Space Terms of Use and Service

These Terms of Service apply to the executable code version of LaCantina Doors & Space. The entire Space Terms of Service document is referred to as “the Agreement” throughout the following paragraphs 1.1- 19.2 of this Agreement, and any authorized addendums to this Agreement, and any documents incorporated herein as though fully set forth by reference.

1. YOUR RELATIONSHIP WITH LACANTINA DOORS & SPACE
1.1 Your use of LaCantina Doors products, software, services and web sites (referred to collectively as the “Services” in this Agreement) is subject to the terms of a separate Space written agreement for the version of the Space program used between you and LaCantina Doors and therefore excludes any services provided to you by LaCantina Doors under that separate written agreement. The Space program is part of LaCantina Doors, whose principal place of business is at 3270 Corporate View Drive, Ste D, San Diego, CA 92081. This document explains how the Space program separate services agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with LaCantina Doors, your agreement with Space will always include, at a minimum, the terms and conditions set forth in the following paragraphs 1.3- 19.2 of this Agreement, and any authorized addendums to this Agreement, and any documents incorporated herein as though fully set forth by reference. The terms and conditions are referred in this Agreement, as the “Universal Terms”.
1.3 Your agreement with LaCantina Doors will also include the terms of any posted Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below, in paragraph 19 of this Agreement as the “Additional Terms”. Where Additional Terms apply to a Service, the Additional Terms will be published with or on that Service, and readily available and accessible to read for that particular Service.
1.4 This Agreement is a legally binding agreement between you and LaCantina Doors in relation to your use of the Services. It is important that you take the time to carefully read and understand this Agreement. Collectively, this Agreement is also referred to below as “the Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. ACCEPTING THE TERMS
2.1 In order to use the Services, you must first agree to this Agreement and the Terms. You may not use the Services if you do not accept this Agreement and the Terms.
2.2 You can accept this Agreement and the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Space in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that LaCantina Doors will treat your use of the Services as acceptance of the Terms and this Agreement from that point onwards.

3. LANGUAGE OF THE TERMS
3.1 Where LaCantina Doors has provided you with a translation of the English language version of the Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with LaCantina Doors.
3.2 If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.

4. PROVISION OF THE SERVICES BY LACANTINA DOORS
4.1 LaCantina Doors is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which LaCantina Doors provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that LaCantina Doors may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at LaCantina Doors’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform LaCantina Doors when you stop using the Services.
4.3 You acknowledge and agree that if LaCantina Doors disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that you will not hold LaCantina legally liable for any changes or disruption to the Services, its cessation of providing the Services, and any disabling or access to your account for usage of the Services.

5. USE OF THE SERVICES BY YOU
5.1 You agree to use the Services only for purposes that are permitted by (a) the Agreement and the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.2 You agree that you will not engage in any activity that interferes with, or disrupts the Services (or the servers and networks which are connected to the Services).
5.3 Unless you have been specifically permitted to do so in a separate written agreement with LaCantina Doors, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.4 You agree that you are solely responsible for (and that LaCantina Doors has no responsibility to you or to any third party for any breach of your obligations under the Agreement, the Terms, and for the consequences (including any loss or damage which LaCantina Doors may suffer) of any such breach.

6. PRIVACY AND YOUR PERSONAL INFORMATION
6.1 For information about LaCantina Doors’ data protection practices, please email info@lacantinadoors.com.
6.2 You agree to the use of your data in accordance with LaCantina Doors’ privacy policies.

7. CONTENT IN THE SERVICES 7.1 You understand that all information (such as data files, written text, computer software, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
7.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by LaCantina. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by LaCantina Doors in a separate agreement.
7.3 LaCantina Doors reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.4 You agree that you are solely responsible for (and that LaCantina Doors has no legal responsibility to you or to any third party for) any Content that you create.

8. PROPRIETARY RIGHTS
8.1 You acknowledge and agree that LaCantina Doors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with LaCantina Doors, nothing in the Terms and this Agreement gives you a right to use any of LaCantina Doors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with LaCantina Doors, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and this Agreement, and LaCantina Doors’ brand feature use guidelines as updated from time to time.
8.4 LaCantina Doors acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms or the Agreement in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with LaCantina Doors, you agree that you are responsible for protecting and enforcing those rights and that LaCantina Doors has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorized to do so in writing by LaCantina Doors, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization, whether registered or not, in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. LICENSE FROM LACANTINA DOORS
9.1 LaCantina Doors gives you a personal, worldwide, royalty-free and non-exclusive license to use the software provided to you by LaCantina Doors as part of the Services as provided to you by LaCantina Doors (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by LaCantina Doors, in the manner permitted by the Terms and the Agreement.
9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by LaCantina Doors, in writing.
9.3 Subject to section 1.2, unless LaCantina Doors has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. CONTENT LICENSE FROM YOU
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

