These Terms and Conditions of Use of Services (“Terms”) applies to visitors of the Virgin Galactic (defined below) websites, mobile applications, user portal, social media and other digital assets including all content found of all platforms (collectively the “Services”).
These Terms are between you and the below companies (collectively “Virgin Galactic,” “we,” “us” or “our”) and govern your access and use of the Services:
Virgin Galactic Holdings, Inc. is a Delaware corporation with a place of business at 1700 Flight Way, Tustin, California 92782, United States.
Virgin Galactic, LLC is a Delaware limited liability company with a place of business at 1700 Flight Way, Tustin, California 92782, United States.
Virgin Galactic Limited is a limited company registered in the United Kingdom with its registered office at Soho Works, c/o Virgin Galactic Ltd., 72-74 Dean Street, London W1D 3SG.
Galactic Co., LLC is a Delaware limited liability company with a place of business at 1700 Flight Way, Tustin, California 92782, United States.
Galactic Enterprises, LLC is a Delaware limited liability company with a place of business at 1700 Flight Way, Tustin, California 92782, United States.
Virgin Galactic Vehicle Holdings, Inc., is a Delaware corporation with a place of business at 1700 Flight Way, Tustin, California 92782, United States.
Vehicle Holdings, Inc. is a Delaware corporation with a place of business at 1700 Flight Way, Tustin, California 92782, United States
Our Privacy Policy defines and describes “Personal Information” we collect about you and how we use it, is integrated into our Terms.
These Terms govern your use of the Services, so please read them carefully. Except as provided by law, by accessing the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services. If you would like to access previous versions of this Terms, please Contact Us.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU CONTINUE. BY ACCESSING THIS WEBSITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS OF USE AND ARE DEEMED TO HAVE ACCEPTED THE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE.
A. Privacy Disputes
If you have a customer privacy complaint, please review our Privacy Policy.
B. Arbitration Notice
Other than as set forth above, and as permitted under applicable laws, you and we agree that if there is any dispute or claim arising from or related to our Services, these Terms and/or the Privacy Policy, it will be resolved by confidential binding arbitration in Orange County, California, rather than in court, after first giving Notice of the Dispute to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. The notice should be sent to Virgin Galactic, LLC, Attn: Legal Department, 1700 Flight Way, Tustin, California 92782. This notice must include a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and we are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. BY PROCEEDING, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND agree OTHERWISE TO PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
Claims arising out of these Terms, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in according with the JAMS International Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules.
The arbitration shall be held in Orange County, California or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of California including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language to be used in the arbitration proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in accordance with the jurisdiction of a court located in Orange County, California.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we makes any changes to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND VIRGIN GALACTIC AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. The parties also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in consolidated or representative actions. All claims, disputes and other matters in question arising out of these Terms, and not otherwise resolved in accordance with JAMS’s rules, shall be brought in accordance with Section XVII of these Terms.
In the event of any inconsistency between these arbitration provisions and any other provisions or agreements related to these Terms, these arbitration provisions shall control.
C. Claims and Disputes Must Be Filed Within One Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services or other content, must be commenced within one (1) year after the claim or cause of action arises. This Section applies to you and your heirs, successors and assigns.
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.
If you believe that your work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
A description of the copyrighted work that you claim has been infringed;
Identification of the URL or other specific location on the website(s) where the material you claim is infringing is located;
Your name, address, telephone number, email address and statement that you are an authorized person to act on behalf of the owner of the copyright;
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
An affidavit submitted by you, sworn to, and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Virgin Galactic designates the following as its agent for receipt of notifications of claimed copyright infringement:
Virgin Galactic
1700 Flight Way, Tustin, CA 92782, USA.
Attn: Privacy Team - Copyright Notice
+1 (949) 774 7640
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.
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.
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.
Certain Services enable you to submit Personal Information about yourself to us. These include the Services that allow you to apply to fly with us or to apply for a job with us. You will not be able to access certain Virgin Galactic Services unless you make a final reservation or create an account.
If you choose to submit such Personal Information, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to regularly update this information to maintain its accuracy. In addition to these Terms, you agree to the collection and use of your Personal Information as provided in our Privacy Policy. You agree that you will not impersonate any other individual.
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 Licensed Parties, a worldwide, perpetual, royalty-free, transferable, sublicensable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information or materials you share with us throughout the world in any media, including any text, images and videos shared by you with us on social media (e.g., Facebook, Twitter or Instagram) or submitted through the portal. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content.
If you apply for a job through our recruitment page, you are responsible for maintaining the confidentiality of your account information, and you are fully responsible for all activities that occur under your account. You agree to notify us immediately if you become aware of any unauthorized use of your password or username or any other breach of security.
