Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR SERVICES
YOU NEED TO READ THIS CAREFULLY — IT'S A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND WHAT YOU CAN AND CAN'T DO. This agreement covers the terms and conditions (the "Agreement") that apply whenever you access or use OrbitLedger ("the Company") to get the "Service" (which includes: (a) all mission record databases and related archival systems (b) documentation, research guides, and user manuals that come with the platform; (c) telemetry data, timelines, historical photographs, mission narratives, and all the other unique research content and archival materials; and/or (d) all other intellectual property and everything that comes with it, including copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, and any other proprietary rights connected to mission records, telemetry systems or anything else we provide online and/or any updates or upgrades to the Service) to third parties (everyone who uses the Service is called "you" here and that's who all these terms apply to). When you use the Service, you're saying that (1) you're at least 13 years old, (2) you understand and agree to these Terms of Service, and (3) if you're between 13 and 18, your legal guardian has read and agreed to these Terms of Service too. This is a legally binding agreement between you and Company. You get a limited license to use the Service by agreeing to follow this Agreement. If you don't follow what's in this Agreement, you need to stop using the Service right away. The license starts when you create your account and ends if you break the agreement. It's just for you personally and you can only use the Service for research, education, and archival purposes like it's meant to be used. If your access level changes or gets upgraded, each tier is bound by this Agreement or whatever agreement was in place at that time, and any change to these terms takes effect right when it's posted to both of us. You can't change this Agreement yourself. Only Company can make changes, and they have to do it in writing. Any changes won't unfairly mess with your rights or responsibilities. Company can change, modify, add or remove parts of these Terms of Service and its Privacy Policy anytime by posting the updated version on orbitledger.com. If you keep using the Service, we'll consider that your acceptance of the changes. Unless we say otherwise, all updated terms go into effect immediately when they're posted. If you ever disagree with any part of the current Terms of Service, Privacy Policy, or any other Company policy related to the Service, your license ends right away and you need to stop using the Service.
USE OF SERVICE
Even though Company gives you a license to personally use the Service, Company owns it and you have to follow this agreement. You can download archival data according to Company's export policies, and if you do, you're responsible for following all the licensing terms that go with it. You can't share, transfer or deal with the Service in any other way. More specifically, you can't reverse engineer, modify, decompile or change the Service or let anyone else do that either. You're not allowed to loan, rent, lease or transfer your account or access rights to anyone. These restrictions and rules apply to how you use the Service. By using the Service, you agree to follow everything in this section plus any other rules that show up in the Service itself. You agree not to: Mess with or disrupt the Service or the servers or networks connected to it, or ignore any requirements, procedures, policies or regulations of those networks. Interfere with, disrupt or get around any security feature of the Service or anything that limits how you use or access it. Use the Service to break any local, state, national or international law, whether on purpose or by accident. Use the Service in any way that hurts minors. Use the Service to share personal information about someone else, including anything that could be used to track, contact or pretend to be that person. Defraud or lie to Company or other users. Pretend to be someone else or claim you're connected to a person or company when you're not. Cheat or use, create or share automation software ("bots"), "scraper" programs or other "data extraction" tools designed to get around how the Service is supposed to work. You also agree to follow all applicable laws and rules about how to act online and research ethics, plus any laws about exporting technical data from Canada or wherever you live. You can't use the Service or any part of it to do things that Company thinks, in its judgment, are bad for the Service or other users' experience with it. Company gets to decide what counts as breaking the rules or going against the spirit of these Terms of Service or the Service itself, and we can take action as a result, which might include kicking you out. Any fees from your internet provider or mobile carrier when you access the Service are your responsibility.
