Summary of Service
Spacetwin is a platform where certain users ("Project Creators") create projects by offering valuable information and/or advertise their products and services to other users, site visitors, content viewers, customers, fans, social media viewers or consumer of any other form of information created by Spacetwin or the Project Creators that is displayed to any user anywhere (“Project Customers”). Spacetwin is also a platform for independent business owners, entrepreneurs and established business owners (IBO's) to learn from and use as a base to launch their business from and/or create an online base or storefront for. Project Creators and IBO's may, at their own discretion, use different titles to represent themselves and their services. Business Enhancement Advisor, Digital Growth Specialist, and Digital Advisor are just a few examples of pre-approved titles. To verify an IBO has been officially approved to offer Spacetwin's products and services, please email firstname.lastname@example.org. All IBO's and business owners, to the knowledge of Spacetwin, have been approved to offer and advertise all products and services displayed on sites created for their business that is currently managed by Spacetwin. If in any case this is not found to be true, you agree not to hold Spacetwin accountable under any circumstances and shall be the sole responsibility of the business owner to inform Spacetwin and any of that company's potential customers of any changes. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Project Customers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
Acceptance of Terms
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Project Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.
Spacetwin is a platform where Project Creators offer the public the opportunity to enter into a contract as Project Customers. This may be consumed on sites outside of the Spacetwin platform in which that platform's terms and conditions also apply. By purchasing a product or consuming information of any kind from work done by Spacetwin and/or any Project Creators, you as the Project Customers accept that offer and enter into a newly formed contract between Project Customers and Project Creators. Spacetwin is not a party to that agreement between the Project Customers and Project Creators. All dealings are solely between Users.
By purchasing a product or creating a project on Spacetwin, you agree to be bound by this entire Agreement, including the following terms:
Project Customers agree to provide their payment information at the time they buy a project's product. The payment will be collected at the time of purchase, unless otherwise stated. The amount Project Customers pay is the amount they will be charged. Project Customers consent to Spacetwin and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full payment at any time between the payment and collection of the funds. Project Customers agree to have sufficient funds or credit available at the time of their purchase and also by the project deadline to ensure that the payment will be collectible. Project Customers may not decrease, or cancel their payment at any time immediately following their payment towards that project's product. The Estimated Delivery Date listed on each product or service is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by. Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date. For all projects, Spacetwin gives to the Project Creator each Project Customer’s User ID and information of the exact payment amount. For successful purchases, Spacetwin additionally gives to the Project Creator each Project Customer’s name and email. For some products, the Project Creator needs further information from Project Customers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the merchandise. The Project Creator shall request the information directly from Project Customers at some point after the purchase is successful. To receive the product, Project Customers agree to provide the requested information to the Project Creator within a reasonable amount of time.
Spacetwin does not offer refunds. A Project Creator is not required to grant a Project Customer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the product. Project Creators are required to fulfill all products of their successful purchases or refund any Project Customers whose product they do not or cannot fulfill. Project Creators may cancel or refund a Project Customer’s payment at any time and for any reason, and if they do so, are not required to fulfill the product. Because of occasional failures of payments from Project Customers, Spacetwin cannot guarantee the receipt by Project Creators of the amount paid minus fees. Spacetwin and its payments partners will remove their fees before transmitting proceeds of a sale. Fees may vary depending on region and other factors. Spacetwin reserves the right to cancel a payment at any time and for any reason. Spacetwin reserves the right to reject, cancel, interrupt, remove, or suspend a product or project at any time and for any reason. Spacetwin is not liable for any damages as a result of any of those actions. Spacetwin’s policy is not to comment on the reasons for any of those actions. Project Creators should not take any action in reliance on having their project posted on the Site or having any of the money paid until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful purchase and access to the funds. Spacetwin is not liable for any damages or loss incurred related to products or any other use of the Service. Spacetwin is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Spacetwin does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Spacetwin, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Fees and Payments
Joining Spacetwin is free. However, we do charge fees for certain services. When you use a service that has a fee, you have time to review these terms again and then accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
Our upfront cost of professional web design (lowest priced package) of 4,776.00USD is withheld when you sign up for a monthly fee. However, choosing not to make this full upfront payment will give the Company (Spacetwin LLC) full ownership of any and all designs created by the Company and full ownership of any and all domains originally purchased by the Company. If you have paid the upfront fee of 4,776.00USD in professional web design for our most basic service, you will have full ownership and rights over all designs created on your behalf from the date that payment is fulfilled. Those who decide to only pay a monthly fee can have the custom design(s) and custom domain(s) transferred to them intact with full ownership rights by paying the upfront costs originally withheld for the upfront time the Company spent creating your site, minus ninety dollars (90USD) per month(s) paid up to that date (starting at 4,776.00USD for the basic service, e-commerce sites starting at 7,176USD). All other fees paid up to the date of cancellation are considered payment for services other than the original time on Spacetwin's web design service (services previously agreed upon between the client and the Company), and had been fully delivered to the client, therefore that portion of the fees collected outside of those ninety dollars (90USD) per month are not calculated in fees already paid specifically for the original professional web design. Important note: everything on the website that was contributed by you, is and always will be, owned by you (ie. pictures, products, content, name, ideas, etc.).
Funds paid by Project Customers are collected by STRIPE, SQUARE, PAYPAL, MOONCLERK and/or DWOLLA. Other transactions may also take place using these companies. Spacetwin is not responsible for the performance of STRIPE, SQUARE, PAYPAL, MOONCLERK and/or DWOLLA.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
Spacetwin will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Spacetwin's Copyright Agent by submitting a notification by emailing us at email@example.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, sufficient for Spacetwin to locate the material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Spacetwin’s Copyright Agent in writing by emailing us at firstname.lastname@example.org. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information): a physical or electronic signature of the user of the Services; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is:
Attn: Copyright Agent
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Spacetwin reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Spacetwin all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Spacetwin may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Spacetwin or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages.
Integration and Severability
Work Product Ownership
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Spacetwin LLC in connection with the Services will be the exclusive property of Spacetwin LLC.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. The occurrence of any of the following shall constitute a material default under this Contract.
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for benefit of creditors, application or sale for or by any creditor or government agency.
Last Updated: January 23, 2017