You may be required to create an account with Virgin Galactic in order to access certain Services or areas of the website, such as the Virgin Galactic user portal (“User Portal”). You are granted hereunder a non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the User Portal only as permitted herein. You are not permitted to transfer, resale, redistribute, relicense or otherwise use the User Portal in any way that is inconsistent with this limited use license. By accessing the User Portal, authorized users represent that they are authorized to view the information available and/or take those actions it submits via the portal, all of which are binding upon you. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In addition to all other rights available to Virgin Galactic including those set forth in these Terms, Virgin Galactic reserves the right to deny access to the User Portal, in its sole and absolute discretion, at any time and for any or no reason. Virgin Galactic disclaims all liability resulting from or arising out of the unauthorized access of a user account.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its related content:
for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
to solicit others to perform or participate in any unlawful or prohibited acts;
to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
to use the Services in any manner prohibited by any applicable laws, restrictions or regulations.
to infringe upon or violate our intellectual property rights or the intellectual property rights of others or to delete the copyright or other proprietary rights notice from any content;
to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
to submit false or misleading information or otherwise attempt to mislead or impersonate another;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services (or related website, other websites or the internet) or Services;
to collect or track the Personal Information of others;
to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware for any damaging, obscene or immoral purpose;
to interfere with or circumvent the security features of Services (or related website, other websites or the internet) and/or Services, including those to prevent copying of content or that limit use;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
systematically to retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
to use a buying agent or purchasing agent to make purchases on the Services;
to use the Services to advertise or offer to sell goods and services;
to engage in unauthorized framing of or linking to the Services;
to engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
to interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services;
to sell or otherwise transfer your profile or User Portal account;
to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript or other code;
to upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, malicious code or other material, including excessive use of capital letters, spamming or continuous posting of repetitive text, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or internet browser usage, to use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or
to engage in conduct that in any way may be deemed a breach or violation of any of our Terms or our Privacy Policy.
We reserve the right to terminate some or all of your use of the Services for violating any of the prohibited uses. In addition, by breaching any of the provisions above, you may be committing a criminal offense. We will report any such behavior to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them.
We may in our sole discretion at any time and for any reason without giving you prior notice, take any or all of the following actions:
withdraw or suspend access to the Services;
restrict your access to the Services;
discontinue any related subscriptions to additional services offered through the Services; and/or
terminate any Services account you create while applying to fly with us or seeking employment with us.
If we take any of the above actions and notify you of such action, you must promptly destroy any content you downloaded or printed from the Services.
alter or amend any Press Content, other than adjusting the size or technical attributes of the Press Content to the extent strictly necessary to reproduce, republish, display or distribute the relevant Press Content in the relevant permitted media;
sell or make any other commercial use of the Press Content (including, but not limited to, by using Press Content on posters, t-shirts, coffee mugs, calendars, books or other items);
insert any advertising or other promotional content into any Press Content;
impersonate any person or entity or misrepresent your affiliation with any other person or entity, including Virgin Galactic;
use any of the Press Content or the Sub-Site in any manner that is obscene or illegal, defames any person or entity or disparages or tarnishes any of the Press Content or the reputation, image or intellectual property of Virgin Galactic, its licensors or any member of Virgin Galactic or any related entity, or that could reasonably be expected to do so;
alter or remove any copyright, trademark or other proprietary notices contained in the Press Content;
attempt to gain unauthorized access to other computer systems through the Services, or use the Services in any manner with the intent to interrupt, damage, disable, overburden or impair the Services;
combine Press Content to exceed four minutes in duration; or
violate these Terms.
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.
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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
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.”
You agree that the Terms (including any non-contractual disputes or claims relating to the Terms) will be governed by and construed in accordance with the laws of California, without reference to any conflict of law rules. However, this restriction does not intend to prevent you from benefiting from any mandatory protections afforded to you under the law applicable in the country in which you live.
You also agree that any claim, cause of action or dispute you have with us arising out of or relating to your use of the Services or these Terms, that cannot be solved by arbitration in accordance with Section II of these Terms, shall be resolved exclusively in a court located in Orange County California, Orange County, and to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
The Terms constitute the entire agreement between you and us in relation to their subject matter.
These Terms shall remain in full force and effect at all times while you use our Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR SERVICES WITHOUT WARNING, IN OUR SOLE DISCRETION.
If any provision of the Terms is deemed invalid by a court with jurisdiction over the parties, the provision at issue will be interpreted to reflect the original intentions of the parties in accordance with applicable law and the remainder of these Terms will remain valid and applicable.
The failure of us to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive the right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Also, there are no third-party beneficiaries to the Terms.
We shall have the right to assign our rights or delegate any of our responsibilities under these Terms at any time, including to an affiliate or in connection with a merger, consolidation or reorganization for the sale of substantially any or all of our assets.
We reserve the right to change, modify or amend this Terms at any time to reflect changes in our Services or products and service offerings, or to accommodate new technologies, regulatory requirements or other purposes. If we modify our Terms, such changes will be effective upon posting. Continuing to use or access the Services constitutes your acceptance to any changes to the Terms. If you would like to access previous versions of this Terms, please Contact Us.
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Virgin Galactic will use commercially reasonable efforts promptly to respond and resolve any problem or question.
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