We may revise these TERMS from time to time to better reflect:
- Changes to the law,
- New regulatory requirements, or
- Improvements or enhancements made to our Services.
When you use our Services, you provide us with things like your electronic media files, content, contacts, etc. This is “your content”. Your content is your intellectual property (IP). These TERMS do not give SpaceJammit any rights to your content except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting your content, data retention / file storage, and sharing your content when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, electronic media previews, easy sorting and organization, personalization, etc. to help enhance the user experience. To provide these and other features, SpaceJammit accesses, stores, and scans your content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties that SpaceJammit works with.
The Services and all images, software, platforms, tools, graphics, data, text, source code, and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof are the property of SpaceJammit or its third-party licensors and are protected by United States and international intellectual property laws.
You acknowledge that SpaceJammit, the SpaceJammit logo the look and feel of the Services, and any other Product or Service names, logos, or slogans of SpaceJammit contained in the Services are trademarks of SpaceJammit may not be copied, imitated, or used without the prior written permission of SpaceJammit. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
You agree that you will not (i) modify or alter any SpaceJammit Materials; (ii) create derivative works of the SpaceJammit Materials; (iii) decompile, disassemble, decode or reverse engineer SpaceJammit Materials, translate the SpaceJammit Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the SpaceJammit Materials or reduce the SpaceJammit Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the SpaceJammit Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the SpaceJammit Materials to engage in any of the following prohibited activities:
- The collection, copying or distribution of any portion of the SpaceJammit Materials
- Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or SpaceJammit Materials
- Modifying or otherwise making any derivative uses of the Services or SpaceJammit Materials
- Scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services
- With the exception of user content made available by users for download, the downloading of any portion of the SpaceJammit Materials or any information contained therein
- Any use of the Services or SpaceJammit Materials other than for their intended purposes.
You agree not to misuse SpaceJammit services ("Services") or help anyone else to do so unless obtained exclusive written permission from SpaceJammit. This includes but is not limited to the following examples:
- Probe, scan, or test the vulnerability of any system or network
- Breach or otherwise circumvent any security or authentication measures
- Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services
- Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk)
- Send unsolicited communications, promotions or advertisements, or spam
- Send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing"
- Promote or advertise products or services other than your own without appropriate authorization
- Abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions
- Circumvent storage space limits
- Sell the Services unless specifically authorized to do so
- Publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda
- Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment
- Harass or abuse SpaceJammit personnel, representatives, or agents performing services on behalf of SpaceJammit
- Violate the law in any way, including storing, publishing, or sharing material that's fraudulent, defamatory, or misleading
- Violate the privacy or infringe the rights of others
Storing and sharing electronic content requires a user account. To create an account, you must be 15 years of age or older.
- By registering for an account, you represent and warrant that you are at least 15 years of age and that all information you provide at the time of sign up is complete and accurate.
- SpaceJammit reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion.
- If SpaceJammit terminates your account due to inactivity, SpaceJammit will use reasonable efforts to notify you of such termination in advance by emailing such notice to the email address you have specified in your account.
- You agree to keep your registered email addresses and other user related data current and complete, as SpaceJammit may send important notices about your account from time to time.
SpaceJammit considers your user account and information very sensitive information and uses the most recent technology approaches to protect your account. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your electronic devices while logged into the Services. You accept responsibility for all activities that occur under your user account.
You understand and acknowledge that any user content hosted and consequently shared (including any user galleries or other portions of the Services) is accessible to the public and could be accessed, downloaded, indexed, archived, linked to, and republished by others including, without limitation, appearing on other websites and in search engine results. SpaceJammit provides account plans with security options / settings to restrict the sharing of your content. This information can be compared by reviewing the different account plan options.
We use commercially reasonable security measures to protect your user data and your content. We cannot, however, guarantee absolute security of your account, your content, or the user data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. SpaceJammit is not responsible or liable for any third-party access to or use of your content you host and / or share or your user data. You agree to immediately notify SpaceJammit of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to your user data, your content, and any other information you provide to SpaceJammit.
3rd Party Services
SpaceJammit does not indicate affiliation, approval, or control of any Third-Party Services by making such Third-Party Services available via the Services. SpaceJammit makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership, or reliability of Third-Party Services.
Advertisements / Promotions
Occasionally, hosted and shared user content may contain third party advertisements and promotions generated or posted by other users of the Services, SpaceJammit Vendors, or other third-party service providers.
Any of your business dealings or interactions with any third parties, including other users of the Services or SpaceJammit Vendors, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. SpaceJammit does not endorse, approve, or control any such products, Services, advertising, or promotions posted to the Services by its users or the SpaceJammit Vendors or third-party service providers. SpaceJammit is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with any of them or otherwise resulting from the presence of advertisements for third party products and Services included on the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPACEJAMMIT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SPACEJAMMIT MATERIALS AND PRODUCTS.