PAYMENT & WARRANTY
You'll pay what Company charges you for access right away and can't argue about it unless the Service isn't working the way Company described it within a week of buying access. You can only make that claim after you've given Company a chance to fix the problem. YOU HAVE TO ASK FOR A REFUND WITHIN SEVEN DAYS OF GETTING ACCESS. YOU AGREE THAT ALL PURCHASES ARE FINAL AND CAN'T BE REFUNDED, UNLESS COMPANY OR YOUR PAYMENT PLATFORM DECIDES ON THEIR OWN TO GIVE YOU ONE WITHIN THAT SEVEN DAY WINDOW. AFTER A WEEK, YOU WON'T GET YOUR MONEY BACK, BUT COMPANY WILL KEEP HELPING YOU THROUGH ITS RESEARCH SUPPORT SERVICE CENTRE.
INSTITUTIONAL ACCESS AND DATA EXPORT
The Service might have institutional access tiers that give you more query options, bulk data downloads, and API connections. You can earn these or buy them with real money, depending on what the law allows ("Premium Access"). The Service might also have datasets you can download, research collections, and archival materials that you can earn or buy with money or Premium Access credits, as allowed by law ("Research Materials"). Company can manage, control, change or get rid of Premium Access and Research Materials whenever it wants and doesn't have to explain why. If Company does this, it's not liable to you or anyone else. The only thing you own is this: You get a limited, personal, non-transferable, non-sublicensable, revocable license to use Research Materials and Premium Access features you've bought or earned, but only inside the Service. You can't transfer Premium Access and Research Materials to anyone else unless the Service specifically says you can. Outside the Service, you can't sell, cash in or transfer Premium Access or Research Materials to Company, any other Service user or anyone else. All Premium Access and Research Materials sales are final and can't be refunded unless Company or your payment platform decides on its own to refund you. If these Terms of Service, your license or the Service gets terminated for any reason—including Company shutting down that part of the Service—you lose all your Premium Access and Research Materials and Company won't owe you anything.
USER RESEARCH AND CONTRIBUTIONS
The Service might ask you and other users to create, send, record, post, share, perform, publish or distribute things like research notes, corrections, and annotations. You might share content and materials (text, research findings, corrections, images, comments, metadata, etc.) by emailing Company, using research forums, messaging services, or other parts of the Service (all of this together is called "User Content"). Company doesn't have to accept, show, review, keep or use any User Content. You understand that whoever created User Content is responsible for it. Company doesn't have to check, look at, examine, evaluate or watch User Content for accuracy, validity, legality or anything else. Company doesn't make any promises about User Content. Using the Service comes with risk, and you might see User Content that's wrong, misleading, offensive or doesn't work for you. You take on all the risk of using any User Content from the Service. Company isn't responsible for User Content on the Service, including mistakes, missing information, or any damage from using it. That said, Company can screen, review, monitor, refuse, take off, censor, edit, delete, block or hide any User Content (including yours) anytime and for any reason or no reason at all, without telling you first. You can tell Company if you see User Content that breaks the Terms of Service or is otherwise inappropriate. "Your Content" means anything you put on the Service. You agree Your Content isn't secret and won't be given back to you. You promise that Your Content is yours and you own all the rights to it, including the right to give Company all the rights and licenses in these Terms of Service without Company having to worry about other people's claims. Company doesn't claim it owns Your Content and nothing here limits what you can do with it. Company doesn't have to protect your rights to Your Content. You give Company a worldwide, forever, permanent, non-exclusive, transferable, royalty-free license (and the right to let others use it too) to use, copy, adapt, modify, share, license, sell, transfer, display, perform, send, stream, broadcast and do anything else with Your Content through the Service or any other way. You also let Company sublicense it and let others use any rights Company has. You permanently give Company the right to use and do whatever it wants with your name, voice, image and likeness in any User Content, with nothing owed to you. Unless the law says you can't, you give up any rights to be credited and any moral rights you have in Your Content, even if it gets changed in ways you don't like.