Terms of Service
ELYSIUM SPACE – TERMS OF SERVICE
1. DEFINITIONS
“Elysium Space” means Elysium Space, Inc., whose principal place of business is at 95 3RD ST, FL 2, San Francisco, CA 94103.
“Service” or “Services” means Elysium Space’s products, software, services, tools and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. Elysium Space collects and stores the following types of Personal Information:
(i) “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
(ii) “User Content” is all information, data, text or other materials transmitted, whether publicly or privately, to or through Elysium Space.
(iii) “Web Behavior Information” is information on how you use the Elysium Space website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
“Website” means the website available at https://elysiumspace.com.
2. OVERVIEW
a. Acceptance of Terms
Your use of Elysium Space’s Services (excluding any services provided by Elysium Space under a separate agreement) is subject to the terms of the legal agreement between you and Elysium Space set forth in these Terms of Service (“Terms”). Except as specified herein, these Terms apply to any use of the Services. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Services.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. By accessing or using any part of the Website or Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. In addition, when using particular Elysium Space Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Elysium Space also may offer other services from time to time that may be governed by different terms of service.
b. Updates or Changes to the Terms
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Any new features or tools which are added to the Website shall also be subject to these Terms of Service.
c. Requirements to Use the Services
You may not use the Services and may not accept the Terms if (1) you are not of legal age to form a binding contract with Elysium Space, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
3. THE SERVICES
a. Description
Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms. You acknowledge and agree that the Services are provided “AS-IS”. You acknowledge and agree that the form and nature of the Services which Elysium Space provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Elysium Space may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Elysium Space’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Elysium Space when you stop using the Services unless you are requesting closure of your account. Elysium Space assumes no responsibility for the use of Services not in accordance with these Terms or other applicable terms.
b. General Practices Regarding Use and Storage
You acknowledge that Elysium Space may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by Elysium Space, the maximum disk space that will be allotted on Elysium Space’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
You acknowledge and agree that Elysium Space has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services. You further acknowledge that Elysium Space reserves the right to change these general practices and limits in its sole discretion.
c. General Practices Regarding Urn and Keepsake Products
i. Shipping Charges. Shipping charges are calculated based on size, weight, and ship-to-location. Several shipping methods are available and costs will depend upon your needs. Most orders are shipped via FedEx with tracking numbers and signature-required delivery.
ii. Return Policy. Due to the nature of our uniquely personalized urns and keepsakes, all sales are final and we are unable to offer refunds of any kind. However, defective and non-engraved products can be exchanged for other products or credit towards other Elysium Space purchases within 48 hours of delivery. Returned items must be in new condition, unused, with the original packaging intact. All returns must be approved beforehand. Please contact us to request a return authorization number via email at [email protected]. A legible note including the return authorization number must accompany any return. Elysium Space will not assume responsibility for reimbursement or compensation of return packages lost in transit without proof of delivery to Elysium Space. If all of the criteria is not met, items will be shipped back to the customer. The customer assumes both the return shipping cost to Elysium Space and the replacement item shipping cost, unless the item is found to be defective.
iii. Sales Tax. We collect sales tax on all orders shipped to addresses in California State. Residents in other states are responsible for complying with local state tax laws. International orders may be subject to additional duty, taxes, etc.
iv. Cancellation. Elysium Space reserves the right to cancel any order at any time due to material shortages, supplier delays, potential or suspected fraud, incorrect pricing issues, or any other issue that will impact our ability to provide you with a premium urn or keepsake. In the event of a cancellation, we will reissue the credit to your credit card in the amount of your purchase.
d. Modifications to the Service
Elysium Space reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that Elysium Space shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Elysium Space. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Elysium Space to deliver these to you) as part of your use of the Services.
4. USER REPRESENTATIONS
By accessing the Services, you agree to, acknowledge, and represent as follows:
a. You represent that you are eighteen (18) years of age or older.
b. You understand that all your Personal Information will be stored in Elysium Space databases and will be processed in accordance with the Elysium Space Privacy Statement.
c. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.
