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STARPORT by Spacetwin Systems, LLC

Application Terms of Use

 

THESE TERMS OF USE (the “Agreement”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (referenced herein as “you” or with “your”) and SPACETWIN SYSTEMS, LLC, INC. ("Spacetwin Systems, LLC," "we," "us") THAT APPLIES EACH TIME YOU USE OR ACCESS (1) THE WEBSITES AVAILABLE AT www.spacetwin.systems, www.starport.systems, parseapi.back4app.com (2) SPACETWIN SYSTEMS, LLC FOR TRANSFER, RECOMMENDER FORMS, AND OTHER FEATURES AND SERVICES, (3) AUTHORIZED MOBILE PHONE APPLICATIONS, AND (4) ANY WEBPAGES, PORTALS, APPLICATIONS, FEATURES, AND CONTENT ASSOCIATED WITH ANY OF THE FOREGOING (each individually and all collectively, “Starport”) SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE. YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF STARPORT AND ITS FUNCTIONALITY. IN PARTICULAR, THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL, AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE STARPORT AND ARE INSTRUCTED TO EXIT AND/OR UNINSTALL STARPORT IMMEDIATELY. 

 

We reserve the right at any time to: 

  • Change the terms and conditions of this Agreement; 

  • Change Starport, including eliminating or discontinuing any content on or feature of Starport; or 

  • Change any fees or charges for use of Starport or any Materials. 

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You acknowledge and agree that we reserve the right to modify this Agreement at any time. Any changes we make to this Agreement will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation by posting an updated version on this webpage, providing an updated version on Starport, or notifying you by electronic mail. Your continued use of Starport following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. 

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1. Starport and Related Materials 

Starport includes: (1) Spacetwin Systems, LLC services and websites available at the URLs listed above; (2) related content and materials provided through and/or in connection with the foregoing, including any data, text, graphics, images, audio and video clips, logos, icons, links, applications, portals, and features provided in connection therewith (such items together with Spacetwin Systems, LLC Works collectively, the “Materials”); and (3) any updates, versions, improvements, enhancements, or modifications of any of the foregoing. 

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2. Grant of License. 

Subject at all times to your full compliance with the terms and conditions of this Agreement, Spacetwin Systems, LLC grants to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access Starport solely for your personal, internal, non public, non-commercial use in furtherance of the Permitted Purpose. Depending on the category of user which applies to you, the “Permitted Purpose” is defined as: 

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(i) for applicants, online user registration, Spacetwin Systems, LLC, and any application supplements, and/or other applicant forms; 

 

3. Limited License to Spacetwin Systems, LLC Works. 

Unless otherwise specified on Starport, you may download copies of Spacetwin Systems, LLC works accessible through Starport as indicated therein. In addition to the foregoing grant of license to Starport, Spacetwin Systems, LLC grants to you a personal, revocable, limited, non exclusive, non-sublicensable, and non-transferable license to use, access, and copy Spacetwin Systems, LLC Works solely for your personal, internal, non-public, non-commercial use in connection with your permitted use of Starport. 

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You must retain all copyright and other proprietary notices on downloaded and copied Spacetwin Systems, LLC Works, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, Spacetwin Systems, LLC Works remain the property of Spacetwin Systems, LLC or its licensors or suppliers. Spacetwin Systems, LLC works are licensed, not sold or transferred to you. Your use, access, downloading, or copying of Spacetwin Systems, LLC works is conditioned on, including the licenses and terms and conditions of third parties. You may not download, copy or use any of Spacetwin Systems, LLC works except as expressly authorized in Starport and, in any event, you may not distribute, modify, transmit, create derivative works of, republish, or publicly display Spacetwin Systems, LLC Works except as expressly permitted by Spacetwin Systems, LLC in a separate writing. 

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4. Additional Restrictions. 

When using or accessing Starport, Spacetwin Systems, LLC works, and any other Materials in accordance with the foregoing licenses, you shall not directly or indirectly (a) use Starport or materials to create any service, software or documentation that performs substantially the same functionality as Starport or Materials, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying Starport or materials, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use Starport or materials in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify Starport or Materials, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in Starport or materials, (f) use or access Starport or materials for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of Starport or Materials, (h) use Starport or Materials in any manner which could damage, disable, overburden, or impair Starport or materials and/or Spacetwin Systems, LLC’s systems or network infrastructure, or otherwise interfere with any third party’s authorized use of Starport or materials, (i) probe, scan, or test the vulnerability of Starport or any systems or network infrastructure connected with Starport, including without limitation by stress testing or penetration testing, or (j) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with Starport. 

