Space For Arts Terms and Conditions
Effective as of October 20, 2016
Agreement between user and SpaceforArts
The SpaceforArts website (the "Site") is comprised of various web pages operated by SpaceforArts and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of SpaceforArts constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
We reserve the right to change these Terms at any time at our discretion. If we make changes to these Terms, we will provide notice of the changes, such as by sending you an email with the new Terms to the address we have on record for you. Your continued use of the Applications after you have received notice of the changes will confirm that you accept the changed Terms. You are responsible for ensuring that emails from SpaceforArts are not blocked, treated as spam or similar. Emails rejected by your email server or which go to a folder other than your regular inbox shall be deemed to have been received by you. We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Applications. If you do not agree to the changed Terms, you must stop using the Applications.
, which also governs the Site and informs users of our data collection practices.
Visiting SpaceforArts or sending emails to SpaceforArts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SpaceforArts is not responsible for third party access to your account that results from theft or misappropriation of your account. SpaceforArts and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Applications if you at any time provide inaccurate, false, or misleading information in connection with your account or profile.
In order to use our Services, you must be a US citizen or resident aged at least 18 years of age.
Description of the Services
The Services (the “Services”) are provided on the ShareTribe platform whereby a Host may post details of a Space, Hosts and Guests may communicate with each other regarding the Space, and a Guest may book the Space, at an agreed upon price, and subject to any other agreed upon terms set out in the Space Details and Booking Request. SpaceforArts does not
• (a) own, operate, provide, license, lease, rent, sell, resell, manage, or otherwise control any Space outside of its private offices located in the United States;
• (b) perform any background checks of Hosts or Guests; or
• (c) conduct any inspections of Spaces.
SpaceforArts does not endorse any Guest(s), any Host(s) or any Space(s). Rather, SpaceforArts’ sole responsibility is to make available a neutral communication and platform, subject to the terms of this Agreement, through which Hosts can notify details of Spaces and Guests can book and rent Spaces from Hosts.
• Adding and Managing Spaces
As a Host, you may add Spaces through the Services and describe Spaces you would like to make available for Guests to use, as set out in the relevant Space Details for each Space. At a minimum, the Space Details for a Space must include the following: location, size, and availability of the Space; all applicable charges inclusive of any Taxes; permitted and prohibited uses of the Space and any restrictions resulting from Applicable Laws including but not limited to planning/zoning laws or restrictions and covenants, conditions and restrictions applicable to any Space; rules concerning utility use; limitations on personal property allowed in a Space by a Guest; requirements of Guests to have any necessary insurance (e.g employer’s liability, public liability, general commercial liability, etc.); the disposition of any personal property left in any Space by a Guest; and any additional special rules, terms or conditions with which a Guest must comply. You may not use the Services to make any Space available for lease, sale, residential use or lodging purposes, or for criminal or illegal activities.
By adding a Space, you represent and warrant the following:
(i) all information provided in connection with the Space Details is accurate, truthful, current, and complete;
(ii) the applicable Space is fully insured for the purposes set out in the Space Details, and has been and will continue at all applicable times to be properly maintained and free of all safety hazards;
(iii) your addition of the Space Details will not violate any agreements you have with third parties, any Applicable Laws, or any other third party rights;
(iv) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the Space Details (including applicable insurance policies and approved planning use); and
(v) you have the full right to list the Space for rent to a Guest for the purposes described in the Space Details, including (if you are not the landowner/freeholder), having obtained permission in writing from your landlord, any superior landlords and the freeholder of the relevant Space and/or such permissions as may otherwise be required by the terms of your occupation/use of the Space. Hosts may edit the details of or remove their Space(s) in the Applications at any time prior to a Host confirming the Booking of Space. If SpaceforArts chooses to remove details of a Space, it has the right but not the obligation to remove such details at its sole discretion, at any time and without needing to give notice.
Hosts must list a day rate for Spaces (defined as 10 hours).