In event of a breach of any one of these representations, Elysium Space has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Elysium Space and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
5. CUSTOMER ACCOUNT, PASSWORD, and SECURITY OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Elysium Space has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Elysium Space has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To purchase or access certain services from Elysium Space, you will be required to create an account and designate a password. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Website through your username and password, you will defend and indemnify Elysium Space and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Elysium Space of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Elysium Space cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. ELYSIUM SPACE PRIVACY POLICY AND DISCLOSURE OF INFORMATION
In order to use the Services, you must first acknowledge and agree to the Elysium Privacy Policy available at https://elysiumspace.com/pages/privacy-policy (“Privacy Policy”). You may not use the Services if you do not accept the Privacy Policy. By accessing or using any part of the Website or Services, you agree to be bound by the Privacy Policy. If you do not agree to the Privacy Policy, then you may not access the Website or use any Services.
From time to time, Elysium Space may update the Privacy Policy to reflect feedback from our users or changes to company policy. If there are material changes to the Privacy Policy or how Elysium Space uses your personal information, we will prominently post the changes prior to the new policy taking effect. We encourage you to review the Privacy Policy occasionally to ensure that you are familiar with Elysium Space’s current policy.
You acknowledge and agree that Elysium Space has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Elysium Space Services, Website, or other systems. You acknowledge and agree that Elysium Space is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Elysium Space may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Elysium Space Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Elysium Space, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices.
Elysium Space may, in its sole discretion, restrict access to the Website for any reason.
Please refer to our Privacy Policy to read about how your information is protected and used by Elysium Space.
7. LIMITED LICENSE
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Elysium Space, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the content presented to you as part of the Services, whether original Elysium Space Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Elysium Space and/or the sponsors who provide that content to Elysium Space (or by other persons or companies on their behalf). Elysium Space grants you a limited license to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this limited license on the website, provided you: (i) provide the Services content as it appears on the Website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: “© Elysium Space, Inc. All rights reserved; distributed pursuant to a Limited License from Elysium Space”; (iii) agree you have no right to offer anyone else any further right with respect to this Services content (“Limited License”). Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Elysium Space or by the owners of that content, in a separate agreement.
8. UNLAWFUL AND PROHIBITED USES
As a condition of your use of the Services, you warrant to Elysium Space that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (a) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (b) impersonate any person or entity, including, but not limited to, anyone affiliated with Elysium Space, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) “stalk” or otherwise harass another; (e) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (g) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Elysium Space or any other party; (h) harm minors in any way; (i) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (j) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (k) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (l) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (m) violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Elysium Space; or (n) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Elysium Space has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Elysium Space may suffer) of any such breach. If you violate the terms of this Section 8 (Unlawful and Prohibited Uses) and/or Elysium Space has a reasonable ground to suspect that you have violated the terms of this section, Elysium Space has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) and you will defend and indemnify Elysium Space and its affiliates against any liability, costs, or damages arising out of the breach.
9. EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content and that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Elysium Space’s Services online.
10. MATERIAL POSTED THROUGH THE SERVICE
Elysium Space will not, at any time, control any User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Elysium Space content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Elysium Space be liable in any way for any non-Elysium Space content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Elysium Space and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Elysium Space and its designees shall have the right to remove any content that violates the Terms or is deemed by Elysium Space, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
11. MATERIAL PROVIDED TO ELYSIUM SPACE – YOUR PROPRIETARY RIGHTS
Elysium Space does not claim ownership of the User Content you provide to Elysium Space (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Elysium Space, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 7 (Limited License) above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Elysium Space to make such User Content available to other companies, organizations, or individuals with whom Elysium Space has relationships, and to use such User Content in connection with the provision of those services.
You understand that Elysium Space, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Elysium Space to take these actions. You represent and warrant to Elysium Space that you have all the rights, power, and authority necessary to grant the above license.