11. ENDING YOUR RELATIONSHIP WITH LACANTINA DOORS
11.1 The Terms will continue to apply until terminated by either you or LaCantina Doors as set in the Agreement.
11.2 LaCantina Doors may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms or the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms or the Agreement); or
(B) LaCantina Doors is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom LaCantina Doors offered the Services to you has terminated its relationship with LaCantina Doors or ceased to offer the Services to you; or
(D) LaCantina Doors is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by LaCantina Doors is, in LaCantina Doors’ opinion, no longer commercially viable.
11.3 Nothing in this Section shall affect LaCantina Doors’ rights and disclaimers regarding provision of Services under Section 4 of the Terms.
11.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and LaCantina Doors have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT LACANTINA DOORS’ EXPRESS WRITTEN WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, LACANTINA DOORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL TO YOU OR ANY THIRD PARTY AND THAT YOU WILL INDEMNIFY AND HOLD HARMLESS LACANTINA FOR ANY SUCH DAMAGE OR LOSS.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LACANTINA DOORS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 LACANTINA DOORS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE AND THE AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LACANTINA DOORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR, AND THAT YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LACANTINA FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU OR A THIRD PARTY USING THE SERVICES THROUGH YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH LACANTINA DOORS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE LACANTINA DOORS WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON LACANTINA DOORS’ LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT LACANTINA DOORS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. COPYRIGHT AND TRADE MARK POLICIES
14.1 It is LaCantina Doors’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
14.2 LaCantina Doors operates a trade mark complaints procedure in respect of LaCantina Doors’ advertising business.

15. ADVERTISEMENTS
15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
15.2 The manner, mode and extent of advertising by LaCantina Doors on the Services are subject to change without specific notice to you.
15.3 In consideration for LaCantina Doors granting you access to and use of the Services, you agree that LaCantina Doors may place such advertising on the Services.

16. OTHER CONTENT
16.1 The Services may include hyperlinks to other web sites or content or resources. LaCantina Doors may have no control over any web sites or resources which are provided by companies or persons other than LaCantina Doors.
16.2 You acknowledge and agree that LaCantina Doors is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that LaCantina Doors is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. CHANGES TO THE TERMS
17.1 LaCantina Doors may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, LaCantina Doors will make a new copy of the Universal Terms available through Space.
17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, LaCantina Doors will treat your use as acceptance of the updated Universal Terms or Additional Terms.

18. GENERAL LEGAL TERMS
18.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms and the Agreement do not affect your legal relationship with these other companies or individuals.
18.2 The Terms and the Agreement constitute the whole legal agreement between you and LaCantina Doors and govern your use of the Services (but excluding any services which LaCantina Doors may provide to you under a separate written agreement), and completely replace any prior agreements between you and LaCantina Doors in relation to the Services.
18.3 You agree that LaCantina Doors may provide you with notices, including those regarding changes to the Terms , and the Agreement by email, regular mail, or postings on the Services.
18.4 You agree that if LaCantina Doors does not exercise or enforce any legal right or remedy which is contained in the Terms and the Agreement (or which LaCantina Doors has the benefit of under any applicable law), this will not be taken to be a formal waiver of LaCantina Doors’ rights and that those rights or remedies will still be available to LaCantina Doors.
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and the Agreement is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.6 You acknowledge and agree that each member of the group of companies of which LaCantina Doors is the parent shall be third party beneficiaries to the Terms and the Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
18.7 The Terms, and your relationship with LaCantina Doors under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and LaCantina Doors agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from the Terms and the Agreement.
Notwithstanding this, you agree that LaCantina Doors shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18.8. You expressly understand and agree that any dispute under the agreement will first be subject to mediation, through a mutually agreeable mediator, each side to bear their own mediation costs. If mediation is not successful, then the dispute must be submitted to binding arbitration, pursuant to the arbitration laws of the state of California, United States. The prevailing party to any dispute under this agreement will be entitled to recover its reasonable attorney fees, costs and expert fees.

19. ADDITIONAL TERMS FOR EXTENSIONS FOR SPACE
19.1 From time to time, Space may check with remote servers (hosted by LaCantina Doors or by third parties) for available updates to extensions, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
19.2 From time to time, LaCantina Doors may discover an extension that violates LaCantina Doors developer terms or other legal agreements, laws, regulations or policies. Space will periodically download a list of such extensions from LaCantina Doors’ servers. You agree that LaCantina Doors may remotely disable or remove any such extension from user systems in its sole discretion.

June 24, 2010