Effective Date: April 15, 2021

 

Mars University’s services and products are provided by Mars University, an incorporated U.S. nonprofit benefit Corporation in Santa Clara County, California that is doing business as MarsU, also referred to as we and our in this document. Mars University’s Mars Settlement and Exploration (MSE) certificate 2021 is herein referred to as the Program.

 

The Products and Services referenced throughout this Contract refer to any and all activities provided by MarsU, or its affiliates, before, during, and after the Mars Summer Program. By checking the box indicating that you agree to MarsU’s Terms and Conditions and Privacy Policy, you are agreeing to enter into a legally binding contract with MarsU. We encourage you to read the Terms and Conditions carefully before clicking “Submit.” This Contract is an agreement between the Student or Applicant, hereto referred to as “you”, and MarsU.

 

Changes to the Terms. MarsU reserves the right to modify the Terms and Conditions and to create additional conditions at anytime before, during, or after using Mars University Products and Services. If there are adjustments to the Terms and Conditions contract that will significantly impact your experience, we will provide proper notice for you to review before adopting and they are made effective.  You may propose adjustments and/or terminate the Terms as described in the section “Changing and Terminating Services”, If you continue to use MarsU Products and Services, you acknowledge and agree to the amended or new terms.

 

Who May Use Services. To use and experience MarsU Products and Services, you agree that you (i) are at least the “Minimum Age” described below, (ii) have the authority to enter into these Terms if you are doing so on behalf of yourself or other organization, and (iii) will use the Services in compliance with the Terms described and all applicable laws. “Minimum Age” means 18 years of age unless local law requires that you must be older in order for MarsU  to lawfully provide the Services to you without parental consent (including use of your personal data), then the Minimum Age is the older age of consent applicable in your jurisdiction. We allow individuals of all backgrounds and countries to apply and experience the Program if admitted into the Program. By submitting the Application to MSE, you agree that you can read, understand, and speak English on the graduate or university level with other highly proficient, fluent, or native speakers of the English language, as mentioned in the Student Application.

 

Privacy Policy. MarsU may collect and process your personal data to provide the Products and Services. MarsU’s practices on processing and using personal data is further outlined in the MarsU Privacy Policy Statement. We encourage you to review the terms of our Privacy Policy Statement and your privacy choices before using our Services.

 

“When you interact directly with others while using our Products and Services, you should be cautious about the personal information you decide to share with them. We do not control what others choose to do with any personal information they obtain from users while using our Services, and we cannot be responsible for such use.”

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Communications. Before, during, or after using the Products or Services,

you agree that MarsU may provide notices and messages to you via email, phone number, physical address, etc., or another contact information method provided. You agree to keep your contact information up to date so that we may reach you when needed.

 

Payment. If you buy any Services, you agree to pay the applicable fees and taxes. Paid Services will be subject to additional invoice, payment and refund terms and conditions presented to you at the point of sale.

 

User Content and Information.  You agree that MarsU can share any content that you provide before, during, or after the Program about you, your activities with MarsU,  written information and commentary about MarsU or relevant third party content, photos, video files, audio files, and other materials (“User Content”). You agree that MarsU is not obligated to publish any User Content and may remove it in its sole discretion, without notice. MarsU is not responsible for examining or evaluating User Content or the accuracy of any materials you or others post. Should the you wish for content about or relevant to you not be shared outside of MarsU, you must explicitly communicate your request verbally and/or electronically to the most relevant MarsU Faculty, Staff, or Collaborator and your request will be dealt with on a case by case basis.

 

We welcome your suggestions, ideas, comments, and input, herein referred to as “Feedback” regarding MarsU Products and Services. By clicking submit, you grant us the right to use the Feedback without any restriction or any compensation to you.

 

Services are only available in English and are not available in all countries. MarsU makes no representation that the Services are appropriate or are available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and agree to use the Services only as permitted by these Terms and any applicable laws or regulations (including any local laws), as well as any additional policies or guidelines MarsU  may adopt.