• Booking and Confirming Spaces
As a Guest, you may issue a Booking Request for a Space through the Services by selecting the desired Booking date(s), and by also submitting your payment information by connecting your PayPal account to your SpaceforArts account. By booking a Space using the Service, you represent and warrant the following:
(i) any payment information you supply is true and complete;
(ii) charges incurred by you will be honored by payment through your PayPal account and there are sufficient funds to honor the total transaction amount);
(iii) that you will pay the stated price for the Space, even if you are unable to use the Space during the time reserved;
(iv) that you will not make any alteration in, or permit any alteration to be made to, any Space; and that
(v) subject to you having been notified by the Host of the approved planning use for the Space and any formal regulations applicable to the use of the Space, you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the Space Details (including applicable insurance policies) and that you agree to any terms and conditions set out in the Space Details.
As a Host, you will confirm any reserved Spaces within 3 calendar days of the Booking Request, or the Booking will be automatically declined. The Host may not change any terms set forth in the Space Details after approving a Booking Request from the Guest that has reserved a Space on the basis of the previously advised Space Details, including any prices or payment terms. After the Host has confirmed a Booking, then the Guest will be charged the full Transaction Amount through PayPal. SpaceforArts charges a 10% Transaction Fee on the full Transaction amount. PayPal charges a 3% fee on all transactions.
SpaceforArts reserves the right to terminate a Host for any two or more failures to timely confirm a reservation. SpaceforArts reserves the right to terminate a Guest for any chargeback or declined payment authorization.
Unless otherwise stated in the Space Details, the start and end time of each Booking is inclusive of all setup time as well as tear down or cleanup time.
• Required Insurance
As a Guest, once you book a Space you are required to have adequate insurance in place to cover any people or property associated with the Space for the activities that you will conduct. As a Host, you are required to have adequate insurance in place to cover any people or property associated with the use of the Space by the Guest.
o Does not undertake to audit, verify or otherwise monitor the existence or quality of any User’s required insurance.
o Makes no representation that the coverage and amounts of such insurance will be adequate to protect the User.
o Shall not be deemed to have agreed that such insurance shall constitute a limitation of the User’s liability to SpaceforArts or another User.
Each User is solely responsible for selecting, obtaining and understanding its required insurance and assuring that such insurance is adequate to protect the User.
• Once you review the details of the Space and agree to proceed with payment, you will be asked to Checkout with PayPal. You will be taken to the PayPal site to complete payment. Once you have completed the payment, you will be taken to a page that displays the transaction details. No money will be transferred until the Host accepts the transaction.
• The Host will receive an email notification of a new transaction that needs to be accepted. If the transaction is not accepted within 3 calendar days, the transaction is canceled and no money is transferred from the Guest to the Host.
• If the transaction is accepted, the payment (minus PayPal’s payment processing fee) is transferred to the Host’s PayPal account. Both the Guest and the Host will receive a receipt of the transaction by email.
• SpaceforArts takes a 10% transaction fee on all transactions between Guests and Hosts. Once the transaction is complete between Guest and Host, the SpaceforArts 10% transaction fee will be moved from the Host’s PayPal account to SpaceforArts’ PayPal account.
• Guests and Hosts can begin to discuss freely and agree on the details of the Space rental. Once the Space rental is complete, the Guest and Host can mark the transaction as Complete inside your SpaceforArts Account.
• Upon marking the transaction as Complete, Guests and Hosts can review each other on SpaceforArts .
• GENERAL: If a Host confirms a booking and there is no reply from a Guest, then the transaction is cancelled within 3 calendar days.