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY, WHETHER STATED OR IMPLIED. THAT INCLUDES NO WARRANTIES ABOUT TITLE, MERCHANTABILITY, BEING ABLE TO USE IT FOR WHAT YOU WANT, OR THAT IT DOESN'T BREAK ANYONE'S RIGHTS. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, LAWYERS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES AND LICENSORS (TOGETHER CALLED "COMPANY PARTIES") DON'T PROMISE THAT (A) THE SERVICE WILL DO WHAT YOU NEED OR THAT YOU'LL BE ABLE TO SEE THE SERVICE MATERIALS OR USER CONTENT OR (B) THE SERVICE WILL RUN WITHOUT STOPPING, WILL BE FAST, WILL BE SAFE OR WON'T HAVE PROBLEMS, OR THAT PROBLEMS WILL GET FIXED. TO THE FULLEST EXTENT THE LAW ALLOWS, COMPANY PARTIES AREN'T RESPONSIBLE FOR INDIRECT, ACCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES, INCLUDING LOST MONEY, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, THAT COME FROM OR RELATE TO THESE TERMS OR THE SERVICE. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR ANYTHING ELSE, AND EVEN IF COMPANY WAS TOLD IT MIGHT HAPPEN. COMPANY PARTIES WON'T BE LIABLE FOR MORE THAN WHAT YOU'VE PAID COMPANY IN THE NINETY DAYS RIGHT BEFORE YOU FIRST MAKE A CLAIM. YOU UNDERSTAND THAT IF YOU HAVEN'T PAID COMPANY ANYTHING IN THOSE NINETY DAYS, YOUR ONLY OPTION IS TO STOP USING THE SERVICE. Some places don't let you exclude certain promises or limit damages for certain things. So some of these limits might not apply to you. To the extent Company can't, under the law, disclaim a warranty or limit liability the way it says here, the warranty and Company's liability will be as small as the law allows.
TERMINATION
Company can end these Terms of Service and your access (or just parts of it) anytime for any reason. Company can also notify authorities or do what it thinks is right (including cutting off your access) without warning if it thinks or knows you've (i) broken any part of these Terms of Service or any Company policies; or (ii) done things connected to using the Service that might be illegal or could hurt, embarrass, harass, bother or damage you, Company, other people or the Service. Termination means you might lose all your data and information from using the Service, including usernames, research collections, saved searches and notes. You won't get money back and Company won't owe you anything if it terminates for any reason, whether you did it or Company did. Company can refuse to give the Service to anyone it wants. These Terms of Service stay in effect until they're ended. You agree that these Terms of Service continue even after the Terms or Service itself ends.
DISPUTES WITH OTHERS
Company can step in to handle disputes between you and other users, but it doesn't have to. You're on your own when it comes to how you interact with other Service users or people you meet through the Service. You'll work with Company fully if it needs to look into anything that seems illegal, fraudulent or wrong. Company isn't liable for any dispute between you and other users.
THIRD PARTY WEBSITES
The Service might have links to other websites or resources. You agree that Company isn't responsible for: (i) whether those websites work or are accurate, or (ii) what's on them or what they sell. Links don't mean Company endorses those sites or what's on them. You're responsible for all the risk from using those websites. Company can remove any link anytime for any reason.
GOVERNING LAW
This Agreement follows the laws of the Province of Quebec and Canadian law. Both sides agree to use the courts of the Province of Quebec.
SUCCESSORS IN INTEREST
Everything in this Agreement applies to and benefits the parties and, where it matters, their heirs, agents, successors, administrators and anyone they pass it to. You can't hand off this Agreement without Company's written permission first, which it can refuse for any reason. Company can pass this Agreement to anyone who agrees to follow it. If Company does, it's off the hook for what comes next. WAIVER Any waiver only counts if it's in writing. If Company waives something, that doesn't mean it's waiving it forever or for anything else.
SEVERABILITY
If any part of this Agreement gets ruled invalid, the rest stays good.
ENTIRE AGREEMENT
This Agreement is the whole thing between both sides about what it covers.