 

Unauthorized Use and User Content.  You agree that you will not use the Services for unlawful and unauthorized purposes. You may not use the Services in conflict with these Terms or applicable law. You agree that, when using our Services, you will not share User Content that:

 

• contains illegal material or promotes illegal activities;

• contains threats or is intended to organize acts of violence;

• harasses others through the use of abusive or otherwise inappropriate content directed at private individuals;

• violates intellectual property, privacy or other rights of another party. To be clear, you should never share content that you do not have the right to share, claim content that you did not create as your own, or otherwise take someone else’s intellectual property or other rights. You should always attribute materials used or quoted by you to the original copyright owner; and

• spams others. Do not share irrelevant or advertising, promotional, or solicitation content.

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In addition, unless you have prior written authorization from MarsU, you agree NOT to do any of the following:

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• misrepresent your identity, affiliation with any person or entity, including MarsU;

• share your password or otherwise put your account at risk;

• use or attempt to use another user’s account or personal information

• solicit email addresses or create spin-off promotional communications using information from any User Content, MarsU Materials or other MarsU hosted resources;

• Develop, use or distribute software, devices, scripts, robots or another means to copy the Products, Services, or proprietary data provided by MarsU; 

• override any security feature or bypass or circumvent any access controls or use limitations of the Services;
  post anything that contains viruses, worms, malware, or any other harmful code;

• reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Products and Services or any related technology that is not open source;

• deep-link the Services for any purposes other than to promote your profile or a cohort;

• use bots or other automated methods to access the Services, add or download contacts, send or re-direct messages;

• monitor the availability, performance or functionality of Products and Services;

• overlay or otherwise modify the Products and Services or their appearance;

• interfere with the operation of, or place an unreasonable load on, the Service (e.g., overloading, spamming, mail-bombing, etc.);

• access, tamper with, or use non-public areas of MarsU’s systems;

• attempt to break or circumvent authentication or security measures or otherwise test the vulnerability of MarsU systems or networks;

• reproduce, transfer, sell, resell, or otherwise misuse any content from the Products and Services; and

• assist another user or any other third party in engaging in any of the above behaviors.

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You are also responsible for ensuring that all User Content you share complies with the Terms and applicable law, including respecting the intellectual property rights of others. Specifically you agree not to upload or to provide illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, patents, etc.) for which you do not have a valid license (“Unauthorized Content”).

We reserve the right to remove User Content you share as well as to terminate your further use of the Products and Services in the event you breach these Terms or other applicable MarsU Terms and Conditions, Policies, or applicable law or regulations.

 

Limited License

 

MarsU Proprietary Information. Before, during, or after the Program, MarsU may provide you access to certain MarsU Proprietary documentation, information, software, databases, tools, lists, platforms, and intellectual property (“MarsU Proprietary Information”). You agree that any MarsU Proprietary information provided as part of the Products and Services are licensed to you and may be used by you only in accordance with these Terms as well as any additional license terms and conditions that may accompany collaboration and Proprietary Information.

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License to Student. We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services for your personal, non-commercial use. You may only use the Services on devices that you own or control. Accessing and using our Services and/or MarsU  Materials does not give you ownership of any intellectual property or proprietary rights in either. MarsU  and/or its licensors and suppliers retain ownership of all rights, title, and interest in the Services and MarsU  Materials, and except for the limited use rights expressly granted in these Terms, no other rights or licenses are granted or implied. You will not use the Services in any way that is inconsistent with these Terms or that infringes any intellectual property or proprietary rights of MarsU  or any third party.

 

License from Student. You retain all intellectual property rights to, and are responsible for, any User Content you share. We are allowed to share your User Content with anyone through any media, including promoting it via advertising on MarsU  and third party sites or channels. In legal terms, this means you grant MarsU  a non-exclusive, royalty-free, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any information and User Content that you provide through the Services, without any further consent, notice, accounting, and/or compensation to you or others. Because you own your User Content and information and we only have non-exclusive rights to use it, you may choose to make your User Content available to others as you choose.

 

MarsU Trademarks. MarsU , the MarsU logo, and other MarsU  trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of MarsU  in the US and/or other countries. Other trademarks or logos used in connection with the Services may be the trademarks of their respective owners. You are not granted any right or license in any of these trademarks, and you will not remove, obscure or alter any proprietary notices (including trademark and copyright notices) found in or on sites, content, MarsU  Materials or other information related to the Services.

 

Third Party Content and Services. When using our Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not generally review content provided by our users or other parties. You agree that we are not responsible for others’ (including other users’) content or information. It is not possible to prevent every possible misuse of our Services, and you agree that we are not responsible for any misuse. If you have questions or concerns about content posted or another User’s behavior, please consult the MarsU  Community Guidelines for information about how to reach out to MarsU  to communicate your concerns.