• Taxes on Transactions Concerning Hosts and Guests
As a Host or Guest, you are solely responsible for complying with your obligations under Applicable Law regarding the application of value added taxes to any transactions, as well as income and/or corporation and/or local taxes and/or other Taxes payable in relation to such transactions, in consultation with your tax advisor. SpaceforArts may not, and does not, offer any Tax-related guidance to Users of the Services. The Host shall be responsible for ensuring that the booking rental cost is sufficient to cover all applicable Taxes, fees or other amounts assessed or imposed by any governmental (including local governmental) authority, which may be imposed on the Host in relation to or arising out of the transaction payment.
• Taxes on Transactions with SpaceforArts
Unless otherwise specified, the Transaction Fee is exclusive of Taxes, fees or other amounts assessed or imposed by any governmental authority (other than Taxes imposed on SpaceforArts net income). You will pay or reimburse SpaceforArts for all such Taxes, fees or other amounts attributable to you immediately upon demand or provide certificates or other evidence of exemption.
o CANCELLATIONS BY GUESTS
If a guest fails to confirm a booking, the transaction will automatically be cancelled within 3 calendar days.
Once a Booking is confirmed by a Host, a Guest may cancel any booking by clicking the Dispute button and the order is cancelled and money returned to the Guest.
The Host must notify SpaceforArts at firstname.lastname@example.org of the cancellation within 3 calendar days to request a refund of the SpaceforArts transaction fee. Once SpaceforArts receives notification of the cancellation by the Guest, SpaceforArts will refund the 10% cancellation fee to the Host.
Once a Booking is confirmed by a Host and the Guest cancels the Booking after three (3) calendar days but before five (5) days in advance of the Booking start time, SpaceforArts will charge the Guest a 10% Cancelation Fee. The Host must notify SpaceforArts at help@SpaceforArts.com of the cancelation within three (3) calendar days to request a refund of the SpaceforArts transaction fee. The Host will refund the Guest the entire Transaction Amount.
CANCELLATION 5 CALENDER DAYS OR FEWER BEFORE BOOKING START TIME. Any Booking cancelled by a Guest five (5) calendar days, or fewer, prior to the start of the booking start time is non-refundable and the Guest will be charged the entire transaction amount. The Host will keep the entire transaction amount less the SpaceforArts 10% transaction fee.
o CANCELLATIONS BY HOSTS
As a Host you may reject a Booking request from a Guest whereby no payment happens. If a Host fails to respond to a Booking request from a Guest within 3 calendar days, the transaction will be cancelled whereby no payment happens.
The cancellation of a confirmed Booking by a Host requires intensive logistical support and can impact the high standard of service by which SpaceforArts’ marketplace operates. As such, in the event of any cancellation of a confirmed Booking by a Host, SpaceforArts reserves the right to impose penalties on the Host’s account including publishing an automated review indicating a cancelled Booking, and suspending or terminating the Host’s account.
A cancellation of a confirmed Booking by a Host must be made with at least 7 calendar days’ notice. Failure to comply with the preceding sentence will result in SpaceforArts charging the Host the 10% applicable Transaction Fee and the Host must refund the Guest the full transaction amount.
o GENERAL: SpaceforArts reserves the right to make adjustments to its cancellation and refund policy from time to time in accordance with the notice provisions for changes set out in this Agreement.
In the event a Guest occupies a Space, or causes a Space to be occupied by anyone or anything, in excess of the time specified in the applicable Booking, the Guest will be subject to additional charges as set out in the relevant Space Details (“Overtime Charges”). If a Guest has stayed beyond the time of his or her or its Booking, the Host must alert the SpaceforArts team via email at email@example.com
within three (3) business days of the end of the Booking and relate the circumstances of the Booking including the name of the Guest, any relevant and then-applicable Space Details, the date and time of the agreed-upon booking as well as the time by which the Guest overstayed the Booking. Failure by a Host to comply with the preceding sentence will result in the claim for Overtime Charges being forfeited. The Guest will be charged in accordance to the overtime charges stated in the Space Details and as documented by the Host, and SpaceforArts will charge the Guest for the overtime charges to be paid to the Host within 7 business days of the end of the Booking time.
