III. Intellectual Property
The Services (including, but not limited to, articles, text, images, graphics, photographs, videos, audio, logos, trademarks (registered or unregistered), service marks, user interface, design, content, features, functionality, artwork, videos, software, posts, domain names, computer code and the selection, coordination and arrangement of such content and the underlying software (the “Materials”)) are protected by the intellectual property laws of the United States and other intellectual property laws and treaties around the world. All intellectual property rights in the Services or the Materials are the exclusive property of Virgin Galactic or its licensors to the full extent permitted under applicable intellectual property laws and treaties. You may not copy, reproduce, distribute, publish, enter into a database, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use or in any way exploit the Materials or the Services, in whole or in part except:
in respect of any content that you have posted on the Services, or;
where we expressly permit you in writing to do so. Except as expressly provided in these Terms, you are not granted any express or implied rights to the Services, Materials or any other intellectual property associated with the Services.
Any unlawful or unauthorized use of the Services or any Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Personal Information (as defined in our
Privacy Policy).
Except as expressly set out in these Terms, you are authorized to view the Materials on the Services for personal non-commercial use only. If you print, copy or download any part of the Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
You may not use or access any service, information, application, software or any of the Materials available on the Services in any way not expressly permitted by Virgin Galactic, nor may you mirror the Services.
The Virgin Galactic logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by Virgin Galactic, or in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Virgin Galactic.
All other trademarks displayed on the websites are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of Virgin Galactic by those third parties.
V. Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. NEITHER VIRGIN GALACTIC, ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
IN NO EVENT WILL VIRGIN GALACTIC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
A. Errors, Inaccuracies and Omissions
Our Services may contain typographical errors, inaccuracies or omissions that may relate to our offerings, promotions, packages, programs, events and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment or form).
We do not take on any obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products and services, except as required by law.
No specified update or refresh data applied in the Services should be taken to indicate that all information in the Services or on any related Services has been modified or updated.
B. Your Links to Our Services
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
You may not link to the Services in a manner that damages our reputation, takes advantage of it or implies that Virgin Galactic is in any way associated with your website or endorses it. The Services must not be framed on any other site, nor may you create a link to any part of the Services other than the home page. You must also make any users of the link aware that their access to and use of the Services is subject to these Terms. You must not establish a link to the Services in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
C. Our Links on Other Services
Our Services might include links to other websites, mobile applications or social media platforms. Any such links to the websites or other properties of third parties are provided for your convenience only, and such links do not imply endorsement by Virgin Galactic or affiliation of such third-party websites or the content contained therein.
We are not responsible for examining or evaluating the content, availability or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products or services of other websites.
Virgin Galactic disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning any third-party websites and their product or content offerings. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions or concerns regarding other parties should be directed to that party.
We expressly reserve the right to delete or modify any link on the Services at any time and for any reason.
VI. Non-Exclusive, Non-Transferable License to Use Our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services for your personal and educational purposes if they do not violate any aspect of these Terms or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to Virgin Galactic, as well as its respective licensees, authorized agents, successors and assigns (herein collectively referred to as the “Licensed Parties”), a worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right to use, publish, broadcast, post online and copyright (i) your name, voice, picture, portrait and likeness (“Name and/or Likeness”) as such Name and/or Likeness appears throughout Your use of our Services and (ii) the content you provide to be used in and in connection with advertising, marketing and promoting Virgin Galactic, its products and services, or its sponsored events, in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised.
Notwithstanding the foregoing, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. Our use of Your Name and/or Likeness does not imply any endorsement of or any affiliation with you or other content you may publish or create.
VII. Links to Third-Party Content and Websites
The Services may contain links to third-party content or third-party websites. Your use of external websites linked from the Services, including, but not limited to, Virgin Galactic’s Facebook, TikTok, X, Instagram, LinkedIn or YouTube are governed by the Terms and privacy policies applicable to those respective sites. Please review those websites terms and conditions and privacy policies.
Unless expressly stated to the contrary, we do not make any endorsement of or representation concerning any such linked websites, nor do we assume any liability in connection with any linked websites, any advertising, products or services available from such linked websites, your use of such linked websites, or any dealings you may have, or the consequences of such dealings, with the operators of those linked websites.
Any opinions, advice, statements, offers or other information or content expressed or made available by third parties, are those of the third party and not of Virgin Galactic.
XIII. Children
In general, the Services are not intended for children. It is intended only for users over the age of eighteen (18). We do not knowingly collect, maintain, sell or share any Personal Information on our Services from persons under thirteen (13) years of age (or sixteen (16) where applicable under law), and no part of our Services are directed to persons under thirteen (13) years of age (or sixteen (16) where applicable under law).
We may link to third-party websites that may collect data from children. These third-party websites have their own privacy policies and terms of use. See third-party website links for more information.
For certain activities in which children are allowed to participate, any request for Personal Information (such as registration data) is intended for and directed to the parent or legal guardian.
