The Standard Terms and Conditions (“Terms and Conditions”) governing the use of the information and services owned and provided by NewSpace Global, LLC (“NSG”) shall be as follows:
1.1. NSG owns and provides the products and services (collectively hereafter “Services”) relating to NewSpace (or commercial space), including market and data analysis in electronic or printed formats (“Reports”), news relating to NewSpace (“News”), consulting and various levels of access to its online information database (“Services”). The Services make available to an authorized user (“Subscriber”) information, reports, analysis and other materials including, but not limited to, news articles, analysis, information gathering, organization, photographs, databases, or audio and video files (collectively, the “Content”). Unless covered by a separate agreement between NSG and Subscriber governing the distribution of the Content to the Subscriber, access is personal to individuals (“Authorized Recipients”).
1.2. Commercial terms relating to the period of service, pricing and selection of Services will be governed by this agreement or, if applicable, a separate agreement between NSG and Subscriber (“Subscription Agreement” or “Site License Agreement” as applicable) or other written communication or electronic mail. This “Agreement” shall mean these Terms and Conditions together with the Subscription Agreement, if applicable.
1.3. These Terms and Conditions governing the provision and use of NSG’s Services may be changed from time to time by NSG.
2.1. If you are a user with general public and anonymous access, the NSG website does not store or capture personal information, but merely logs the user’s IP address that is automatically recognized by the web server.
2.3. This privacy statement only covers the NSG websites at www.newspaceglobal.com.
2.4. This statement does not cover links within this site to other websites.
3. Refund & Renewal Policy
3.1. NewSpace Global offers full refunds within seven days following the purchase. If a Subscriber wishes to obtain a refund, the Subscriber will submit a written request to the appropriate NSG representative within seven days of purchase.
3.2. Unless written notification is given to NSG at least 30 days prior to subscription expiry, Subscribers will be automatically charged for renewal.
4.2. If Subscriber makes use of the Services or any Content other than as expressly permitted under these Terms and Conditions, he or she may violate copyright and other laws and may be subject to penalties. Without limiting the preceding sentences, Subscriber will not:
4.2.1. Engage in or permit any reselling, display, reproduction, copying, translation, modification, adaptation, creation of derivative works from, distribution, transmission, transfer, republication, compilation, decompilation or reverse engineering of the Services, any Content, any portion thereof, or any data, other content or information provided to Subscriber in connection with the use of the Services by NSG or any of its third-party sources, in any form, media or technology now existing or hereafter developed or over any network, including a local area network;
4.2.2. Remove, obscure or alter any notice, disclaimer or other disclosure affixed to or contained within the Services, including any copyright notice, trademark or other proprietary rights notice or any other legal notice affixed to, or displayed in association with, the Content;
4.2.3. Create a hyperlink to, frame or use framing techniques to enclose any portion of the Services or the Content, without express prior written consent from NSG;
4.2.4. Impersonate any person, or falsely state or otherwise misrepresent his or her affiliation with any person, in connection with any use of the Services;
4.2.5. Breach or attempt to breach the security of the Services or any network, servers, data, or computers or other hardware relating to or used in connection with the Services or any of the Content, whether or not operated by NSG or any third party; nor use with, or distribute through, the Services any software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Services by others or the operations or assets of any person;
4.2.6. Violate any applicable law, including, but not limited to securities laws and laws governing investment activity in any country;
4.2.7. Restrict or inhibit any other Authorized Recipient from using and enjoying the Services;
4.2.8. Post, publish, transmit, reproduce, distribute or in any way exploit any of the Content or other information or other materials obtained through the Services for commercial purposes other than as expressly permitted by these Terms and Conditions or by express prior permission of NSG.
4.3. In subscribing to any of the Services, Subscriber agrees to receive electronic mail from NSG notifying of new features, services or events or consisting of selected Content. NSG’s electronic mail, or any mail sent by Subscriber from within the Services, may include features allowing NSG to collect certain information regarding Subscriber’s use of the Services. These features are a required element of the Services. At any time, Subscriber may opt out of receiving such emails upon written request to NSG.
