Space Selfie Terms of Service
Last Updated: Oct 24, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://www.crunchlabs.com/pages/privacy-notice) (“Privacy Notice”) carefully because they govern your use of the website located at https://www.spaceselfie.com (the “Site”) and services accessible via the Site offered by CrunchLabs LLC (“CrunchLabs”). To make these Terms easier to read, the Site, our services are collectively called the “Services.”

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the updates. If you don’t agree to be bound by the updates, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services? You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts. Furthermore, in order to use the Services to receive a Space Selfie (defined below), you must have received a unique code to enter on the Site by: (a) purchasing or having an existing active CrunchLabs Build Box or Hack Pack Subscription; (b) sponsoring a future engineer for at least $30USD through CrunchLabs’ sponsorship program described in further detail at https://www.crunchlabs.com/products/sponsor-a-future-engineer; or (c) being a select T-Mobile or Google Pixel customer who received a code from either T-Mobile or Google.

5. Your Content.

a. Posting Content. Our Services may allow you to store or share content such as files, graphics, images, and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. CrunchLabs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

b. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to CrunchLabs a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services including creating, publishing and distributing your Space Selfie.

c. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by CrunchLabs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

d. Removal of User Content. [You can request to remove your User Content by writing in to help@crunchlabs.com. In certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

6. Space Selfie. CrunchLabs owns all right, title and interest in and to any photographs or other images of your User Content displayed via a mobile or other electronic device aboard the SAT GUS satellite (“Space Selfie(s)”). To the extent that any right, title, and interest in and to the Space Selfie vests in you, you hereby transfer, convey and assign (and agree to transfer, convey and assign) to CrunchLabs all of your right, title and interest in and to the Space Selfie. You will take any action (including, but not limited to, the execution, acknowledgment and delivery of documents) as may reasonably be requested by CrunchLabs to effectuate such assignment. Subject to your compliance with these Terms, CrunchLabs grants to you a limited, non-exclusive, perpetual, non-transferable license, with no right to sublicense, to download and install the Space Selfie on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to use the Space Selfie solely for your own personal, non-commercial purposes.

7. Our Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

8. General Prohibitions and CrunchLabs’ Enforcement Rights. You agree not to do any of the following:

a. Use the Services in any manner prohibited by the Space Selfie Community Guidelines available at https://www.crunchlabs.com/pages/space-selfie-community-guidelines.

b. Use, display, mirror or frame the Services or any individual element within the Services, CrunchLabs’ name, any CrunchLabs trademark, logo, metadata or other proprietary information, or the layout and design of any page or form contained on a page, without CrunchLabs’ express written consent;

c. Access, tamper with, or use non-public areas of the Services, CrunchLabs’ computer systems, or the technical delivery systems of CrunchLabs’ providers;

d. Attempt to probe, scan or test the vulnerability of any CrunchLabs system or network or breach any security or authentication measures;

e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CrunchLabs or any of CrunchLabs’ providers or any other third party (including another user) to protect the Services;

f. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CrunchLabs or other generally available third-party web browsers;

g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

h. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

i. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

j. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

k. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

l. Impersonate or misrepresent your affiliation with any person or entity;

m. Violate any applicable law or regulation; or

n. Encourage or enable any other individual to do any of the foregoing.

CrunchLabs is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. Copyright Policy. CrunchLabs respects copyright law and expects its users to do the same. It is CrunchLabs’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see CrunchLabs’ Copyright Policy at https://www.crunchlabs.com/pages/copyright-policy, for further information.

10. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16.

12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

13. Indemnity. You will indemnify and hold CrunchLabs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; and (c) your User Content.

14. Limitation of Liability.

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CRUNCHLABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRUNCHLABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRUNCHLABS’ TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO CRUNCHLABS FOR USE OF THE SERVICES, IF ANY, PROVIDED THAT IN NO EVENT WILL CRUNCHLABS’ TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THESE TERMS EXCEED ONE HUNDRED DOLLARS $100.00.

c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRUNCHLABS AND YOU.

14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the Santa Clara County, and you and CrunchLabs each waive any objection to jurisdiction and venue in such courts.

15. General Terms.

a. Preservation of Notices. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

b. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between CrunchLabs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between CrunchLabs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without CrunchLabs’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. CrunchLabs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

c. Notices. Any notices or other communications provided by CrunchLabs under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

d. Waiver of Rights. CrunchLabs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CrunchLabs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

17. Contact Information. If you have any questions about these Terms or the Services, please contact CrunchLabs at help@crunchlabs.com.