SPACEJAMMIT DOES NOT REPRESENT OR WARRANT THAT THE SPACEJAMMIT MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM SPACEJAMMIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPACEJAMMIT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. SPACEJAMMIT ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON. Limitation of Liability
Limitation of Liability
IN NO EVENT WILL SPACEJAMMIT OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR SPACEJAMMIT MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM SPACEJAMMIT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SMUGMUG’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF SPACEJAMMIT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR SPACEJAMMIT MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO SPACEJAMMIT FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The arbitrator will not be bound by rulings in prior arbitrations involving different SpaceJammit users but is bound by rulings in prior arbitrations involving the same SpaceJammit user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND SpaceJammit AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPACEJAMMIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SPACEJAMMIT USERS.
SpaceJammit is located in the State of Delaware in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with SpaceJammit occur in the United States. SpaceJammit users may not have full services outside of the United States. You are responsible for compliance with all applicable laws, rules, and regulations applicable to your use of the Services.
Subscription Plans and Commissions
SpaceJammit offers a variety of account plans designed to reflect the diverse needs of our users, each with its own features, descriptions, benefits, and functionality. A description of each account plan that is currently offered by SpaceJammit is available at www.spacejammit.com. By signing up and agreeing to purchasing a subscription,
- You agree to pay all applicable subscription fees and other charges in accordance with your selected account plan, pursuant to the renewal and termination provisions described below (including any applicable taxes, such as sales tax), and
- You agree that you are only entitled to the features and services applicable to the account plan that you select at the time you purchase a subscription.
You may not transfer or assign your subscription to another individual, entity or SpaceJammit user unless such transfer or assignment is expressly permitted by the TERMS of your account plan.
SpaceJammit commission program is bound by the individual, entity, or group’s individualized commission contract. Relevant information needed to transmit funds and submit necessary tax forms are required to be compensated for any commissions under the commission program.
Term and Automatic Renewal
Your subscription is valid commencing on the date in which SpaceJammit provides you with access to the Services pursuant to its receipt of your valid Payment Information (the “Commencement Date”) and will last for the duration of the term that you select at the time of your registration for SpaceJammit Services.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR SPACEJAMMIT PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION. YOU MAY CHANGE YOU TERM IN YOUR ACCOUNT PROFILE / MISSION CONTROL. ANY NEWLY SELECTED TERM RESETS THE COMMENCEMENT DATE WITH ALL OTHER AUTOMATIC RENEWAL PROCESSES ENFORCED.
You agree that upon such renewal, the payment method selected at time of registration will be billed the applicable subscription fee for your account plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your subscription. If your automatic renewal experiences a failure, is cancelled, is declined, or is rejected by your billing provider, SpaceJammit may cancel your services.
You acknowledge that the amount of the recurring charge at the time of subscription renewal may differ from the subscription fees you originally paid for the SpaceJammit Services if: (i) the subscription fee for your account plan changes during your applicable subscription term, or (ii) if you change your account plan or subscription term during the previous subscription term (iii) if you add additional services selected after the commencement date (SpaceJammit reserves the right to make these additional services separate billing transactions). SpaceJammit will notify you of any changes to the subscription fee prior to the date on which your subscription term will renew. You hereby agree to any such revised subscription fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the SpaceJammit Services.
Cancelation and Termination of Services
You may request to cancel or terminate your account plan at any time. Cancelation requests can be submitted in the SpaceJammit app or through the web browser interface. Termination requests can be submitted through the FAQ section. SpaceJammit will send an email confirming receipt of the cancel or terminate request and may request additional information from you prior to canceling or terminating your account plan. User plans are not eligible for refunds.
Unfortunately, there are some situations where SpaceJammit will be forced to terminate your account plan. In these scenarios, SpaceJammit reserves the right to suspend or terminate your access to the Services with notice to you if:
- You are in breach of these TERMS,
- Your use of the Services would cause a real risk of harm or loss to us or other users,
- Have not accessed our Services for 12 consecutive months, or
- You are in violation of Acceptable Use guidelines.
SpaceJammit will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your content from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.
We will not provide notice before termination where:
- Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- We are prohibited from doing so by law.
Data retention and deletion will be followed, dictated, and executed by user plan guidelines. SpaceJammit uses third party vendors to host and store any media that is uploaded to SpaceJammit. We may require our vendors to maintain certain data standards with respect to your user content, but SpaceJammit does not guarantee that your user content will be always secure and/or available during the subscription term. SpaceJammit does not guarantee that your user content will be available on the Services after the termination of your account plan, irrespective of the reason for such termination. Please note that when user content or other files are deleted (or your account is cancelled), those files will be deleted based on the type of request as outlined below:
For cancelation requests – Files will be deleted at the end of the renewal period and user files will be permanently deleted (irrecoverable) 75 days after the renewal period ends. Between now and the end of the subscription plan, users will have the opportunity to download their files.
For terminate requests – Files will be deleted at the end of the renewal period and will be permanently deleted (irrecoverable) after the renewal period ends which will be 15 days post the termination date.
Questions and Comments
Our goal is for each user to be happy with the SpaceJammit experience. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please send correspondence on technical questions to email@example.com and general support questions to firstname.lastname@example.org.
Revision Date: 2/2/2022