ACCEPTANCE OF TERMS
DESCRIPTION OF CONTENT
Through this site, you will have access to a variety of text, images, video, and other multimedia resources provided by JPL, collectively known as “NASA/JPL-Caltech Content." You may also have access to content uploaded or supplied in other ways to the “Be A Martian" Site (“User Supplied Content") by participants.
USE LIMITATION OF CONTENT
For use of NASA/JPL-Caltech Content on JPL public web sites (those ending with a jpl.nasa.gov address), including “BeAMartian.jpl.nasa.gov," please refer to the JPL-Caltech Image Use Policy.
For “User Supplied Content," please respect the rights of others. See the following sections below:
• “Materials Provided To, Or Posted On, the “Be A Martian Site"
• Copyright Notice & FAQ
DESCRIPTION OF SERVICES
Through this site, you will have also have access to a variety of resources (e.g., developer tools, download areas, communication services, etc.) collectively referred to as “Services." The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. Services may be provided by Caltech-JPL and/or its suppliers.
PERSONAL AND NON-COMMERCIAL LIMITATION ON SERVICES
Unless otherwise specified, Services on the Site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained from the Services.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Some software may be made available to download as part of the Services offered on this site. This software may be the copyrighted work of the California Institute of Technology and/or it’s suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users, according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, JPL-CALTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, JPL-CALTECH AND/OR MICROSOFT, AND/OR THEIR SUPPLIERS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. JPL-CALTECH AND/OR MICROSOFT, AND/OR THEIR SUPPLIERS DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR SOFTARE PRODUCTS CREATED BY JPL-CALTECH AND/OR MICROSOFT, AND/OR THEIR SUPPLIERS.
RESTRICTED RIGHTS LEGEND.
Any Microsoft-provided Software that is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
Any JPL-Caltech developed and provided Software has been developed pursuant to Caltech’s Prime Contract with NASA and Caltech holds the copyrights and any associated patent rights that attach thereto.
NOTICE SPECIFIC TO MATERIALS, OTHER THAN SOFTWARE, AVAILABLE ON THE WEBSITE
For Caltech/JPL-supplied materials other than software, please refer to the http://www.jpl.nasa.gov/imagepolicy"> Caltech/JPL Image Use Policy, unless otherwise specified.
JPL-CALTECH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS OTHER THAN SOFTWARE (MATERIALS), WHICH INCLUDES, BUT IS NOT LIMITED TO, DOCUMENTS, TEXT, GRAPHICS, VIDEOCLIPS, ETC. PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JPL-CALTECH, NASA, AND MICROSOFT AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS MATERIAL, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL JPL-CALTECH, NASA, AND MICROSOFT AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THESE MATERIALS AVAILABLE FROM THE SERVICES.
THE MATERIALS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JPL-CALTECH, NASA, AND MICROSOFT AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL CALTECH/JPL AND/OR MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify JPL-Caltech immediately of any unauthorized use of your account or any other breach of security. JPL-Caltech will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by JPL-Caltech or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Inquiries can be sent to: BeAM.Legal@jpl.nasa.gov
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any JPL-Caltech and/or Microsoft server, or the network(s) connected to any JPL-Caltech and/or Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any JPL-Caltech and/or Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to participate and/or communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
JPL-Caltech reserves the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at JPL-Caltech’s sole discretion. The foregoing is not meant to limit JPL-Caltech’s commitment to privacy of information by children.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Caltech-JPL does not control or endorse the content, messages or information found in any Communication Services and, therefore, Caltech-JPL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO, OR POSTED ON, THE “BE A MARTIAN SITE"
Unless otherwise specified, JPL-Caltech does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting JPL-Caltech, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet presence (including, without limitation, all Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivates, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. JPL-Caltech is under no obligation to post or use any Submission you may provide and JPL-Caltech may remove any Submission at any time in its sole discretion.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:
The Intellectual Property Counsel Caltech
1200 E. California Blvd. M/C 201-85
Pasadena, CA 91125
Please also see: http://www.caltech.edu/copyright/
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
For making claims of copyright infringement, please email: BeAM.Legal@jpl.nasa.gov
LINKS TO THIRD PARTY SITES.
Links may let you leave the “Be A Martian Site." Typically, these links will take you to other information providers that have an official relationship with Caltech-JPL. You should expect to see an intermediate page that alerts you that you are leaving the “Be A Martian" domain and what content you will expect to see on the linked sites.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF CALTECH-JPL AND/OR MICROSOFT. CALTECH-JPL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CALTECH-JPL AND OR MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CALTECH-JPL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CALTECH-JPL OR MICROSOFT OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CALTECH-JPL OR ANY OF THEIR EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS, UNLESS THEY ARE IN RESPONSE TO A SPECIFIC ACTIVITY (E.G., A CONTEST) ON THE “BE A MARTIAN" SITE THAT SOLICITS INPUT. IN THAT CASE, FOLLOW SPECIFIC INSTRUCTIONS AS TO ALLOWABLE SUBMISSIONS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES RELATED TO INTELLECTUAL PROPERTY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CALTECH-JPL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.