Terms and Conditions

Space Age Publishing Company Agreement 

Space Age Publishing Company Agreement – Terms and Conditions  

1. Agreement 

This Services Agreement (“Agreement”), is entered into as of the Effective Date by and between Space Age Publishing Company (“Space Age”), a company with offices in California and Hawai’i, and you (“Customer”) and together with Space Age, the “Parties” and each a “Party”. 

Whereas Space Age desires to provide data storage and/or data transmission opportunities for Lunar Broadcasting (“Services”) and Customer wants to utilize Space Age’s; now therefore the Parties agree as follows:

By reserving and purchasing “Services” from Space Age, Customer is in effect agreeing to this Agreement and its Terms and Conditions. 

2. Services Provided 

Upon execution of this agreement Space Age will, to the best of its ability, attempt to provide the Customer with any or all of the following Lunar Broadcasting Services if Customer has selected and paid for the services in full: collecting Customer text, images, audio or video files (“Customer Contribution”), integrating Customer Contribution directly within Space Age’s Space Calendar publication and/or on its own electronic media file in order to be stored or transmitted electronically to the International Lunar Observatory Association’s lunar payload (“ILO-1”), and one or more of the following: publicly posting Customer Contribution on Space Age’s Space Calendar or other Space Age website, promote Customer Contribution in media releases, and promote Customer Contribution to Space Calendar subscribers via email. 

Upon launch and lunar landing, Space Age will, to the best of its ability, attempt to provide the Customer with any or all of the following Lunar Broadcasting Services if Customer has selected and paid for the services in full: receiving Customer Contribution back to Earth after storage/transmission from ILO-1 on the lunar surface, sending Customer Contribution file electronically to Customer as proof of lunar transmission, and/or storing or transmitting Customer Contribution on/from another lunar surface mission as chosen by and at the discretion of Space Age’s separate agreement with International Lunar Observatory Association. 

Customer shall ensure Customer Contribution to Space Age meets defined parameters as listed in Section 3, without which Space Age cannot provide Services.  

3. Customer Contribution

Customer Contribution may be text / written characters and/or numerals, images, audio or video files dependent on the availability of Space Age’s services and Customer’s selection and full payment. 

Text / numeral font, styling, and size of Contribution may be altered at Space Age’s discretion to conform to limitations presented by electronic storage space, formatting, and/or compression constraints. Image / audio / video file size and resolutions may be altered at Space Age’s discretion to conform to limitations presented by electronic storage space, formatting, and/or compression constraints. 

Customer Contribution is also to be accepted or rejected at Space Age’s discretion: for example, offensive language, terms or images will not be accepted.   

4. General Assumption of Risk

Customer understands and agrees Services being provided by Space Age, represent a pioneering first attempt at commercial Lunar Broadcasting and carry inherent risk of being unfulfilled. Together, Space Age and Customer are aiming for the Moon and sharing the challenge, excitement, and risk of exploring space and landing on the Moon.    

All space launches and space/lunar missions involve risks related to technical failures, the space environment, and mission execution. Though potential challenges are mitigated throughout the project lifecycle, pioneering space missions such as these can result in the loss of the mission, and Customer Contribution. 

Customer is voluntarily participating in this mission with knowledge of the hazards and risks involved. Customer understands that Space Age bears no responsibility for the performance or outcome of the launch or landing services, third party influence or Force Majeure. 

Space Age reserves the right to cancel or postpone the mission as it deems necessary. Customer understands that Space Age has a separate agreement with International Lunar Observatory Association, which is under contract with a lunar rover service provider for the ILO-1 mission, and that Space Age services provided under this Agreement are dependent upon and subordinate to the successful execution of contractual and performance obligations set forth in the agreement between the lunar rover company and the launch service provider. 

Customer understands and assumes responsibility for the significant risk of impact to their objectives if the launch and/or lunar landing services and/or Space Age services are not performed as expected or at a specific time. Space Age shall not be liable under any circumstances for expenses, liabilities, costs, or damages that may be incurred by Customer as a result of changes to or failure of launch, landing, delay or any Space Age services.

Services shall be considered complete, and Space Age will not be held liable for payment returns or refunds even if the Lunar Broadcasting or ILO-1 mission is unsuccessful in any way.  

