Site Terms and Membership License
Version 2.0 - Effective Date: May 31, 2023
1. Introduction.
a. The website located at https://www.globalspaceexchange.com, and associated subdomains, applications, widgets, and services (the “Site”) is a compilation of copyrighted works belonging to Global Space Exchange, Inc. (“GSE”, “us”, “our”, and “we”) and in certain cases, third party content providers that offer products or services licensed through or in conjunction with GSE (“Content Provider(s)”). These Site Terms and Membership License (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you and any associated agents or representatives (“you”, “your”, and “yourself”) are accepting these Terms on behalf of yourself and any entity that you represent, and you represent and warrant that you have the authority, right, and capacity to enter into these Terms on behalf of yourself or the entity that you represent. You may not access or use the Site or accept the Terms if you are not at least 18 years of age. If you do not agree with all of the provisions of these Terms, do not access or use the Site.
b. Acceptance of Site Terms and Membership License and Future Modifications (Amendments).
i. By using or causing access to this Site, you agree to be bound by these Terms, as amended from time to time with or without notice to you and as described in Section 15. In addition, if you are using a particular service on this Site or accessed via this Site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms. Please read the Site's Privacy Policy, which is incorporated into these Terms by reference in Section 11 below.
2. Site Use.
a. License for Unpaid Content.
i. Subject to these Terms, GSE grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and the unpaid information contained therein. The license shall continue for the active life of your account.
ii. Acceptable Use of Site.
a. You may access Site content to review information provided by GSE and Third-Party Content as described in Sections 2 and 13.
b. You may utilize Site content to inform business decisions, conduct market research, discover trends, and review our analyses and reports.
c. You may include licensed Site content in presentations, in research reports, and in other activities as long as it remains non-competitive to the respective content provider as described in Section (2)(a.)(iii.) and the respective data owner is prominently cited as described in Section (2)(a.)(vi.).
d. You agree you shall not provide Site content to third parties except as expressly permitted in these Terms.
iii. Competitive Activity.
a. You agree to use Site content expressly for activities non-competitive to GSE and Content Providers. Non-competitive activity is defined as any use permitted by these Terms that does not attempt to aggregate Site data, replicate the Site or any of its features, or attempt to create similar product or service offerings for commercial or private use, with or without compensation. If there is any question that your use of Site content may be considered competitive, you agree to contact us by mail or email for advance approval of your intended use for Site content 10 business days prior to your need date. Without prior approval, use of Site content for purposes deemed competitive by GSE is strictly prohibited. We will review requests within ten (10) business days and provide written approval or disproval notification (via email). You agree to be subject to Site and user traffic monitoring.
iv. Downloads.
a. Site content intended for download is indicated as such and is denoted by a button that initiates a download process. Downloadable information may be utilized by you for internal review and analytic purposes; however, the information remains the property of GSE or the respective owner granted to you under the terms of your license.
b. You agree to delete downloaded Site content immediately upon expiry of your license term and further agree that GSE may request, and you agree to provide confirmation, in writing, that Site content has been deleted within 30 days receipt of inquiry. Site content does not include content that has been incorporated into your work products in a limited sense as defined in Section (2.)(a.)(ii.).
v. Ownership of information.
a. You agree and acknowledge that all Site content is owned by GSE and/or its associated Content Provider(s) and that you have no right, claim, or title to any information contained within the Site.
b. Site members are asked to provide certain profile information in order to provide Site services; by supplying this data, you certify that the data is not proprietary to you or any third parties. You agree that information you enter into user or organization profiles and responses to inquiries such as, but not limited to, surveys shall not be considered proprietary data and that if entered by you, you agree to release GSE of any liability associated with proprietary data or intellectual property infringement. Furthermore, you agree that we may utilize data you enter for our legitimate business purposes. For example, we may utilize the number of employees entered to generate industry reports on workforce sizing.
vi. You agree that content derived from this Site is subject to these Terms and shall not be communicated in any form without the following readily visible citation or verbal statement of: “This information was derived from Global Space Exchange content,” or, in the case of information derived from its Content Partners, an additional statement referencing such Content Provider(s). You further agree that the types of insights and analytics derived from GSE data are not proprietary to you and that you will not assert claims of any kind against GSE for similar works, insights, analytics, etc. that GSE may produce.
b. Your Account Password and Account Access.
i. You are responsible for protecting the confidentiality of your account password and agree not to provide your account password to any other party for access to the Site (“Unauthorized access”). You agree to contact us and change your password within one (1) business day of your suspicion of any unauthorized use of your user account, user name or password.
c. Certain Restrictions.
i. The rights granted to you in these Terms are subject to the following restrictions:
a. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise access or utilize the Site or Site content for purposes not expressly authorized by these Terms, whether in whole or in part.
b. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.
c. You shall not attempt to gain unauthorized access to the platform, other accounts, computer systems or networks connected to the platform, through hacking, password mining or any other means.
d. You shall not access the Site in order to create a similar or competitive website, product, service, or content. You shall not access the site via any automated form of access such as bots, crawlers, scripts, etc. and shall make no attempt to aggregate Site information.
e. Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. If any Site content contains copyright markings, any disclosures of the respective information authorized by these Terms shall retain the respective markings.
d. Modification of Site.
i. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you and for any reason.
