a particular document, VIASPACE hereby authorizes you to electronically copy or print in hard copy any document published by VIASPACE on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by VIASPACE without prior written approval from VIASPACE or the appropriate supplier or licensor is strictly prohibited.
3.2 Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
3.3 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
4. LINKS TO THIRD PARTY SITES
4.1 Any links to third party sites are provided solely for your convenience. Such sites are not under the control of VIASPACE, and VIASPACE is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
5. SUSPENSION AND TERMINATION OF ACCESS TO THE SITE
6.1 We welcome all comments and feedback (“Feedback”), that you may wish to submit to us through or in conjunction with our Site. Please note that your feedback shall be considered non-confidential and we shall be free to use your feedback on an unrestricted basis. By submitting your feedback to us, you agree give us a perpetual, irrevocable, royalty-free, and worldwide license, under all copyrights and any other intellectual property rights in or underlying your feedback, to use your feedback in any manner that we see fit.
7.1 THE FOLLOWING DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: WHILE WE TRY TO PROVIDE ACCURATE, UP-TO-DATE INFORMATION, INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH FEATURE OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. EXCEPT AS EXPRESSLY STATED HEREIN, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO (I) OUR CONTENT OR (II) ANY SERVICE OFFERED THROUGH OUR SITE; INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR VIRUS-FREE.
7.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
8. LIMITATION OF LIABILITY
8.1 THE FOLLOWING EXCLUSIONS AND LIMITATION OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: VIASPACE, AND ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR YOUR RELIANCE ON ANY INFORMATION CONTAINED IN THIS SITE OR ANY LOSS ARISING FROM YOUR USE OF THIS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
8.2 Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. APPLICABLE LAW
9.2 We make no representations that the content in our Site is appropriate for access outside of the USA. Those who choose to access our Site from outside the USA do so on their own initiative and are responsible for compliance with local laws.
11. ENTIRE AGREEMENT
12. HOW TO CONTACT US
If you have any comments or questions, please contact us at firstname.lastname@example.org or write to us at:
2102 Business Center Dr., Suite 130
Irvine, CA 92612
Last revised: May 2009