4.4. Subscriber will notify NSG of any known or suspected unauthorized use(s) of the Services, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of any account details or credit card information.
4.5. Subscriber must provide, at its own cost and expense, such equipment and services as are necessary to access and use the Services. At any time, NSG may change the supporting technology and services necessary to use the Services.
4.6. Subscriber agrees to allow NSG to use the name of subscriber organization in marketing and publicity materials unless NSG receives written notification to the contrary.
5.1. Authorized Recipients must be directly affiliated with the Subscriber’s organization. The identity of each Authorized Recipients shall be determined by agreement between the Subscriber and NSG and documented in writing or by electronic mail.
5.2. Subscriber may request to change the list of Authorized Recipients at any time by informing NSG by electronic mail. NSG will use reasonable efforts to process changes at request so that the Content is distributed to the new Authorized Recipients.
5.3. Authorized Recipients may:
5.3.1. Print one (1) copy of the Reports for personal use only;
5.3.2. Make copies of individual articles from the Reports for personal use.
5.4. Authorized Recipients may not (without express prior written permission of NSG):
5.4.1. Make photocopies or multiple printouts of Reports;
5.4.2. Forward Reports in any electronic format either within Subscriber’s organization or externally unless to other Authorized Recipients.
6.1. Unless otherwise agreed upon by NSG and the Subscriber, NSG shall provide each Subscriber access to the Services with the appropriate number of login identities and passwords (“Accounts”) as described by the Agreement.
6.2. Unless specified in the Agreement, Accounts are personal to Authorized Recipients named in the Agreement and updated by agreement between NSG and the Subscriber from time to time in writing or by electronic mail.
6.3. Authorized Recipients must be affiliated with the Subscriber’s organization.
6.4. Subscriber may change the list of Authorized Recipients at any time by informing NSG by electronic mail. NSG will use best efforts to process any changes within receipt of a request to provide new Authorized Recipients Authorized Recipient with access to such Services as are covered by the Subscription Agreement.
6.5. Subscriber will: (a) be responsible for the security and use of all Accounts, (b) ensure that Authorized Recipients do not disclose Accounts to anyone, and (c) not permit anyone other than Authorized Recipients to use the Accounts. Any access or use of the Services through the use of Subscriber’s Accounts will be deemed to be the action of the Subscriber, for which Subscriber will be responsible. If Subscriber discovers any violation of the Terms and Conditions, he shall contact NSG as promptly as possible and shall undertake everything in its power to prevent such violation.
6.6. If NSG discovers that persons other than Authorized Recipients using the Subscriber’s Accounts to access its Services, NSG reserves the right to invoice the Subscriber for each person so discovered an amount equivalent to a minimum of one year’s charges at the undiscounted rates in force at the time of such discovery, payable immediately.
6.7. If Subscriber or any Authorized Recipient has cause to believe that an Account is being used by anyone other than an Authorized Recipient, he or she shall inform NSG immediately so that that Account’s login and password details may be changed.
7.1. Subscriber shall have the right to quote from (i) Reports, (ii) data, analysis, and research (“Research Notes”), (iii) NewSpace Watch and (iv) the NSG Indices (“the Indices”) (including, but not limited to the NSG 100, NSG OTB, and NSG PTC); however, any such quote or reference must bear a clear attribution of copyright including the full name of NSG, and the year and full title of the Report, index, or website from which the information was discovered by Subscriber.
7.2. Except as otherwise expressly permitted by this Agreement, Subscriber shall not:
7.2.1. Reproduce or store in electronic or print form, all or any part of the Report or Research Note, or transmit to any web site, newsgroup, mailing list, electronic bulletin board, server or other storage device whether accessible only by Subscriber or by others without the prior written consent of NSG;
7.2.2. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of any Report or Research Note (including use as part of any library, archive or similar service) provided by NSG without the prior written consent of NSG;
7.2.3. Remove the copyright notice from any copies of a Report or Research Note supplied by NSG under these Terms and Conditions.