12. ELYSIUM SPACE’S PROPRIETARY RIGHTS
a. You acknowledge and agree that Elysium Space (or Elysium Space’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
b. You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Elysium Space, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Elysium Space and/or its suppliers. Your use of any such Software shall be governed by the terms of a separate end user license agreement, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
c. For any Software not accompanied by a License Agreement, Elysium Space grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Elysium Space, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Elysium Space, in the manner permitted by the Terms. Unless Elysium Space has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Elysium Space for use in accessing the Service. Any rights not expressly granted herein are reserved.
d. Elysium Space, Inc., Elysium Space, and other Elysium Space logos and product and service names are trademarks of Elysium Space and these marks together with any other Elysium Space trade names, service marks, logos, domain names, and other distinctive brand features are the “Elysium Space Marks”. Unless you have agreed otherwise in writing with Elysium Space, other than through the Limited License in Section 7 (Limited License), nothing in the Terms gives you a right to use any Elysium Space Marks and you agree not to display, or use in any manner, Elysium Space Marks.
e. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
f. Unless you have been expressly authorized to do so in writing by Elysium Space, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
13. INDEMNITY
You agree to defend and hold Elysium Space, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) User Content you submit, post to, or transmit through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of these Terms; or (e) your violation of any rights of another.
14. NO RESALE OF SERVICE
Other than pursuant to the terms of the Limited License in Section 7 (Limited License) of these Terms or unless otherwise agreed in a separate agreement between you and Elysium Space, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
15. TERMINATION
These Terms will continue to apply until terminated by either you or Elysium Space as set out in this Section.
a. Termination by User
If you want to terminate your legal agreement with Elysium Space, you may do so by notifying Elysium Space at any time in writing, which will entail closing your account for all of the Services that you use. Your notice should be sent via email to the following address: [email protected]. Elysium Space will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
b. Termination by Elysium Space
(i) Elysium Space may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s) if: (1) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Elysium Space is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Elysium Space offered the Services to you has terminated its relationship with Elysium Space or ceased to offer the Services to you; (4) Elysium Space is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Elysium Space is, in Elysium Space’s opinion, no longer commercially viable.
(ii) If you violate the terms of these Terms and/or Elysium Space has a reasonable ground to suspect that you have violated the terms of these Terms, Elysium Space has the right to suspend or terminate your account without notice and refuse any and all current or future use of the Services (or any portion thereof). Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Elysium Space shall not be liable to you or any third party for any termination of your access to the Services.
16. THIRD PARTY PROVIDERS
a. The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Elysium Space has no control over such sites and resources, you acknowledge and agree that Elysium Space is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Elysium Space shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
b. Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or third party resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Elysium Space shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
17. DISCLAIMER OF WARRANTIES
a. Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELYSIUM SPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) ELYSIUM SPACE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELYSIUM SPACE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. ELYSIUM SPACE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, ELYSIUM SPACE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
18. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. ELYSIUM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE 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, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ELYSIUM SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
UNDER NO CIRCUMSTANCES WILL ELYSIUM SPACE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. Elysium Space may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to these Terms must be sent to us at:
Elysium Space, Inc.
Attn: Chief Executive Officer
95 3RD ST, FL 2
San Francisco, CA 94103
Additionally, Elysium Space accepts service of process at this address. Any notices that you provide without complying with this section on Notices shall have no legal effect.
20. CHANGES TO THE TERMS
Elysium Space may make changes to the Terms from time to time. When these changes are made, Elysium Space will make a new copy of the Terms available on the Website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, Elysium Space will treat your use as acceptance of the updated Terms.
21. MISCELLANEOUS
a. Entire Agreement. The Terms constitute the entire agreement between you and Elysium Space and govern your use of the Services, superseding any prior agreements between you and Elysium Space on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
b. Applicable Law. Any disputes with Elysium Space arising out of or relating to the Agreement (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Elysium Space, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
c. Waiver. The failure of Elysium Space to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
d. Survival of Terms. The following provisions shall survive expiration or termination of the Terms: Section 4 (User Representations), Section 6 (Elysium Space Privacy Policy and Disclosure of Information), Section 8 (Unlawful and Prohibited Uses), Section 11 (Material Provided to Elysium Space – Your Proprietary Rights), Section 12 (Elysium Space’s Proprietary Rights), Section 13 (Indemnity), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 21(d) (Survival of Terms), and Section 21(e) (Term for Causes of Action).
e. Term for Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose.
f. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
g. Severability Clause. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
h. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at the Website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination).
i. Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Elysium Space for any third party that assumes our rights and obligations under this Agreement.