All claims for Overtime Charges shall be treated by us as a dispute and we will review each such claim independently before collecting any Overtime Charge from a Guest.
As a Guest, you are solely responsible for
(a) leaving each Space and any property provided in the condition it was provided to you;
(b) your own acts and omissions, and the acts and omissions of your guests and invitees, with respect to each Space you Book;
(c) paying the Host in full to repair or replace any damage that occurred while you were renting a Space.
As a Host, you must contact SpacforArts within 3 business days at firstname.lastname@example.org
in the event of any alleged damages by a Guest and provide evidence (including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence) of such damages and reasonable estimates to repair or replace such damages. SpaceforArts will contact the Guest regarding the claimed damages and, as a Guest, you must respond to any such claim within 3 business days. In the event a claim is made, SpaceforArts will work to resolve the dispute. The Guest will be responsible for reimbursing to the Host payment for any and all damages. SpaceforArts reserves the right, without the obligation, to suspend or terminate any User’s ability to use the Services in the event the User fails to communicate in a timely manner regarding any damage to any Space or provides any false or misleading information with respect to such damage. SpaceforArts has no obligation to any Host to reimburse for any property damage, injury, or other liability resulting from or caused by the Guest or the Guest’s guests or invitees, or for any other reason.
• Inappropriate Conduct
If you, as a Host, permit a Guest to use a Space or, as a Guest, make use of a Host’s Space and thereby become aware that such other User has engaged in inappropriate or illegal behavior (such as committing an act of violence or theft), you must immediately report the User to the appropriate law enforcement authorities. In addition, you must notify SpaceforArts immediately at email@example.com
. Although SpaceforArts reserves the right to terminate the accounts of any such User, your notice will not obligate us to take any action beyond that required by law or otherwise cause us to incur any liability to you, any other User, or any third party.
If a dispute arises between a Host and a Guest following the confirmation of a Space reservation, which dispute the claiming party would like SpaceforArts to investigate, the claiming party must notify SpaceforArts at firstname.lastname@example.org within 3 business days of the alleged disputed incident and detail the circumstances of such disputed incident and provide all available documentation including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence concerning the dispute. Any disputes submitted after the 3-day period will be deemed outside SpaceforArts statute of limitations and no action will be taken. Disputes submitted within 3 business days of incident will be reviewed by SpaceforArts. SpaceforArts will independently contact the Host and Guest to investigate the dispute. If warranted, SpaceforArts will mediate the dispute and make best reasonable efforts to resolve the matter quickly and amicably.
• Disclaimer and Release of Liability
All interactions between you and any other User are at your sole risk. Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. SpaceforArts is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any Host or Guest for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. Because the Services are merely a platform, in the event that you have a dispute with any Users, for which the SpaceforArts Parties are not liable, you release the SpaceforArts Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
USE OF THE SERVICES
You are solely responsible for your conduct in connection with the Services. You will not do, and will not allow or authorize any third party to do, any of the following:
• (a) violate any Applicable Laws, contract, intellectual property, or other third-party right, or commit a tort in connection with the Services;
• (b) collect or store any personally identifiable information about another User except in connection with your use of the Services or as otherwise agreed by the User;
• (c) add a Space that you do not own or have permission to rent both as a workplace and as more particularly set out in the Space Details, including, without limitation, permission from your landlord, any superior landlords and the landowner/freeholder of the Space, where you are not the person solely authorized to grant rights in respect of the Space;
• (d) add a Space for any third party;
• (e) add a Space that is subject to the terms of an agreement with any third party, including but not limited to a lease, sublease, or rental agreement, which contains restrictions on sub-letting and/or the grant of any lease and/or the grant of any license and/or other rights, except where you have obtained all applicable permissions in writing in accordance with sub-clause (c) above;
• (f) add a Space with false or misleading information, including a price that you do not intend to honor;
• (g) contact a User for any purpose other than communicating regarding a Space or the User’s use of the Services;
• (h) recruit or otherwise solicit any User to join third party services, websites, or Applications that compete with the Services of SpaceforArts, without SpaceforArts’s explicit prior written consent;
• (i) impersonate any third party or falsify or misrepresent yourself or your affiliate with any third party;
• (j) use the Applications or the Services to find a Host or Guest, as applicable, and arrange use of the Space independent of the SpaceforArts platform or otherwise circumvent your obligation to pay for our Services;
• (k) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any illegal activity or other activity that violates this Agreement;
• (l) store, transport or otherwise possess any hazardous material in any Space;
• (m) use automated scripts to collect information or otherwise interact with the Applications or Services;
• (n) as a Host, refuse to offer a price equal to or less than that offered outside the Applications for the same Space and/or amenities;
• (o) provide use of a Host’s Space at a negotiated reduced cost or for free in exchange for in-kind value, promotional publicity, trade, or barter offered by a Guest.