7.2.4. Republish any of the Indices not officially approved by NSG. This includes, but is not limited to, publication of any of the Indices generated from the menu of the Service provided by NSG.
8.1. NSG shall:
8.1.1. Be responsible for the selection of stories or other content (“News Items”) to be included in NewSpace Watch or other related NSG content;
8.1.2. Make available the News on one or more password-protected pages or by such other means as NSG shall in the future determine;
8.1.3. Use best efforts to ensure that the News provides broad, high-quality and accurate coverage but makes no representation that it shall be either fully comprehensive or error-free;
8.1.4. Use best efforts to maintain the availability of the News at levels consistent with accepted standards for such services;
8.2. Subscriber shall:
8.2.1. Ensure that each News Item re-published by the Subscriber, so long as in full compliance with these Terms and Conditions, carries an attribution to NSG;
8.2.2. Ensure that only those Authorized Recipients described in the Agreement or the Subscription Agreement shall have access to the News;
8.2.3. Be responsible for and bear all costs of displaying the News;
8.2.4. Ensure that Authorized Recipients do not download, print or store News Items for anything other than their own use. Subscriber shall ensure that Authorized Recipients do not store in electronic or print form, all or any part of the News, or transmit it to any web site, newsgroup, mailing list, electronic bulletin board, server or other storage device.
8.2.5. Use best efforts to inform NSG of any known or suspected inaccuracy, error or omission in the News.
8.3. Subscriber shall not:
8.3.1. Amend the content of any News Item as provided to it by NSG.
8.3.2. Store in electronic or print form, all or any part of the News, or transmit to any web site, newsgroup, mailing list, electronic bulletin board, server or other storage device whether accessible only by Subscriber or by others.
8.4. NSG shall provide no warranty to Subscriber against any third-party or other claims that may result from Subscriber’s use of the News, whether arising from the content of any News Item, interruptions in the availability of the News or for any other reason.
9.1. The data, information, analysis, calculations, models, forecasts and systems contained in the Services are the property of NSG and its affiliates and all rights in such material are reserved and may not without the prior written consent of NSG be reproduced, published or summarized for distribution or incorporation into a report or other document or otherwise relayed or distributed in any form or by any means whether internally or externally to third parties or persons who have not paid for the Services.
9.2. Nothing shall confer on the Subscriber or its agents any rights over or in the Services save a license to use them upon and subject to the terms of the Subscription Agreement and of these Terms and Conditions.
9.3. The Services may contain hyperlinks and advertisements linking to other Internet sites, resources, or sponsors of the Service or advertisers. NSG is not responsible for the availability of these other sites or their contents.
9.4. Subscriber shall abide by all copyright notices, information or restrictions contained in, or presented with, any content available on or through the Services.
9.4. The Content is protected by U.S. and International Copyright laws. No license is granted to the Subscriber except for an Authorized Recipient personal use. Pursuant to U.S. Copyright law, damages for liability of infringing a copyright may amount to $30,000 per infringement and, in the case of willful infringement; the amount may be up to $150,000 per infringement, in addition to the recovery of costs and attorneys’ fees.
10.1. Both parties agree to keep confidential information concerning the business and affairs of the other party and the other party’s affiliates which is obtained or received as a result of the discussions leading up to, the entering into or the performance of this Agreement (“Confidential Information”). Confidential Information shall include in particular information about the pricing of the Services and the commercial terms (including but not limited to any discounts to standard pricing) on which they have been made available to the Subscriber.