 

You are responsible for deciding if you want to access or use third party apps and sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your MarsU  account, that app or site can access information on MarsU  that’s related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your personal information in ways that MarsU  would not use it. Except to the limited extent required by applicable law, MarsU  is not responsible for these other sites and apps – use these at your own risk.

 

Third Party Apps and Software. With respect to third party apps and software that may be included in or accessed by our Services (“Other Software”), you are not permitted to: (a) reverse engineer or attempt to derive the source code from or create derivative works of the Other Software, or any portion thereof; (b) sublicense or distribute the Other Software or rent, electronically distribute, timeshare, or market the Other Software by interactive cable, (c) access, use, or copy any portion of the Other Software to directly or indirectly develop, promote or support any product or service that is competitive with the same Other Software, (d) remove any identification, patent, trademark, copyright, or other notice from the Other Software; (e) interfere with or disrupt the integrity or performance of the Other Software or third-party data contained therein; (f) attempt to gain unauthorized access to the Other Software, including access to other Users’ data; (g) disclose or publish, without the licensor’s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Other Software; (h) use the Other Software in any manner that violates any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign; or (i) use, reproduce, distribute, or permit others to use, reproduce, or distribute any Other Software apart from the Services.

 

Open Source Software. The Services may contain software licensed under the terms of separate open source software licenses (“Open Source Software” ). Such Open Source Software is licensed under the terms of the license that accompanies the Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supercede, the terms and conditions of any applicable end user license for such Open Source Software.

 

Location Data. MarsU , as well as select MarsU  suppliers and certain MarsU  business partners (collectively, “MarsU  Business Partners”) may provide certain features in the Services, such as those that rely on location information. To provide and improve these location-based Services, where available, MarsU  and MarsU  Business Partners may transmit, collect, maintain, process, and use your location data. The location data and queries collected by MarsU  help provide and improve location-based Services. By providing consent and using any location-based features provided by or through the Services, you agree and consent to the transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such Services. You may withdraw this consent at any time by going to the Location Services setting on your device and either turning off the global Location Services setting or turning off the individual location setting for the Services at issue.

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Removal of User Content and Copyright. You acknowledge and agree that MarsU  reserves the right to remove any material, including your User Content, from any MarsU  site if MarsU  receives notification claiming such material is Unauthorized Content or if it determines, in its sole discretion, that the User Content violates the Community Guidelines or the restrictions set forth in the “Unauthorized Use and Content” section of these Terms.

 

If you believe that your content has been copied and posted on the Services in a way that constitutes copyright infringement, please immediately contact our Copyright Agent. Pursuant to the Digital Millennium Copyright Act (DMCA) of 1998, 17 U.S.C. 512(c)(2), our designated Copyright Agent for notice of alleged copyright infringement in connection with the Services can be reached at: copyright@su.org. We reserve the right to delete or disable any material alleged to violate these Terms and to terminate repeat infringers.

 

Federal law requires your DMCA Notice to include the following information:

 

1. Identification of the copyrighted work that you claim has been infringed;

2. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;

3. Your address, telephone number, and email address;

4. A statement declaring under penalty of perjury that: (i) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (ii) the above information in your notice is accurate, and (iii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and

5. Your physical or electronic signature. 

 

No Warranty. You acknowledge and agree that the products and services are provided on an as is and as available basis and that your use of the services are at your own discretion. MarsU and its officers, directors, employees, faculty, partners, contractors, and licensesors (Collectively, referred to as MarsU Affiliates) disclaim all warranties of any kind. This includes but is not limited to implied warranties of merchantability, fitness, and non-infringement. If any warranty exists under law that cannot be disclaimed, MarsU shall be solely responsible for MarsU Warranty.

 

Limitation of Liability. As corresponding to applicable law, MarsU or its licensors will not be liable for personal injury, incidental, consequential, punitive, special, or indirect damages, or for lost profits, lost income, revenue, use, data, business opportunity, or cost of substitute goods. This applies regardless whether or not MarsU was aware of or should have been aware of possibility of these damages and even if MarsU damages were foreseeable. The total liability to MarsU or license shall not exceed the amount of twenty U.S. dollars, $20.00, (other than as may be required by applicable law in cases involving personal injury).

