Space For Arts Terms and Conditions of Use
Effective as of 20 August, 2019
Agreement between User and SpaceforArts
Welcome to SpaceforArts. These Applications Terms and Conditions of Use (these “Terms”) apply between you and Space for Arts, Inc. (“SpaceforArts”) in connection with your access to and use of our web-based and/or mobile applications (the “Applications”). If you are using the Applications on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be liable to SpaceforArts if you or they violate these Terms.
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. Please read these terms carefully, and keep a copy of them for your reference. BY ACCESSING OR USING OUR SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS.
We reserve the right to change these Terms at any time at our discretion. If we make changes to these Terms, we will use reasonable efforts to 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. You are responsible for regularly checking our website for changes in these Terms that apply to your use of the Applications. 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 similarly processed. 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. If you do not agree to the changed Terms, you must stop using the Applications.
Questions or comments about these Terms may be directed to SpaceforArts at email@example.com.
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 at least 18 years of age.
Description of the Services
The Applications and other services on the Site (the “Services”) are provided on a platform whereby i) a Studio may post details of a space (the “Space”) that may be available for use by a Booking Creative, ii) Studios and Booking Creatives (together called the “Users”) may communicate with each other regarding the Space, and iii) a Booking Creative 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:-
- own, operate, provide, license, lease, rent, sell, resell, manage, or otherwise control any Space outside of its private offices located in the United States;
- perform background checks of any Users; or
- conduct any inspections of Spaces.
SpaceforArts does not endorse any Users or any Space. Rather, SpaceforArts’ sole responsibility is to make available a neutral communication platform, subject to these Terms, through which Studios can notify details of Spaces and Booking Creatives can book and rent Spaces from Studios.
Adding and Managing Spaces
As a Studio, you may add Spaces through the Services and describe Spaces you would like to make available for Booking Creatives 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 under applicable Laws, including but not limited to planning/zoning laws or restrictions and covenants, conditions and restrictions, that are applicable to any Space; rules concerning utility use; limitations on personal property allowed in a Space by a Booking Creative; requirements by a Booking Creative 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 Booking Creative; and any additional special rules, terms or conditions with which a Booking Creative must comply. You may not use the Services to make any Space available for sale, residential use or lodging purposes, or criminal or otherwise illegal activities.
By adding a Space, you represent, warrant and agree as follows:
- all information provided in connection with the Space Details is accurate, truthful, current, and complete;
- 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;
- 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;
- 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 and land use laws); and
- you have the full right to list the Space for use by a Booking Creative for the purposes described in the Space Details, including (if you are not the landowner/feeholder), having obtained permission in writing from your landlord, any superior landlords and the feeholder of the relevant Space and/or such permission as may otherwise be required by the terms of your occupation/use of the Space. Studios may edit the details of or remove their Space(s) in the Applications at any time prior to a Studio confirming the Booking of a 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.
Studios must list a day rate for Spaces (defined as 10 hours).
Booking and Confirming Spaces
As a Booking Creative, 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 Stripe account to your SpaceforArts account. By booking a Space using the Service, you represent, warrant and agree as follows:
- any payment information you supply is true and complete;
- charges incurred by you will be honored by payment through your Stripe account, and there are sufficient funds to honor the total transaction amount;
- that you will pay the stated price due for the Space (“Transaction Amount”) and any applicable taxes, even if you are unable to use the Space during the time reserved;
- that you will not make any alteration in, or permit any alteration to be made to, any Space; and
- that subject to your having been notified by the Studio 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 and the Space to be, compliant with all applicable Laws, tax requirements, any other rules, regulations, and agreements that may apply to the Space included in the Space Details (including applicable insurance policies) and any house rules published by the Studio, and that you agree to any terms and conditions set out in the Space Details.