10.2. The parties shall be entitled to disclose Confidential Information where:
10.2.1. It was already lawfully known, or became lawfully known to either of the parties independently;
10.2.2. It is in, or comes into, the public domain other than due to wrongful use or disclosure by the Subscriber or by NSG;
10.2.3. The other party consents in writing such disclosure
10.2.4. Use of it is necessary to carry out this Agreement; or
10.2.5. Disclosure is required by law.
11. Limitations on Liability
11.1. The Services are provided without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays. In particular the Subscriber understands:
11.1.1. That it is not possible for all data contained in the Services to be comprehensive, accurate and up-to-date, and that at any time the Services are likely to contain inaccuracies or omissions.
11.1.2. That the Services may contain forward-looking statements about companies, including assessments about their business prospects and future results of operations. These statements involve risks and uncertainties. Among the important additional factors that could cause actual results to differ materially from those forward-looking statements are risks associated with the overall economic environment, realization of customer contracts, strength of the company’s patents, validation of the technology, changes in anticipated earnings of the company and other factors detailed in the company’s filings with various stock markets or contained in the company’s proprietary information. In addition, the factors underlying all forecasts are dynamic and subject to change, therefore, any forecast published or reproduced by NSG is relevant only to the date at which it is made. The Content is based upon information gathered from various sources believed to be reliable but are not guaranteed as to accuracy or completeness. The Content or other information produced by NSG is not intended to be, and shall not constitute, an offer to sell or a solicitation of an offer to buy any security or investment product or service. The Content or other information produced by NSG is subject to change without notice, and NSG assumes no responsibility to update the information.. NSG and/or its individual officers, members, advisors, employees, affiliates, or members of their families might, from time to time, have a position in the securities mentioned in the Content or in the Indices or other information and may purchase or sell these securities in the future. NSG and/or its individual officers, advisors, employees, affiliates or members of their families might, from time to time, have financial interests with affiliates of companies whose securities have been discussed in the Content or in the Indices or other information.
11.1.3. That NSG does not undertake to update its coverage even though from time to time it may do so.
11.2. NSG provides the Subscriber with opportunities to point out any inaccuracies that may be included in the Services. This should not be taken to mean that NSG is committed to correcting any inaccuracies brought to its attention within any specified time or at all.
11.3. NSG does not represent or warrant that access to or use of the Services will be uninterrupted or error-free or that the Services supplied are accurate or correct or that they meet any particular criteria of performance or quality.
11.3.1. NSG has no Service Level Agreement (SLA) for our websites (www.newspaceglobal.com). NSG will make its best efforts to ensure that any technical issues that a Subscriber has with respect to accessing the Services will be investigated during NSG’s regular business hours (9am-5pm EST Mon-Fri, with the exception of US holidays); provided, however, it is the Subscriber’s responsibility to promptly notify NSG if the Subscriber is unable to access the Services. NSG will make commercially reasonable efforts to promptly resolve the Subscriber’s access issues so long as it is within NSG’s regular business hours.
11.4. NSG and its affiliates shall not be liable to the Subscriber in contract, tort or otherwise for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data and/or for any direct and/or indirect and/or consequential loss whatsoever and howsoever arising suffered or incurred in connection with the performance of the obligations under this Agreement including, without limitation, in connection with the Services, whether or not caused by NSG’s or its affiliates’ negligence.
11.5. Subscriber shall accept sole responsibility for and NSG and its affiliates shall not be liable for the use of the Services by Subscriber and Subscriber shall hold NSG and its affiliates harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use. NSG and its affiliates shall have no liability whatsoever for any liability of Subscriber to any third party which might arise. Nothing regarding the Services constitutes investment advice, recommendation as to the suitability of any product or security.
11.6. Subscriber assumes full responsibility and risk of, and NSG and its affiliates shall not be liable for, any loss which results from any transactions or decisions made by the Subscriber on the basis of the Services, Content or any other materials distributed by NSG.
11.7. NSG and its affiliates shall not be liable to the Subscriber under the terms of this contract or otherwise if NSG’s breach of its contractual and/or other obligations to the Subscriber are due in whole or in part to interruption and delay by reason of matters beyond its control (including but not limited to) acts of God, acts of any government, war, other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute and/or inability to obtain essential supplies and the like.
