Eligibility
Our Site is not intended for minors. You represent that you are over the age of 18 and can form legally binding contracts under applicable law.
Privacy Policy
Information about you we collect from the Site shall be subject to our Privacy Policy, which is incorporated into these Terms by reference.
Intellectual Property and Other Proprietary Rights
The Site and its content, features, and functionality are and will remain the exclusive property of Teleskope and its licensors. The Site is protected by copyright, trademark, patent, trade secret, and other laws. Subject to your complete and ongoing compliance with these Terms, Teleskope grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for personal use. We reserve all rights not expressly granted to you by these Terms.
The Site (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Site are also copyrighted works. All copyrights in the Site are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Site, whether or not appearing in large print or with the trademark symbol, belong exclusively to Teleskope, its affiliates, and/or its licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Teleskope, its affiliates, or any third party.
Your Feedback to Us
By sending us any feedback, comments, questions, or suggestions concerning Teleskope, the Site, or any services we may provide (collectively, “Feedback”), you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Teleskope and its agents, employees, or directors any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of these Terms or the Site.
Links to Other Websites and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by us. Teleskope has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Teleskope shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Rules and Prohibitions
You agree not to use the Site to:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, crawl, spam, use bots or scripts, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Site;
- duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying idea or algorithm), or attempt to do any of the same;
- adapt, modify, translate, or create derivative works from the Site;
- violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- violate copyright, trademark, or other intellectual property laws;
- probe, circumvent, disable, or interfere with features related to security or authentication measures;
- impose unreasonable requests or burdens on our systems or resources, attempt to disrupt or otherwise overwhelm our infrastructure, or interfere with the access of any other user to the Site;
- use, reproduce or remove any copyright, trademark, service mark, trade name, or other proprietary notation displayed the Site without permission;
- use the Site in any manner that impacts (i) the stability of the hardware running the Site, (ii) the operation or performance of the Site or other user’s experience or use of the Site, or (iii) the behavior of other applications that use the Site;
- impersonate or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity;
- resell or make any commercial use of content on the Site without our prior written consent including, without limitation, using the Site to build a similar or competitive website, product, or service;
- obtain or attempt to access any materials through any means not intentionally made available through the Site; or
- attempt to directly or indirectly undertake any of the foregoing.
We have the right, but not the obligation, to monitor and record activity on the Site and respond as we deem appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate. We may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site or take any other action we deem appropriate.
We reserve all rights and remedies available to us, including but not limited to suspending or disabling your ability to access the Site for violation of these or other provisions in the Terms.
Termination
We may terminate or revoke your license to access or otherwise use the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to access or use the Site will cease immediately.
Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TELESKOPE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TELESKOPE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR ANY CONTENTS THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER TELESKOPE NOR ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; (IV) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; OR (V) THAT THE SITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF TELESKOPE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF TELESKOPE, ITS EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND/OR ITS LICENSORS (“TELESKOPE ENTITIES”) UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO 100 USD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TELESKOPE ENTITIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF TELESKOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Teleskope and its affiliates and their officers, employees, directors and agent harmless from and against any and all losses, damages, expenses (including reasonable attorneys’ fees and court costs), rights, claims, actions of any kind (including any inquiries or investigations), and injury arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Teleskope reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Teleskope in the defense of such matter.
If you are a California resident, you waive California Civil Code Section 1542, which says:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law and Venue
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Teleskope agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of New York.
Disputes Resolution
If you have any concern or dispute about the Site, you agree to first try to resolve the dispute informally by contacting Teleskope.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Changes to These Terms or the Site
We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) at any time with or without notice. You agree that Teleskope will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
We further reserve the right, at our sole discretion, to modify or replace these Terms at any time. Unless otherwise stated, such changes will be effective immediately upon being posted through the Site. We will provide notice of such changes where required by applicable law. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.
General
Entire Agreement. These Terms constitute the entire agreement between you and Teleskope and govern your use of the Site, superseding any prior agreements between you and Teleskope with respect to the Site.
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation. To the extent we have made a translated version of these Terms available, they are strictly for convenience. You agree that the original English text shall prevail in the case of a dispute.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
No Agency. No joint venture, partnership, employment, or agency relationship exists between you, Teleskope, or any third-party provider as a result of the Terms or use of the Site.
Contact Us
If you have any questions about these Terms, you can contact us:
- By email: contact@teleskope.ai