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5. User Obligations 

You represent that you will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through Starport. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to your use of Starport. If you access Starport on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this Agreement on behalf of your organization. 

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Starport is not intended for use or access by any individual under the age of thirteen (13) years, and Spacetwin Systems, LLC does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose. 

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6. Registration 

Some areas of Starport may require you to register an account with Starport. Registration for access to and use of Starport may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Spacetwin Systems, LLC in its sole discretion from time to time. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of Starport and/or disclose to our members what other members you had applied to using Starport, consistent with the terms of our Privacy Policy. 

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As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to Starport to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by using the “Forgot Password?” link located on the application’s landing page (account login page).

 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT INDIVIDUALLY EXECUTED AND/OR AUTHORIZED BY YOU, AND SPACETWIN SYSTEMS, LLC SHALL BE ENTITLED TO RELY UPON ALL INPUTS AND RESPONSES MADE THROUGH YOUR ACCOUNT AS IF MADE EXCLUSIVELY BY YOU. 

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7. Code of Conduct 

In addition to and without limiting any other restrictions herein contained, while using Starport or Materials, you agree not to: 

  • create more than one account, while registering on Starport; 

  • express or imply that any statements you make are endorsed by us, without our prior written consent; 

  • transmit (a) any material, non-public information about companies without the authorization to do so; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

  • engage in spamming or flooding; 

  • "frame" or "mirror" any part of Starport without our prior written authorization;

  • link to any page of or content on Starport other than the URL located at the URLs listed above; 

  • harvest or collect information about visitors or members without their express consent; or upload, send, or transmit any information, messages, or communications which constitute hate speech or other illegal speech, or otherwise harass, threaten, defame, slander, libel, or threaten any individual or group. 

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8. Submissions and Postings 

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (each a “Submission” and collectively, "Submissions"), or by posting or uploading such Submissions to any area of Starport, you grant us and our designees a worldwide, non-exclusive, fully sublicenseable (through multiple tiers), freely assignable, royalty free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, export, and otherwise exploit such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

Spacetwin Systems, LLC may screen, review, edit, moderate, or monitor your Submissions from time to time at its discretion, but has no obligation to do so. In any event, Spacetwin Systems, LLC is not responsible to you under this Agreement for your or any other user’s Submissions and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that Spacetwin Systems, LLC shall have no obligation of confidentiality whatsoever with respect to your Submissions. By uploading, posting, displaying, transmitting, or otherwise providing a Submission to Starport, you represent and warrant that: (i) you possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Spacetwin Systems, LLC to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party. 

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9. Purchases and Payments. 

Starport may contain the option for you to purchase and/or make payments in connection with certain features or services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified in Starport at the time of order. All payments are final and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of payment, indicated by Spacetwin Systems, LLC in writing, or as may be required under applicable law. All transactions are void where prohibited by law. Spacetwin Systems, LLC may request further information from you in order to confirm the order and method of payment. Spacetwin Systems, LLC reserves the right to terminate or suspend access to Starport or any related license, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse Spacetwin Systems, LLC for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to Spacetwin Systems, LLC in connection with Starport shall survive the expiration or termination of the Agreement for any reason. 

When confirming payment, you agree to pay using the payment methods indicated and grant authorization to Spacetwin Systems, LLC and/or the applicable third party payment-processor to charge or otherwise implement your selected payment methods. Spacetwin Systems, LLC and/or the applicable third-party payment processor shall charge, and you shall be responsible for, all taxes, tariffs, levies, or duties applicable to your payment, excluding taxes applied against Spacetwin Systems, LLC’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through Starport are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that you provide to us; and (b) maintaining the confidentiality and security of your account information, including without limitation with respect to payment methods. You should not disclose your payment information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with your account. You are responsible for all transactions on your account, including unauthorized transactions. 

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10. Links and Third-Party Services

Starport may contain links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by Spacetwin Systems, LLC. Spacetwin Systems, LLC has not reviewed all of the web sites that are or may be linked to Starport, and Spacetwin Systems, LLC has no control over such sites. Spacetwin Systems, LLC is providing these links to you only as a convenience. In addition, certain services, features, or components made available via Starport are delivered by third-party providers. By using any feature, service, or functionality originating from Starport, you hereby acknowledge and consent that Spacetwin Systems, LLC may share information and data that you submit or upload to Starport with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, in accordance with Spacetwin Systems, LLC’s Privacy Policy. 

References or links in Starport to any commercial products or services, or Spacetwin Systems, LLC’s use or display of any business, firm, corporation, or trade name on Starport, do not constitute endorsement by Spacetwin Systems, LLC of any such product, service, or entity. Spacetwin Systems, LLC makes no representation or guarantee whatsoever with respect to third-party products or services. 