11.8. These Terms and Conditions shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law.
11.9. The maximum liability of NSG and its affiliates in connection with the Services or arising out of any claim related to the Services, whether in contract, tort, or otherwise shall not exceed the fees received by NSG or payable by the Subscriber in connection with the Services during the three months preceding the first loss or damage or, to the extent that payment by the Subscriber is made otherwise than in monthly installments, a pro-rated portion of such payments, as applicable, that would amount to three months of fees. Such liability shall be Subscriber’s exclusive remedy.
12. General provisions
12.1. NSG may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. NSG may also impose limits on certain features and services or restrict Subscriber’s access to all or any parts of the Services without notice.
12.2. NSG reserves the right at its sole discretion and conditional only upon repayment of any unused prepaid subscription fees as calculated on a pro-rata basis to terminate Subscriber’s access to the Services without notice.
12.3. Nothing in this Agreement shall create or be deemed to create a partnership or the relationship of principal and agent between the parties and the Subscriber shall have no authority to buy or to make any representation or warranty on NSG’s behalf.
12.4. Neither this contract nor any part or portion may be assigned, sub-licensed or otherwise transferred by the Subscriber without NSG’s prior written consent.
12.5. NSG may without the prior written consent of the Subscriber assign any benefit or transfer, delegate or sub-contract any of their duties and obligations under this contract.
12.6. Should any provision of this contract be held to be void and invalid, unenforceable or illegal by a court the validity and enforceability of the other provisions will not be affected thereby.
12.7. Failure of any party to enforce any provision of this contract will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
12.8. Use of the Services implies acceptance of these Terms and Conditions by the Subscriber even in the absence of a written Subscription Agreement with NSG.
12.9. NSG may amend these Terms and Conditions at any time at its sole discretion by posting amended Terms and Conditions (“Amended Terms and Conditions”) on its website. Such Amended Terms and Conditions will become effective immediately upon posting. Subscriber’s use of the Service after any Amended Terms and Conditions become effective will constitute acceptance of those Amended Terms and Conditions.
12.10. For inquiries, Subscriber should contact NSG at 5949 Camp Rd. #180, Hamburg, New York 14075, Telephone: 1-888-968-8726, or any successor operating agent or other party as specified by NSG from time to time.
12.11. Subscriber recognizes that (i) NSG, (ii) its affiliated companies, (iii) the respective partners and suppliers of NSG and its affiliated companies, and (iv) the respective affiliates of the entities covered in subparagraph (ii) (iii) and (iv) together, the “Covered Entities”), each have rights with respect to the Services, the model and the Content, including the software, data, information and other items provided by NSG and its affiliated companies by reason of Subscriber’s use of the Services. NSG’s benefits under this Agreement shall be for the benefit of NSG, its affiliated companies, the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and representatives of the Covered Entities.
12.12. Clauses 4, 5, 6, 7, 8, 9, 10, 11, 12.11, and 12.12 shall survive termination or expiry of this Agreement.
13.1. Subscriber shall be responsible for and shall pay any sales tax, VAT, GST or similar taxes imposed on any fees or charges for the Services.
14. Law and jurisdiction
14.1. These Terms and Conditions and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of New York regardless of the laws that might otherwise govern under applicable choice-of-law principles. The parties hereto agree to submit to the jurisdiction of each of the federal and state courts located in New York County, New York in connection with any matters arising out of this Agreement and not to assert a defense of forum non conveniens, sovereign immunity, Act of State or analogous doctrines in connection with any action.
15.1 “NewSpace”, NewSpace Global”, “NSG Indices”, “NSG 100”, “NSG Private”, “NSG Public”, “NewSpace Watch”, “NSG Observer”, and “NSG Deep Dive Reports” are registered trademarks of NewSpace Global, LLC.