3. Warranty of Information & Limitation of Liability.
a. Background.
i. GSE is a knowledge and technology collaboration platform. While GSE does work to ensure quality of the information contained on the Site and related applications, the nature and breadth of the content makes it impractical to provide any form of warranty.
b. “As-Is and As-Available.”
i. The Site is provided on an “as-is” and “as-available” basis, and GSE (and Content Providers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, availability, accuracy, error-free, secure, devoid of harmful code of any type, legal, safe, or non-infringement. If applicable law requires any warranties with respect to the Site, all such warranties are limited to the minimum required by law, or ninety (90) days, whichever is less. Some jurisdictions do not allow the exclusion of implied warranties or limitations on implied warranty duration, so the above exclusion may not apply to you. The other terms and conditions of use remain enforceable notwithstanding.
c. No Recommendations or Investment Advice.
i. The Site and Third-Party Content may include financial and technical information, and related analysis. GSE and its Content Providers do not make recommendations or offer investment or technical advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any Site or Third-Party Content before making any decisions based on such information. You agree not to hold GSE or its Content Providers liable for any possible claim for damages arising from any decision you make based on Site information, Third-Party Content, or related services.
d. No Support or Maintenance.
i. You acknowledge and agree that GSE will have no obligation to provide you with any support or maintenance in connection with the Site.
e. Limitation of Liability
i. IN NO EVENT SHALL GSE OR ITS CONTENT PROVIDERS BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE OR PUNITIVE DAMAGES, OR ANY DAMAGE DEEMED TO BE OF AN INDIRECT OR CONSEQUENTIAL NATURE ARISING OUT OF OR RELATED TO ITS PERFORMANCE UNDER THE CONTRACT, WHETHER BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE AND WHETHER GROUNDED IN TORT, CONTRACT, CIVIL LAW OR OTHER THEORIES OF LIABILITY, INCLUDING STRICT LIABILITY. TO THE EXTENT THAT THIS LIMITATION OF LIABILITY CONFLICTS WITH ANY OTHER PROVISION(S) OF THIS CONTRACT, SAID PROVISION(S) SHALL BE REGARDED AS AMENDED TO WHATEVER EXTENT REQUIRED TO MAKE SUCH PROVISION(S) CONSISTENT WITH THIS PROVISION. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF GSE OR ITS SUBCONTRACTORS OR SUPPLIERS OF ANY TIER WITH RESPECT TO DIRECT DAMAGES OF THE CUSTOMER WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR THE PERFORMANCE OR BREACH OF THE CONTRACT OR ANYTHING DONE IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY CUSTOMER. NOTWITHSTANDING ANYTHING ELSE IN THE CONTRACT TO THE CONTRARY, THE STATED MONETARY LIMITATION HEREINABOVE IS THE MAXIMUM LIABILITY GSE HAS TO THE CUSTOMER.
4. Copyright, Trademarks, Rights.
a. Copyright © 2023, Global Space Exchange, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are the property of their respective owners. By using our Site, you are not granted any rights to use these Marks without the permission of their respective owners.
b. You acknowledge that the Site and its contents (including any downloads or derivatives therefrom) are the intellectual property of GSE or the associated content provider or associated licensors. Except as otherwise expressly set forth herein, the Site and its contents are provided to you solely for your internal use, and nothing in these Terms and Conditions shall constitute a sale or transfer of title or ownership to you of any rights in or to the Site contents.
c. Notification of Copyright Infringement.
i. If you believe that your intellectual property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, you agree to contact our copyright agent to address the assertion via email or mail at the following addresses:
a. Attn: COPYRIGHT, Global Space Exchange, Inc.; support@globalspaceexchange.com, or via mail:
b. Attn: COPYRIGHT, Global Space Exchange, Inc.; 800 Maine Ave. SW, Suite #200; Washington DC, 20024.
5. Submission of Content.
a. By providing any content, feedback, or ideas to this Site: (a) you agree to grant GSE and, if applicable, its Content Providers a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently (b) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant us the license specified herein you acknowledge and agree that we have the right (but not obligation), at our entire discretion, to refuse to publish, to remove or to block access to any content you provide, at any time and for any reason, with or without notice; (e) you agree and warrant that you will not submit proprietary, confidential, or export controlled content to the Site.
6. Professional Conduct.
a. We seek to create a trusted resource for the space industry with collaborative input from verified members. We expect our members to hold themselves to a high professional standard. It is through respect and professionalism that we may collectively advance the state of the industry and achieve the impossible. With that background;
i. By using this Site or any service provided, you explicitly agree that:
a. You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law.
b. You use this Site to gather information for use in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce, you will not use this Site to promote or operate any service or content without our prior written consent.