CHILDREN: If you are under thirteen (13) years of age, please do not use or access our Services at any time or in any manner. Upon learning of the existence of information concerning persons under thirteen (13) years of age (or a higher age threshold where applicable that has been collected by us without verified parental consent), we will take appropriate steps to delete it.
PARENTS/LEGAL GUARDIANS: In accordance with the provisions of the Children’s Online Privacy Act, in the event that we do begin collecting any Personal Information or data from children under the age of thirteen (13) (or sixteen (16) where applicable under law), we will notify parent(s) or legal guardian(s) first, and will seek parental or legal guardian consent to collect, use and/or disclose certain Personal Information from children under the age of thirteen (13), or sixteen (16) where applicable. Parent(s) or legal guardian(s) may review and have deleted their child’s Personal Information and may refuse to permit further collection or use of their child’s information bycontacting us as noted below. Parent(s) or legal guardian(s) may consent to our collection and use of their child’s Personal Information without consenting to the disclosure of that information to others.
We encourage parents and guardians to monitor their children’s online behavior, put parental control tools in place and teach children not to provide their Personal Information through the Services without parental consent.
If you are using our Services from the EU, EEA or UK, please see our further disclosures regarding children’s data and privacy.
Contact us at
privacy@virgingalactic.com if you believe that we have mistakenly or unintentionally collected information from a child under the age of thirteen (13).
By using our Services, you represent that you are at least the age of thirteen (13) (or sixteen (16) where applicable under law), or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our Services. If we learn we have collected or received Personal Information from a child under the age of thirteen (13) (or sixteen (16) where applicable under law) without verification of parental consent, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
XIV. Reservation of Rights, Warranties and Liability for Losses
We reserve our rights to pursue all remedies available to us under applicable law for any breach of these Terms or inappropriate conduct.
The Services and its contents are provided to you on an “AS IS” basis. We make no representation or warranty of any kind whatsoever relating to the Services or other content that may be accessible directly or indirectly through the Services. To the fullest extent permitted by applicable law, we disclaim all such representations and warranties. Without limiting the generality of the foregoing, to the fullest extent permitted by applicable law, we expressly disclaim all warranties:
of merchantability or fitness for a particular purpose;
against infringement of any third-party intellectual property or proprietary rights;
relating to the transmission or delivery of the Services;
relating to the title, description, accuracy, reliability, correctness, availability or completeness of data made available on the Services or otherwise by us;
otherwise relating to performance, non-performance or other acts or omissions by us or any third party;
that the Services will meet your needs or requirements or the needs or requirements of any other person; or
that the content on the Services is free of viruses or other harmful components.
To the fullest extent permitted by applicable law, neither Virgin Galactic nor any other member of the Virgin Galactic entities listed in this policy accept any liability for any error, omission, interruption, defect or delay in information provided on the Services, or for any failure to update information on the Services, other than to extent any such liability arises as a direct result of Virgin Galactic failing to take reasonable skill and care in making the Services available.
To the fullest extent permitted by applicable law, in no event shall we be liable for any:
economic losses or damages including any loss of profits, sales, business or revenue;
loss of goodwill or reputation; or
indirect or consequential loss or damages, in each case, whether based on contract, tort, negligence, strict liability, statute or otherwise and arising out of or in connection with:
your access, use, misuse, loss of use or any delay or inability to use the Services;
any loss or corruption of any data as a result of your use of the Services;
the security of the Services;
any failure of performance, error, omission, interruption, defect or delay in operation or transmission of the Services;
any viruses which may infect your computer equipment or other property as a result of your use of the Services;
any breach of security by hackers; or
any content obtained through the Site, or otherwise arising out of the use of or access to the Services.
By your use of the Services, you release Virgin Galactic, its affiliates, its licensors and all Virgin Galactic entities listed in these Terms from any claims, demands and damages of every kind and nature arising out of or in any way connected with the Services.
In the case of jurisdictions that restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the relevant law in such jurisdictions. The above limitations do not, in any way, exclude any liability of Virgin Galactic, its affiliates, its licensors or any Virgin Galactic entity listed in this policy where it would be unlawful to do so.
Your access to and use of the Services is at your own risk. If you are dissatisfied with the Services or any of its content, your sole and exclusive remedy is to discontinue using and accessing the Services.
By using the Services, you acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code § 1542, that otherwise might limit your waiver of such claims.
XVI. Your Indemnification to Us
You agree to defend, indemnify and hold harmless Virgin Galactic, its affiliates, including the entities named in this policy, and any parent, subsidiaries, affiliates and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns with respect to claims, costs (including attorneys' fees and costs), damages, liability, expenses or obligations of any kind arising out of or in connection with your access to or misuse of the Services.
We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case, you agree to cooperate with us to defend such claim.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
Without limiting anything set out above, you hereby release each of the indemnified parties from all damages, liability claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to the use of these websites. If you are a California resident, you expressly waive California Civil Code §1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.”