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SPACETWIN SYSTEMS, LLC EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, WEB PAGES, MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH STARPORT, AND YOU AGREE THAT SPACETWIN SYSTEMS, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH STARPORT. 

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Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of Starport, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in Starport, and the terms of app stores, digital distribution services, or third-party payment processors. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and you agree to abide by all such terms in connection with your use of Starport. You hereby agree that (i) this Agreement operates in addition to any terms of use imposed or required by any such third-party provider; and (ii) the terms of this Agreement supplement and do not alter or amend any such third-party terms of use. 

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11. Ownership and Restrictions on Use 

Starport is owned and operated by Spacetwin Systems, LLC and/or its applicable licensors to our contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Spacetwin Systems, LLC or its applicable licensors or suppliers. Starport and Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through Starport in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of Starport, as provided in this Agreement or as expressly authorized in writing by Spacetwin Systems, LLC or, if so indicated in writing by Spacetwin Systems, LLC, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using Starport or the Materials, and Spacetwin Systems, LLC reserves all rights in Starport and Materials not expressly granted herein. 

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The trademarks, logos, and service marks displayed on Starport such as Spacetwin Systems, LLC and Starport among others (collectively the "Trademarks") are the registered or unregistered trade or service marks of Spacetwin Systems, LLC. The Trademarks owned by Spacetwin Systems, LLC, whether registered or unregistered, may not be used in connection with any product or service that is not Spacetwin Systems, LLC’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Spacetwin Systems, LLC. Nothing contained on Starport should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Spacetwin Systems, LLC or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Spacetwin Systems, LLC will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. 

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12. Jurisdictional Issues 

Those who choose to access Starport do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

We reserve the right to limit the availability of Starport and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. We also reserve the right in our sole discretion to remove any member of Spacetwin Systems, LLC without further or special notice. 

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13. Term and Termination 

This Agreement takes effect (or re-takes effect) at the moment you first access or use Starport. Spacetwin Systems, LLC reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to Starport or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of Starport, and/or the rights of others. This Agreement terminates automatically if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this Agreement at any time by ceasing to use Starport, but each re-access or renewed use of Starport will reapply the Agreement to you. Upon termination or expiration of the Agreement for any reason, all licenses granted by Spacetwin Systems, LLC hereunder shall immediately terminate, and you must immediately cease all use of Starport. The provisions of this Agreement concerning Spacetwin Systems, LLC’s proprietary rights, licenses to Submissions, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this Agreement for any reason.

Spacetwin Systems, LLC reserves the right, in its sole discretion, to terminate or suspend your access to Starport or any feature or portion thereof at any time, without notice to you, if we reasonably determine or suspect that you are in violation of this Agreement and/or the intellectual property rights of Spacetwin Systems, LLC or its applicable providers and licensors. 

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14. Disclaimers 

STARPORT, THE MATERIALS ON STARPORT, ANY PRODUCT OR SERVICE OBTAINED THROUGH STARPORT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, SPACETWIN SYSTEMS, LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SPACETWIN SYSTEMS, LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF STARPORT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT STARPORT OR THE SERVER(S) ON WHICH STARPORT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE STARPORT, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF STARPORT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SPACETWIN SYSTEMS, LLC OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON STARPORT SHALL CREATE ANY WARRANTY. YOUR USE OF STARPORT AND ANY MATERIALS PROVIDED THROUGH STARPORT ARE ENTIRELY AT YOUR OWN RISK. 

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A possibility exists that Starport or Materials could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to Starport or Materials. Although we attempt to ensure the integrity of Starport, we make no guarantees as to Starport’s completeness or correctness. In the event that a situation arises in which Starport’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on Starport, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

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15. Limitation of Liability 

NEITHER SPACETWIN SYSTEMS, LLC NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR:

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(A) THE ACTS OR OMISSIONS OF ANY MEMBER, APPLICANT

(B) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO STARPORT AND/OR MATERIALS CONTAINED ON STARPORT OR ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH STARPORT OR FOR ANY THIRD PARTY PRODUCT, SERVICE OR TOOL USED IN CONJUNCTION WITH STARPORT, WHETHER OR NOT SPACETWIN SYSTEMS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR 

(C) ANY AMOUNTS THAT, IN THE AGGREGATE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS STARPORT IN THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION FIRST ACCRUED OR, IF THERE ARE NO SUCH AMOUNTS, A TOTAL OF TEN U.S. DOLLARS (USD $10.00). 

