PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Spaceport America and this web site are owned and managed by the New Mexico Spaceport Authority (NMSA). NMSA maintains this Internet site as a service to the Internet community. The content (images, video, text, and interactive media) placed by NMSA at Spaceportamerica.com is copyrighted. You may download the content only for your personal, non-commercial use. The content may not be otherwise copied and may not be modified without express written consent of NMSA. NMSA reserves the right to change any and all content contained on this web site at any time without notice.
Please read this agreement carefully before using the web site. By accessing this site, you agree to be bound by the terms and conditions listed here. If you do not want to be bound by these terms and conditions, you should not access or use this site. Please check these terms periodically for changes. Your continued use of Spaceportamerica.com following the posting of changes to these terms constitutes acceptance of those changes.
Use by Children
Spaceportamerica.com does not offer products or services for sale to, and does not solicit or accept contributions from children under the age of 18. NMSA, its employees, officers, directors, and contractors will not be liable for any damages that may result from misrepresentation of age by a user of the web site.
Clicking on certain links within Spaceportamerica.com will take you into other websites, for which NMSA can take no responsibility.
NMSA maintains numerous social media sites linked to Spaceportamerica.com. The opinions expressed by individual contributors and those providing comments are theirs alone, and do not reflect the opinions of NMSA or any employee thereof. NMSA is not responsible for the accuracy of any information posted by the general public in any format; written, spoken, still image, or video. NMSA may periodically monitor its social media sites for text, images, and video that may be construed as negative or offensive and maintains the right to remove any and all content posted to its social media websites.
The communications and material you send to Spaceportamerica.com or to NMSA by Internet electronic mail are on a non-confidential basis with no promise by NMSA not to use or reproduce these for any purpose whatsoever. NMSA shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose including developing, manufacturing, and marketing products. Any information you send to Spaceportamerica.com must be truthful, not violate the rights of others, and not violate any applicable laws. Information provided to NMSA may be subject to the Inspection of Public Records Act, NMSA 1978, §§ 14-2-1 to -12.
“Forum” means an Contact Us, e-mail, file upload, or social media function offered as part of Spaceportamerica.com. You shall not upload to, distribute through, or otherwise publish through Spaceportamerica.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, that would constitute or encourage a criminal offense, violate the rights of any party, is otherwise objectionable, or that would otherwise give rise to liability or violate any law.
By uploading materials to any Forum or submitting any materials to NMSA, you grant (or warrant that the owner of such rights has expressly granted) to NMSA a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Contractor Registry and Third Party Links
NMSA may provide information, links to web pages, or content of third parties (“Third Party Content”) as a service to those interested in this information. NMSA does not monitor, nor does it have any control over, any Third Party Content. NMSA does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy, currency, or completeness. NMSA makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the spaceportamerica.com website, you should be aware that NMSA’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk. Inclusion in the Contractor Registry of any service, product, business, or other information, does not constitute or imply endorsement, sponsorship or recommendation by NMSA.
NMSA does not accept or consider inventions, creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NMSA might seem to others to be similar to their own creative work or inventions. Accordingly, we must, regretfully, ask that you do not send us any original invention concepts, designs, or creative materials.
If, at the formal request of NMSA, you send certain specific submissions or, despite our request that you not send us any other creative, invention, or design materials, you send us suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of NMSA. None of the Submissions shall be subject to any obligation of confidence on the part of NMSA, and NMSA shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, NMSA shall exclusively own all rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Press and Media Center
NMSA hereby grants journalists permission to copy, reproduce, republish, upload, post, transmit and/or distribute press and media materials, including, but not limited to, photographs, videos, audio files, and copy, so long as such use is for editorial news use only and further provided you keep intact all copyright and other proprietary notices. No material from Spaceport America in any media format or web site, operated, licensed, or controlled by NMSA, affiliated partners, or vendors may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any other way without express written consent of NMSA. Modification of the materials or use of the materials for any other purpose is a violation of NMSA’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are the property of NMSA. All other website Terms and Conditions apply to the Media and Press Center and its content.
These terms are effective until terminated with or without notice by either party. You may terminate these terms immediately at any time by destroying all materials obtained from NMSA and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. It is at the sole discretion of NMSA to determine whether you fail to comply with any term or provision of these terms.
Jurisdictional Issues and Venue
Unless otherwise specified, the materials in the site are presented solely for the purpose of publicizing the NMSA and Spaceport America and its related products. This site is controlled and operated by NMSA from its offices within the State of New Mexico, United States of America. NMSA makes no representation those materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. New Mexico law and controlling United States federal law govern any action related to the use of this web site. By use of this site, you agree to the exclusive jurisdiction of the courts located in the state of New Mexico.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NMSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NMSA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NMSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, CURRENCY, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT NMSA OR SPACEPORT AMERICA PROVIDED BY THIRD PARTIES. YOU (AND NOT NMSA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NMSA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF NMSA OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NMSA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, NMSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS ON YOUR PART.
NMSA IS SUBJECT TO THE LIMITATIONS AND PROTECTIONS OF THE NM TORT CLAIMS ACT, 1978 NMSA §§ 41-4-1 TO -27.
Severability and Non-Waiver