Terms & Conditions - SpaceDraft

Introduction

This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the SpaceDraft Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).

Please read this agreement carefully to ensure that you understand each provision.

1. Use of Our Service

Our Service in a Snapshot. SpaceDraft operates an online design platform and media licensing service that empowers our users, members, artists, designers, photographers and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licences.es.

Eligibility. You may use the Service only if you can form a binding contract with SpaceDraft, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorised adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by SpaceDraft. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use the SpaceDraft Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Service and as permitted by the features of the Service. SpaceDraft reserves all rights not expressly granted herein in the Service and the SpaceDraft Content (as defined below). SpaceDraft may terminate this licence at any time for any reason or no reason.

Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

2. SpaceDraft Accounts

Your SpaceDraft user account (“User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a SpaceDraft account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to SpaceDraft with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s Account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify SpaceDraft immediately of any breach of security or unauthorised use of your account. SpaceDraft will not be liable for any losses caused by any unauthorised use of your account.

You may control your User Account profile and how you interact with the Service by changing the settings in your account. By providing SpaceDraft your email address you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

SpaceDraft usernames are email based, provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.

3. Teams

Certain licences in the Service may allow you to create or contribute to team or organisation accounts (“Organisation”). Access to an Organisation will be made available only to those Users who are authorised by the creator or controller of the Organisation (“Organisation Admin”). The Organisation Admin will be responsible for adding Users to the Organisation, for managing permissions for authorised Users, and otherwise for managing the Organisation as set forth in this Agreement.

The Organisation Admin may contact SpaceDraft to direct SpaceDraft to deletion and retention of User Content within the Organisation.

Groups

The Service may provide functionality to Organisation Admin to divide Organisations into smaller units (“Groups”) and appoint Users to control the Group (“Manager”). Accessing a Group and its content is only available to authorised Users assigned by Group Manager or Organisation Admin. Managers will be responsible for removing and granting view or edit permissions to Users and otherwise managing the Group as set forth in this Agreement.

Education Account – Terms of Use

SpaceDraft offers an Education Account for use in schools. If you are a teacher using SpaceDraft Education Account, you acknowledge and agree that:

You, or the educational institution you work for, will obtain any necessary parent or guardian consent for a student to use SpaceDraft for Education prior to inviting a student to the SpaceDraft classroom in accordance with applicable laws, including without limitation the Children’s Online Privacy Protection Act (“COPPA”).
You will only use, and only permit your students to use, SpaceDraft for Education (and all content and media incorporated therein) for educational purposes.

SpaceDraft Education Account – Eligibility Guidelines

Students may only be invited to a SpaceDraft Education Account by a Teacher and shall be eligible to use SpaceDraft Education Account for so long as they are a student at a Qualified Educational Institution and use SpaceDraft under the supervision of a Teacher.

“Qualified Educational Institution” means a public or private primary or secondary school that has been accredited by an authorised governmental agency within its applicable local, state, provincial, federal or national government and has the primary purpose of teaching its enrolled students.

“Teacher” means an individual person who is an employee or independent contractor working for a Qualified Educational Institution and whose primary role is teaching its enrolled students. Google Certified Educators (GCEs) and Google Certified Trainers (GCTs) are eligible to apply as teachers. Other roles, including but not limited to librarians, teaching aides or assistants, learning support teachers and/or curriculum coordinators may be deemed Teachers by SpaceDraft for the purposes of these Terms.

4. Service Rules

General

You agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the SpaceDraft servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
Transmitting spam, chain letters, or other unsolicited email;
Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Uploading invalid data, viruses, worms, or other software agents through the Service;
Collecting or harvesting any personally identifiable information, including account names, from the Service;
sing the Service for any commercial solicitation purposes;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website;
Interfering with the proper working of the Service;
Accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
Using any SpaceDraft Content (as defined below), including any SpaceDraft trademarks, in any manner that might tarnish, disparage, or reflect adversely on such SpaceDraft Content;
Using the Service or any SpaceDraft Content (as defined) to support, incite or promote illegal behaviour, discrimination, hostility or violence;
Using any SpaceDraft trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data;
Adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with SpaceDraft trademarks;
Copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of SpaceDraft;
Using any SpaceDraft Content to link to the SpaceDraft website without the prior written consent of SpaceDraft;
Framing or hotlinking to the Service or any content other than your own without the prior written consent of SpaceDraft; or
Uploading any content that is illegal, sexual or pornographic, features child exploitation material or links to such material.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the SpaceDraft Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

If your User Content breaches our Terms of Use, we may, without prior notice to you, delete such User Content and any other User Content you have uploaded.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorisation from SpaceDraft prior to establishing another account. If you attempt to establish another account without obtaining such authorisation, SpaceDraft may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of SpaceDraft in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.

You are solely responsible for your interactions with other SpaceDraft Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SpaceDraft shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Anti-discrimination

SpaceDraft does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

5. User Content

General

Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”).

You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content, including any third party Intellectual Property Rights incorporated therein.

Uploading and Publishing User Content to SpaceDraft.

You agree not to submit or use User Content that:

May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
May create a risk of any other loss or damage to any person or property;
Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
May constitute or contribute to a crime or tort;
Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
Contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(Contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. SpaceDraft reserves the right, but is not obligated, to reject and/or remove any User Content that SpaceDraft believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organisation. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and SpaceDraft’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
SpaceDraft may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart and the like that are included in design programs, by uploading any such User Content to SpaceDraft, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to SpaceDraft for the purposes set forth herein.
Your User Content is neither obscene, defamatory, or otherwise objectionable.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You will not transmit unsolicited emails or engage in spamming to publicise or promote your relationship with SpaceDraft.
If you use the Service to post, publish, share or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights (e.g. uploading full movie or television shows), or otherwise breaches these terms.
You will not engage in pay per click advertising using keywords which compete with SpaceDraft’s own campaigns in order to promote your relationship with SpaceDraft nor will you use or engage a third party on your behalf to use SpaceDraft in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, SpaceDraft shall send you written notice of such claim, using the email address provided by you to SpaceDraft, specifying the details of the claim as then known to SpaceDraft. Pending the determination of such claim, SpaceDraft may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by SpaceDraft.

