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Terms of Use


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”).

YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT AND ARE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS (OUR “TERMS OF USE”) AND OUR PRIVACY POLICY [INSERT LINK]. IF YOU DO NOT WISH TO ACCEPT OUR TERMS OF USE AND/OR OUR PRIVACY POLICY, YOU MUST NOT SUBMIT ANY INFORMATION TO US AND YOU MUST LEAVE THIS SITE IMMEDIATELY.

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.

2.2 Our Content is protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a single copy of individual pages of our Site for your own personal use only, provided that you keep intact all copyright and other proprietary notices. Except as expressly provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any of our Content in whole or in part without our prior written permission. If you wish to request permission to reprint or reproduce any of our Content, you may contact us at webmaster@viaspace.com.

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.

2.4 Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of VIASPACE, its suppliers or licensors, or any other third party.

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

5.1 If we believe that you have used our Site in a manner that is inconsistent with these Terms of Use, or that you have violated our rights or the rights of another user, or any applicable law or regulation, we may immediately suspend or terminate your access to our Site without prior notice and at our sole discretion.

5.2 You acknowledge that violations of these Terms of Use could make you subject to criminal or civil penalties.

6. FEEDBACK

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. DISCLAIMERS

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

9.1 You agree that any legal action brought in connection with these Terms of Use, the use of our Site, or any transactions relating to our Site, shall be solely and exclusively governed by and resolved under the laws of the State of California, USA, without applying any law that would result in the application of a different body of law. You agree that the sole and exclusive jurisdiction and venue for any dispute arising in connection with these Terms of Use, the use of our Site, or any transactions relating to our Site, shall be the federal or state courts located in Los Angeles County, California, USA. Notwithstanding anything herein express or implied to the contrary, we reserve the right to seek injunctive relief and enforce judgments in any court of competent jurisdiction, wherever located.

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.

9.3 If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

10. INDEMNITY

10.1 You shall indemnify, defend and hold VIASPACE, and our affiliates, officers, directors, agents and employees, harmless from and against any claim, demand, loss, damages, cost or liability of any kind, including reasonable attorneys’ fees relating in any way to your breach of these Terms of Use or your use of our Site or our content.

11. ENTIRE AGREEMENT

11.1 These Terms of Use and our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use, sets forth the sole, final and entire agreement and understanding of you and us relating to the subject matter contained herein and merges all prior discussions and agreements between you and us.

12. HOW TO CONTACT US

If you have any comments or questions, please contact us at info@viaspace.com or write to us at:

VIASPACE Inc.
2102 Business Center Dr., Suite 130
Irvine, CA 92612

13. CHANGES TO THESE TERMS OF USE

13.1 We reserve the right to change, modify, add or remove portions of these Terms of Use at any time, but will alert you that changes have been made by indicating on these Terms of Use the date they were last updated. When you visit this Site, you are accepting the current version of these Terms of Use as posted on the Site at that time. We recommend that users re-visit these Terms of Use on occasion to learn of any changes.

Last revised: May 2009