As a Studio, you will confirm any reserved Spaces within three calendar days of the Booking Request, or the Booking will be automatically declined. The Studio may not change any terms set forth in the Space Details after confirming a Booking Request from the Booking Creative who has reserved a Space on the basis of the previously published Space Details, including any prices or payment terms. After the Studio has confirmed a Booking, then the Booking Creative will be charged the full Transaction Amount through Stripe, plus the “Transaction Fee” defined below. SpaceforArts charges a 10% fee (the “SFA Fee”) on the full Transaction Amount. Stripe charges a 3% fee on the Transaction Amount (the “Transaction Fee”) on all transactions.
SpaceforArts reserves the right to terminate a Studio for any two or more failures to timely confirm a reservation. SpaceforArts reserves the right to terminate a Booking Creative 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.
As a Booking Creative, 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 Studio, you are required to have adequate insurance in place to cover any people or property associated with the use of the Space by the Booking Creative.
- Does not undertake to audit, verify or otherwise monitor the existence or quality of any User’s required insurance.
- Makes no representation that the coverage and amounts of such insurance will be adequate to protect any User.
- Shall not be deemed to have agreed that such insurance shall constitute a limitation of the User’s liability to any person.
Each Studio, Booking Creative and any other user of the Services is solely responsible for selecting, obtaining and understanding its required insurance and assuring that such insurance is adequate to protect the User and any other person who uses the Services.
Payment processing services for Users are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate a SpaceforArts account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SpaceforArts enabling payment processing services through Stripe, you agree to provide SpaceforArts accurate and complete information about you and your business, and you authorize SpaceforArts to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Once you review the details of the Space and agree to proceed with payment, you will be asked to process your payment with Stripe. 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 Studio accepts the transaction.
- The Studio 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 Booking Creative to the Studio.
- If the transaction is accepted, the payment is transferred to the Studio’s Stripe account and the Booking Creative will be charged the Transaction Fee. Both the Booking Creative and the Studio will receive a receipt of the transaction by email.
- SpaceforArts charges an SFA Fee equal to 10% of the Transaction Amount on all transactions between Booking Creative and a Studio. A transaction is complete when a Studio has accepted or confirmed a Booking requested by a Booking Creative. Once the transaction is complete between the Booking Creative and the Studio, the SFA Fee will be moved from the Studio’s Stripe account to SpaceforArts’ Stripe account.
- Users can begin to discuss freely and agree on the details of the Space rental. Once the Space rental is complete, the Booking Creative and Studio can mark the transaction as Complete inside your SpaceforArts Account.
- Upon marking the transaction as Complete, Users can review each other on the SpaceforArts website.
Taxes on Transactions Concerning Studios and Booking Creatives
As a User, you are solely responsible for all taxes under applicable Law with respect to your transactions hereunder including, without limitation, any value added taxes, and sales and use taxes imposed with respect to any transactions, as well as income and/or corporation and/or local taxes and/or other taxes payable in relation to such transactions. SpaceforArts may not, and does not, offer any Tax-related guidance to Users of the Services. The Studio shall be responsible for ensuring that the Transaction Amount 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 Studio in relation to or arising out of the transaction payment.
Taxes on Transactions with SpaceforArts
Unless otherwise specified, the SFA Fee due SpaceforArts 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.
CANCELLATIONS BY BOOKING CREATIVES
After a Booking is confirmed by a Studio, if the Booking Creative cancels the Booking earlier than five (5) days in advance of the Booking start time, the Booking Creative will be liable for a Cancellation Fee equal to 10% of the Transaction Amount plus the SFA Fee and the Transaction Fee. The Booking Creative must notify SpaceforArts at firstname.lastname@example.org of such cancellation within three (3) calendar days after such cancellation to request a refund of the balance of any Transaction Amount paid by the Booking Creative for the cancelled booking, less the amounts for which the Booking Creative is liable. In such case, the Studio will promptly refund the Booking Creative the Transaction Amount received from the Booking Creative for the cancelled Booking, less the Cancellation Fee and SFA Fee.