In order to provide value to and benefit Customer, regardless of the outcome of the Lunar Broadcasting goals, Space Age will share and promote Customer Contribution in one or more of the following ways: post Customer Contribution on the Space Calendar weekly website, promote Customer Contribution in media releases, and/or send Customer Contribution in electronic form on another lunar surface mission as chosen by and at the discretion of Space Age’s separate agreement with International Lunar Observatory Association.      

5. Payments and Refunds

Customer will pay for Services at time of reservation. Customer understands that the price for Space Age Services shall be specified on the Space Age website. The price is a firm fixed price and will be paid by Customer in one installment upon submission of the Customer Contribution reservation.

Each Party shall remain solely responsible for paying all taxes, duties, levies and charges assessed upon it in connection with Services. Customer agrees to comply with all requirements of such laws, including payment of any interest or penalties related to or arising from such taxes and duties. 

In the rare event that Customer Contribution is rejected by Space Age, Customer will be refunded, less any fees or costs incurred by Space Age during the transactions. 

6. Scheduling

The date of the Launch (“Launch Date”) is scheduled to occur at a date and time frame that launch provider determines in its sole discretion. Although it is Space Age’s intention to honor the flight dates once scheduled, Customer understand that there is always the possibility of delay or cancellation. Customer will be provided with periodic updates, subject to the discretion of launch provider, from Space Age or ILOA.  

7. Title and Ownership 

Nothing in this Agreement shall be construed to convey transfer of title or ownership of any digital property between the Parties at any time. Any risk of loss, injury, or destruction of property shall remain with the owning Party at all times. The Parties acknowledge that Customer shall have no right or interest in the Lunar Broadcasting Services, and Space Age shall have no right or interest in the Customer Contribution. Customer declares its submitted Contribution is owned by Customer and they have the legal right to use and represent said Contribution. 

8. Intellectual Property 

Except where explicitly stated to the contrary within this Agreement, at no time shall either Party have any ownership rights, other rights, or license to any Intellectual Property (IP) of the other Party (or the other Party’s Related Third Parties) including, without limitation, any Intellectual Property conceived and first brought to practice during performance of this Agreement. The Parties do not intend to jointly develop any Intellectual Property hereunder. In the event any joint development of Intellectual Property becomes necessary, the Parties will negotiate in good faith and enter into a separate agreement regarding each Party’s rights with regard to such Intellectual Property.  

Space Age shall not be held liable in any way for any additional third party theft or use or Customer Contribution, or any loss of revenue or profit that may occur in relation to third party theft or use. 

9. Limitation of Liability

In no event shall either Space Age or Customer be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, for specific performance, for the cost of procurement of substitute products or services, for lost revenues or profits, arising out of or related to this agreement, howsoever caused and regardless of the theory of liability, whether based in contract, tort, equity or otherwise, including negligence, product liability, strict liability, or any other theory of liability. 

10. Disclaimer of Warranties 

Space Age has not made, nor does it make, any representation or warranty or guarantee, whether written or oral, express or implied, including, but not limited to, any warranty of operation, quality, workmanship, suitability, or result, for any particular purpose with respect to its Services, or any third party associated services. Any implied warranties are hereby expressly disclaimed.  

11. Convenience 

Customer understands that this Agreement is non-refundable and that Customer cannot terminate the Agreement at any time. Space Age reserves the right to terminate this Agreement at Space Age’s convenience for any reason and will not be liable for any payments made by Customer.

Space Age may terminate this Agreement at Space Age’s convenience, and will return amounts paid by Customer minus any cost associated with returning funds such as, but not limited to, bank wire or currency exchange fees.

12. Assignment 

Neither this Agreement nor any of the rights or obligations under this Agreement shall be assignable or transferable by any Party without the prior written consent of the other Party, provided that subject to compliance with applicable law, either Party may assign, delegate or otherwise transfer this Agreement, or any rights or obligations under this Agreement, to any successor by way of merger, acquisition or sale of all or substantially all of the assets relating to the performance of this Agreement, provided that the successor or transferee of a Party has expressly assumed all of the obligations of such Party and all of the terms and conditions applicable to such Party under this Agreement. Any assignment, delegation, or transfer of this Agreement made in contravention of the terms hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the Parties’ respective successors and permitted assigns.   