7. Misrepresentation.
a. You expressly agree you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.
8. Feedback.
a. We value your feedback and actively review submissions. We will work to act upon feedback at our sole discretion.
9. Export.
a. You agree not to directly or indirectly upload information in any form that is export-controlled to the Site.
b. If you find information that you believe export-controlled, you agree that you will notify us immediately of the suspected information and Site location such that it may be removed at support@globalspaceexchange.com. You agree not to export, reexport, or transfer, directly or indirectly, any information you suspect to be export controlled in violation of the United States or International export laws and regulations.
10. Indemnification.
a. You agree to indemnify and hold harmless GSE and its officers, employees, agents, Content Providers, and subcontractors at any tier, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (1) your use of the Site, (2) your violation of these Terms, or (3) your violation of applicable laws or regulations. GSE reserves the right, at your expense (including attorney fees), to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11. Privacy Policy
a. The Site Privacy Policy is incorporated herein by reference and is located at www.globalspaceexchange.com/privacy-policy. You may also obtain a copy of the privacy policy by emailing support@globalspaceexchange.com.
12. Applicable Law.
a. You agree that these Terms and any dispute arising out of your use of this Site or products or services provided will be governed by and construed under the laws of the United States, Delaware, without giving effect to any conflicts-of-law rules requiring the application of the substantive laws of any other jurisdiction. The parties agree that all disputes will be subject to the exclusive jurisdiction and venue of the District of Columbia, and the parties hereby consent to such jurisdiction and venue. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS CONTRACT.
13. Third-Party Content.
a. The Site may contain links to third-party websites and services, content, applications and/or display advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content are not under the control of GSE, and you agree that GSE is not responsible for and shall not be held liable for any Third-Party Content. GSE provides access to Third-Party Content solely as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Content, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should not proceed with any transaction in connection with such Third-Party Content until you have conducted appropriate due diligence.
14. Release.
a. You hereby release and forever discharge GSE (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15. Modification of Terms.
a. These Terms are subject to occasional revision, and if we make any substantial changes, we may or may not notify you. If we notify you, we will send you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon thirty (30) calendar days following our posting updated Terms on our Site which applies to you. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
16. Enforcement.
a. We reserve the right (but have no obligation) to review and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any other person. Examples of possible action may include terminating your account in accordance with Section 17, and/or reporting you to law enforcement authorities.
17. Term & Termination.
a. Subject to this Section, these Terms will remain in full force and effect while you use the Site and at any time you have access to content provided by us or through us by our members. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your information associated with your Account from our live databases. GSE will not have any liability whatsoever to you for any termination of your access under these Terms, including for termination of your Account or deletion of your account information. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1-4, 10-14, 16-18, 20, 22, 23.
18. Fees and Payments.
a. You agree that we may collect fees for services and products offered on the Site through Stripe, a third-party payment processor that accepts credit, debit cards, and ACH payment. Additional forms of payment may be accepted upon approval by GSE or, if applicable, its Content Providers and may be processed by GSE or the associated content provider.
b. You consent that fees may be collected on a periodic, aperiodic, or one-time basis as described in the service(s) you select.
c. You agree to contact us within fifteen (15) business days if you believe a payment was made in error. If we are responsible for the error, we will work to investigate and resolve the issue in a timely manner.
d. You agree that all membership fees for the full subscription term are nonrefundable, even if you cancel your membership agreement prior to end of the term, or in the case that it is terminated by GSE or Content Providers for violation of any terms stated herein.
e. If you cancel, place on hold, revoke, or otherwise disrupt the processing of a payment, you agree that your rights to access and use of paid Site content is immediately revoked until such time that proper payment is processed, and your account balance is paid in full.
19. Cancellation of Service.
a. You may terminate your subscription to our services at any time by emailing support@globalspaceexchange.com or calling the number listed on our Site.
20. Electronic Communications.
a. The communications between you and GSE use electronic means, whether you use the Site or send us emails, or whether GSE posts notices on the Site or communicates with you via email. Use of this site confirms agreement to the following:
i. Consent to receive communications from GSE in electronic form.
ii. All terms and conditions, agreements, notices, disclosures, and other communications that GSE provides to you electronically shall satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
21. Entire Terms.
a. These Terms constitute the entire agreement between you and GSE regarding your use of the Site. The section titles in these Terms are for convenience only. The word “including” means “including without limitation”.
b. Neither Global Space Exchange nor user is an agent or partner of the other.
c. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GSE may freely assign these Terms.
d. The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of this Site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.
22. Severability.
a. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms shall be unimpaired, and the invalid or unenforceable provision shall be interpreted to reflect the original intentions of the parties so that it is valid and enforceable to the maximum extent permitted by law.
23. Contact Information.
Mail: Global Space Exchange, Inc.; 800 Maine Ave. SW, Suite #200; Washington DC, 20024.
Email: support@globalspaceexchange.com.
Phone: +1-202-600-8252.