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS AGREEMENT, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 

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16. Questions 

Starport is provided by Spacetwin Systems, LLC, Inc. through its service provider. If you have any questions, comments, suggestions, or complaints regarding this Agreement or Starport, feel free to contact us at 14223 Shetland Way, San Antonio, TX 78254 or contact@spacetwin.systems

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17. Data Privacy 

You understand, acknowledge, and agree that the operation of certain features of Starport may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Spacetwin Systems, LLC’s Privacy Policy, available at https://www.spacetwin.systems/starporttermsandconditions (as updated from time to time), for a summary of Spacetwin Systems, LLC’s policies and use practices regarding personally identifiable information.

 

18. Mobile Usage 

Starport offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Starport. In addition, downloading, installing, or using Starport on your mobile device may be prohibited or restricted by your mobile carrier, and not all functionality on Starport will work with all carriers or devices or in all locations. Therefore, you are solely responsible for: (i) checking with your mobile carrier to determine if Starport is available for your mobile devices; (ii) the restrictions, if any, may be applicable to your use of Starport; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use. 

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19. Additional Terms and Conditions for Google Users 

NOTE – The terms and conditions of this paragraph apply to you only if you downloaded Spacetwin Systems, LLC’s mobile app through Google LLC’s App Store. You acknowledge that this Agreement is between you and Spacetwin Systems, LLC, and that Google LLC (“Google”) bears no responsibility for Starport and its content. The license grant under this Agreement with respect to Spacetwin Systems, LLC’s mobile app is a non-transferable license to use Starport on any Google-branded products that you own or control as permitted by this Agreement and the Usage Rules set forth in the Google Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Google Media Services Terms and Conditions) or volume purchasing. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to Starport. In the event of any failure of Spacetwin Systems, LLC’s mobile app to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price (if any) of the app to you; provided that, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the app. Google is not responsible for addressing any claims by you or a third party relating to Starport or your use of Starport, including without limitation: (i) product liability claims; (ii) any claim that Starport fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that Spacetwin Systems, LLC’s mobile app or your possession and use thereof infringes a third party’s intellectual property rights, Google will not be responsible for any investigation, defense, settlement, or discharge thereof. Google and its subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. 

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20. Security and Compliance 

Spacetwin Systems, LLC reserves the right to view, monitor, and record your activity on Starport without notice or permission from you. Spacetwin Systems, LLC’s provision of Starport is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Spacetwin Systems, LLC’s ability to comply with governmental, court, and law enforcement requests or requirements involving your use of Starport or information provided to or gathered by Spacetwin Systems, LLC with respect to such use.

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21. Export Controls 

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that Starport is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws. 

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22. Arbitration 

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement or any provisions hereof, whether arising in contract, tort, or any other legal theory, then such dispute shall be resolved exclusively through final, binding, and confidential arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Consumer Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in San Antonio, TX. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement for any reason. 

Notwithstanding the foregoing, Spacetwin Systems, LLC may bring a claim for injunctive relief or other equitable relief against your violation of this Agreement in any court of competent jurisdiction without being required to observe the arbitration procedures of this Section. 

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23. Class Action Waiver 

BY USING STARPORT AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF STARPORT. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS AGREEMENT AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

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24. Indemnification 

To the maximum extent permitted under applicable law, you agree to indemnify, defend, and hold harmless Spacetwin Systems, LLC, its affiliates under common control, and its and their respective officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your violation of this Agreement, (ii) your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) your violation of applicable laws, rules, or regulations, and/or (iv) your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. Spacetwin Systems, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. 

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25. Miscellaneous 

This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state or federal courts located in the Bexar County, Virginia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub-licensable by you except with Spacetwin Systems, LLC’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The parties hereto are independent contractors and nothing herein shall be construed as creating any joint venture, partnership, employment relationship, or agency relationship. You acknowledge that any breach, threatened or actual, of this Agreement by you would cause irreparable injury to Spacetwin Systems, LLC not readily quantifiable as money damages, such that Spacetwin Systems, LLC would not have an adequate remedy at law. You therefore agree that Spacetwin Systems, LLC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security. 

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26. Claims of Copyright Infringement 

The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Spacetwin Systems, LLC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on Starport are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Spacetwin Systems, LLC to locate the material on Starport; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Spacetwin Systems, LLC against you, the DMCA permits you to send Spacetwin Systems, LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

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Notices and counter-notices with respect to Starport should be sent to Spacetwin Systems, LLC’s registered DMCA agent using the following contact information Vance Hanson, CEO, Spacetwin Systems, LLC email: vance@spacetwin.systems. 

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Spacetwin Systems, LLC reserves the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). Spacetwin Systems, LLC has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of repeat infringers. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

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