13. Indemnification

Each Party (“Indemnifying Party”) hereby agrees that it shall indemnify and hold harmless the other Party (“Indemnified Party”) from and against any liability or expense, including attorneys’ fees, resulting from any suit or claim by the Indemnifying Party’s related third parties for any injury, property loss, damage or financial loss sustained by such related third party or any of its employees, officers, directors or agents, arising in any manner out of or in connection with activities relating to the performance of this Agreement. 

The Indemnified Party agrees to notify the Indemnifying Party promptly in writing of any such claim, and the Indemnifying Party has the right to control the defense of any such claim and all related settlement negotiations, provided the defense shall be reasonably estimated to minimize the liability of the Indemnifying Party hereunder to the extent consistent with the legitimate business interests of the Indemnified Party. The Indemnifying Party shall have full rights to dispose of such action and to enter into any monetary compromise or settlement; provided, however, that Indemnifying Party shall not settle or compromise any claims involving the action insofar as they relate to, or arise out of, the same facts as those which give rise to the claim for which indemnification is due hereunder without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld or delayed. 

The Parties shall cooperate fully with one another in connection with the defense, compromise, or settlement of any such claim, including without limitation, making available to the other all pertinent information and witnesses within its own control.

14 . Third Party Indemnification

Customer understands and accepts the risk that entering into this agreement with Space Age involves multiple entities, upon which success of the mission is dependent. These third-party entities, including International Lunar Observatory Association, Venturi Astrolab and its contract launch provider, are not part of this agreement between Space Age and Customer, and shall not be held liable in any way related to Customer. This mission is of a pioneering nature and it is understood by Customer that there are inherent risks for multiple third-party entities striving to achieve mission success, which is not guaranteed. 

In no event shall any third party be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, for specific performance, for the cost of procurement of substitute products or services, for lost revenues or profits, arising out of or related to this agreement, howsoever caused and regardless of the theory of liability, whether based in contract, tort, equity or otherwise, including negligence, product liability, strict liability, or any other theory of liability. 

14. Force Majeure

Customer understands Space Age is not liable for acts of God, re, acts of governments or other authorities, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, dangers incident to launch activities or the Space Age services, and other similar acts or incidents beyond its ability to control.

15. Severability

The invalidity, in whole or in part, of any term herein shall not affect the validity or enforceability of any other provision herein. If any terms of this agreement are declared or found to be illegal, unenforceable or void, the Parties shall negotiate in good faith to agree upon a substitute term that is legal and enforceable and as nearly as possible consistent with the intentions underlying the original term. If the remainder of this agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be valid and enforceable. 

16. Waiver

The failure of either Party to exercise any right granted in this Agreement or to require the performance of any term of this Agreement (or the waiver by either Party of any breach of this Agreement) shall not prevent a subsequent exercise or enforcement of, or be deemed a waiver of any subsequent breach of, the same or any other term of this Agreement. 

17. Dispute Resolution 

Any dispute, controversy, or claim arising from, connected to, or related in any manner with this Agreement, including its breach, termination, expiration, or invalidation, or with the relation of the Parties under the terms hereof (a “Dispute”), shall first attempt resolution via mediation based in and according to the governing laws of Hawai’i, USA. If mediation is unsuccessful, Customer agrees to then proceed with arbitration limited to the 3rd Circuit District Court of Hawai’i, USA, and the proceedings will be conducted there or at such other location upon which the parties to the arbitration may agree.  

18. Acceptance of Space Age Publishing Company Agreement – Terms and Conditions

Customer has read and accepted the Space Age Agreement and Terms as Conditions as outlined in this document. 

CUSTOMER HAS READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTANDS THAT THIS IS A RELEASE OF LEGAL RIGHTS AND AN ASSUMPTION OF RISK. 

By Checking “I accept the Space Age Terms and Conditions”, Customer is acknowledging that Customer has read, understand, and agree to the terms and conditions of this Agreement. Customer further acknowledges that by clicking “Send Message” on the Space Age Publishing Company website or by entering into a signed agreement with Space Age, Customer is signing an electronic agreement and Customer understands it will be binding, enforceable and the legal equivalent of a handwritten signature.

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