SpaceDraft takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SpaceDraft shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that SpaceDraft may disclose such User Content to law enforcement or other government authorities.

6. User Content License Grant

By publishing (ie making available for other users and/or the general public to access, use, copy and/or amend, or setting permissions that allow these things) any designs or content containing User Content using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to SpaceDraft a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and SpaceDraft’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, in accordance with the permissions you set on the Service in relation to that User Content.

7. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “SpaceDraft Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SpaceDraft and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service).

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SpaceDraft Content. Use of the SpaceDraft Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

8. Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SpaceDraft under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SpaceDraft does not waive any rights to use similar or related ideas previously known to SpaceDraft, or developed by its employees, or obtained from sources other than you.

9. Paid Services

Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. SpaceDraft may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

No Refunds

You may cancel your SpaceDraft account at any time; however, there are no refunds for cancellation. In the event that SpaceDraft suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

Free Trials

SpaceDraft offers free trials for certain paid subscription types to allow you to try our service. SpaceDraft reserves the right to set eligibility requirements for free trials.
At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.

10. SpaceDraft Property

Certain aspects of the service may allow you to obtain certain reputational or status indicators (“SpaceDraft Property”). You understand and agree that regardless of terminology used, SpaceDraft Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at SpaceDraft’s sole discretion. SpaceDraft Property is not redeemable for any sum of money or monetary value from SpaceDraft at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of SpaceDraft on SpaceDraft servers, including without limitation any data representing or embodying any or all of your SpaceDraft Property. You agree that SpaceDraft has the absolute right to manage, regulate, control, modify and/or eliminate SpaceDraft Property as it sees fit in its sole discretion, in any general or specific case, and that SpaceDraft will have no liability to you based on its exercise of such right. All data on SpaceDraft’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on SpaceDraft’s servers, may be deleted, altered, moved or transferred at any time for any reason in SpaceDraft’s sole discretion, with or without notice and with no liability of any kind. SpaceDraft does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on SpaceDraft’s servers.

11. Privacy

We care about the privacy of our Users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information and how it is transferred to and processed in the Australia. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.

12. Security

SpaceDraft cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. Copyright Notice

Since we respect artist and content owner rights, it is SpaceDraft’s policy to respond to alleged copyright infringement notices (“Copyright Notices”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SpaceDraft. For your complaint to be able to be considered, you must provide the following information in writing:

An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit SpaceDraft to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
A statement, in a form able to be relied upon by SpaceDraft, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner. Spacedraft may ask for additional verification before proceeding with your complaint

The above information must be submitted to the following address:

Attn: Copyright Notice
SpaceDraft Pty Ltd
Address: 183 Stirling Hwy
Nedlands, WA 6009
Australia
Email: copyright@spacedraft.com

Please note that this procedure is exclusively for notifying SpaceDraft and its affiliates that your copyrighted material has been infringed.

SpaceDraft has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. SpaceDraft may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Third-Party Links and SpaceDraft Apps

The Service may contain:

Links to third-party apps to install and use on SpaceDraft (SpaceDraft.com/apps);
Links to third-party websites, advertisers, services, special offers, or other events or activities,

that are not owned or controlled by SpaceDraft.

SpaceDraft does not endorse or assume any responsibility for any such third-party apps, sites, information, materials, products, or services. If you access a third-party app or website from the Service, you do so at your own risk, and you understand that this Agreement and SpaceDraft’s Privacy Policy do not apply to your use of such sites. Before installing an app to your SpaceDraft account, please ensure you read and agree to the Terms and Conditions of the app. You expressly relieve SpaceDraft from any and all liability arising from your use of any third-party app, website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SpaceDraft shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

15. Indemnity

You (the User) agree to indemnify SpaceDraft and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the Service, including any data or content transmitted or received by you;
Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
Your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights;
Your violation of any applicable law, rule, or regulation;
Any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or
Any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

16. No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SpaceDraft, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

SpaceDraft does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SpaceDraft service or any hyperlinked website or service, and SpaceDraft will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

17. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SpaceDraft, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will SpaceDraft be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, SpaceDraft assumes no liability or responsibility for any

Errors, mistakes, or inaccuracies of content;
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;
Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the service;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service;
User content or the defamatory, offensive, or illegal conduct of any third party; and/or
Financial loss from purchasing a SpaceDraft subscription from an unauthorised reseller; and/or
Loss or deletion of User Content.. In no event shall SpaceDraft, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SpaceDraft hereunder or $100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, SpaceDraft shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SpaceDraft has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in Australia. SpaceDraft makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations.

18. General

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SpaceDraft without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

SpaceDraft may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SpaceDraft in our sole discretion. SpaceDraft reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SpaceDraft is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. SpaceDraft may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last published’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability

This Agreement and any amendments and any additional agreements you may enter into with SpaceDraft in connection with the Service, shall constitute the entire agreement between you and SpaceDraft concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SpaceDraft’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact

Please contact us at copyright@spacedraft.com with any questions regarding this Agreement.

This Terms and Conditions Document is version number 2.2, last published on 12 March 2024.