Your use of the Services is at your own risk. Except as expressly otherwise set forth in this Agreement, SpaceforArts is not responsible or liable for the conduct of, or your interactions with, any other Users (whether online or offline) or for any associated loss, damage, injury, or harm. USE OF THE APPLICATIONS THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.
Links to third party sites/Third party services
SpaceforArts may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SpaceforArts and SpaceforArts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SpaceforArts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SpaceforArts of the site or any association with its operators.
Certain services made available via SpaceforArts are delivered by third party sites and organizations. By using any product, service or functionality originating from the SpaceforArts domain, you hereby acknowledge and consent that SpaceforArts may share such information and data with any third party with whom SpaceforArts has a contractual relationship to provide the requested product, service or functionality on behalf of SpaceforArts users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SpaceforArts or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SpaceforArts content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SpaceforArts and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SpaceforArts or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
SpaceforArts has no obligation to monitor the Communication Services. However, SpaceforArts reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SpaceforArts reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SpaceforArts reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SpaceforArts's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. SpaceforArts does not control or endorse the content, messages or information found in any Communication Service and, therefore, SpaceforArts specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Hosts and Guests are not authorized SpaceforArts spokespersons, and their views do not necessarily reflect those of SpaceforArts.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to SpaceforArts or posted on any SpaceforArts web page
SpaceforArts does not claim ownership of the materials you provide to SpaceforArts (including feedback and suggestions) or post, upload, input or submit to any SpaceforArts Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SpaceforArts, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SpaceforArts is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SpaceforArts's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your SpaceforArts account to third party accounts. By connecting your SpaceforArts account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by SpaceforArts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SpaceforArts Content accessed through www.spaceforarts.com
in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SpaceforArts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SpaceforArts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SpaceforArts in asserting any available defenses.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND SPACEFORARTS TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. You and SpaceforArts agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor SpaceforArts is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND SPACEFORARTS FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and SpaceforArts agree as follows:
• (a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration;
• (b) any arbitration will occur in NEW YORK, NY, U.S.A.; and
• (c) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER YOU NOR SPACEFORARTS will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
You can choose to reject this agreement to arbitrate (“opt out”) by sending SpaceforArts a written opt-out notice (the “Opt-Out Notice”) to email@example.com
within 30 days after the date you accept this Agreement for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of this Agreement will continue to apply.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPACEFORARTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SPACEFORARTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPACEFORARTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SpaceforArts reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SpaceforArts as a result of this agreement or use of the Site. SpaceforArts's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SpaceforArts's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SpaceforArts with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SpaceforArts with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SpaceforArts with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SpaceforArts reserves the right, in its sole discretion, to change the Terms under which SpaceforArts is offered. The most current version of the Terms will supersede all previous versions. SpaceforArts encourages you to periodically review the Terms to stay informed of our updates.
SpaceforArts welcomes your questions or comments regarding the Terms. Please direct them to firstname.lastname@example.org
Space For Arts is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Space For Arts
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.