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Additionally, MarsU, MarsU Affiliates, and Licensors disclaim any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the products and services. If you are dissatisfied with the products or services of MarsU, MarsU Affiliates and Licensors, you always have the right to stop using the products and services at any time.

 

Indemnity. At MarsU ’s request, you agree to indemnify, defend, and hold harmless MarsU  and the MarsU  Affiliates from any and all demands, losses, liability, damages, claims, suits, costs and/or expenses (including attorneys’ fees) arising out of: (1) your use or attempted use of the Services in violation of these Terms; (2) your violation of any law or rights of any third party in connection with your use of the Services; and/or (3) your contribution of User Content and your use or contribution of Unauthorized Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

Changing and Terminating Services. MarsU  may change, enhance, or discontinue providing a Service at any time in its sole discretion. Either MarsU  or you may terminate the Services and this Contract at any time with written notice to the other. On termination of this Contract, you lose the right to access and use the Services. The following rights will survive termination of this Contract:

 

Our rights to use and disclose your User Content;

Users’ or third parties’ rights to further share the User Content you shared through the Services to the extent copied or re-shared prior to termination;

Any amounts owed by either party prior to termination remain owed after termination; and

• The following additional Sections of these Terms:

• Take Down Policy and Copyright

• No Warranty

• Limitation of Liability

• Indemnity

• No Obligation to Retain User Content

• Governing Law and Dispute Resolution

• Legal Notices

• Other General Terms

 

If your use of paid Services is suspended or terminated through no fault of your own, a full or partial refund may be available according to the terms found in our Refund Policy.

 

No Obligation to Retain User Content. MarsU  is not a User Content storage service. We do not promise to store or keep showing information and User Content you or others have posted. You agree that we have no obligation to store, maintain, or provide you a copy of any User Content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

 

Export Control. Use of Services and MarsU  Materials as well as select User Content may be subject to export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, MarsU  Materials and User Content covered by these laws may not be exported or re-exported (1) into any U.S. Embargoed Countries or Territories; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in, or a national of, a U.S. embargoed country or territory and that you are not on any government sanctions or watch list.

 

You agree that you will not (i) use the Services, MarsU  Materials, or User Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, or (ii) distribute the Services, MarsU  Materials, or User Content to any third party who you know or have reason to suspect will use them for any purpose prohibited by United States law.

 

Governing Law and Dispute Resolution. The Services are managed by MarsU , which is located in Santa Clara County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the personal jurisdiction and exclusive venue of the federal and state courts located in and serving Santa Clara County, California as the legal forum for any dispute.

 

Legal Notices. You agree that email notices sent by MarsU  will satisfy any legal communication requirements and that you are obligated to keep your email address current in your MarsU  account so that you receive up-to-date notices. You may provide legal notice at anytime via email to the following address: info@mars.university.

 

If you choose to provide legal notice via mail delivery, you agree that the only way to provide us legal notice is at the mailing address provided below and delivered in one of two ways: (i) three business days after having been sent by commercial overnight carrier with written proof of delivery; or (ii) five business days after sending by certified mail, postage prepaid to the MarsU Mailing Address:

 

Mars University

4646 13th st N, 

Arlington, VA, 22207

 

General Terms. Some Services we offer are also governed by supplemental terms. If you use any of these Services, supplemental terms will become a part of our agreement. For instance, if you post or share User Content, you must comply with our Community Guidelines. To the extent any supplemental terms conflict with these Contract terms, the supplemental terms shall govern. Unless there are supplemental terms, this Contract makes up the entire agreement between you and MarsU  regarding your use of our Services. These terms supersede any prior agreement between us. We reserve all rights not expressly granted to you.

 

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable to effect the original intent of the parties to the maximum extent possible, and the rest of the Contract shall remain in full force and effect.

 

If we don’t act to enforce a breach of this Contract, that does not mean that MarsU has waived its right to enforce this Contract.

 

You may not assign or transfer this Contract (or your use of the Services) to anyone without our prior written consent, which may be withheld in our sole discretion due to the unique character of the Services. You agree that MarsU  may assign this Contract without your consent to a party that acquires it. There are no third party beneficiaries to this Contract.

 

Notice for California Users. Under California Civil Code Section `789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.