CANCELLATION FIVE CALENDAR DAYS OR FEWER BEFORE BOOKING START TIME. Any Booking cancelled by a Booking Creative later than five (5) calendar days prior to the start of the Booking start time is non-refundable and the Booking Creative will be charged the entire Transaction Amount and the Transaction Fee. In such case, the Studio will keep the entire Transaction Amount less the SFA Fee, and SpaceforArts will retain its SFA Fee.
CANCELLATIONS BY STUDIOS
As a Studio, you may reject a Booking request from a Booking Creative, in which case the Booking Creative will not be liable for payment for such Booking. If a Studio fails to confirm a Booking request from a Booking Creative within 3 calendar days, the transaction will be cancelled, in which case the Booking Creative will not be liable for payment for such Booking.
The cancellation of a confirmed Booking by a Studio 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 Studio, SpaceforArts reserves the right to impose penalties on the Studio’s account, including publishing an automated review indicating a cancelled Booking, and suspending or terminating the Studio’s account.
A cancellation of a confirmed Booking by a Studio must be made with at least seven calendar days’ notice to the Booking Creative and SpaceforArts. If such notice is given by the Studio, the Studio shall refund to the Booking Creative all amounts paid by the Booking Creative for the Booking, including the Transaction Fee and SpaceforArts will return any SFA Fee paid on such transaction.
If a Studio cancels a confirmed Booking and gives notice of cancellation later than seven days prior to the Booking start time, then the Studio shall refund to the Booking Creative all amounts paid for the Booking, including the Transaction Fee, and shall also be liable for the SFA Fee.
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 Booking Creative 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 Booking Creative will be subject to additional charges as set out in the relevant Space Details (“Overtime Charges”). If a Booking Creative has stayed beyond the time of his or her or its Booking, the Studio must notify the SpaceforArts team via email at email@example.com within three (3) business days after the Booking Creative has discontinued use of the Space and relate the circumstances of the Booking Creative’s use of the space under the Booking, including the name of the Booking Creative, any relevant and then-applicable Space Details, the date and time of the agreed-upon Booking as well as the time by which the Booking Creative overstayed the Booking. Failure by a Studio to comply with the preceding sentence will result in the claim for Overtime Charges being forfeited. If the Studio provides timely notice hereunder, the Booking Creative will be liable for Overtime Charges stated in the Space Details, which shall be payable by the Booking Creative to the Studio, and may be charged to the Booking Creative’s Stripe account, within seven business days after the Studio’s notice to SpaceforArts.
As a Booking Creative, you are solely responsible for
- leaving each Space and any property provided in the condition it was provided to you;
- your own acts and omissions, and the acts and omissions of your guests and invitees, with respect to each Space you Book;
- paying the Studio in full to repair or replace any damage that occurred while you or your guests or invitees were using a Space.
As a Studio, you must contact SpaceforArts within three business days at firstname.lastname@example.org in the event of any alleged damage by a Booking Creative and provide evidence (including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence) of such damage and reasonable estimates to repair such damage or replace damaged property. SpaceforArts will contact the Booking Creative regarding the claimed damage and, as a Booking Creative, you must respond to any such claim within three business days. In the event a timely claim is made, SpaceforArts will work to resolve the dispute. The Booking Creative will be responsible for payment to the Studio for any and all damage. SpaceforArts reserves the right, without the obligation, to suspend or terminate any Studio’s right to use the Services in the event the Studio 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, or to suspend or terminate any Booking Creative’s right to use the Services in the event the Booking Creative fails to reimburse the Studio for any damage caused by the Booking Creative. SpaceforArts has no obligation to any Studio to reimburse for any property damage, injury, or other liability resulting from or caused by the Booking Creative or the Booking Creative’s guests or invitees, or for any other reason.
If you, as a Studio, permit a Booking Creative to use a Space or, as a Booking Creative, make use of a Studio’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 Studio and a Booking Creative 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 three 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. SpaceforArts shall have no obligation to take any action on any disputes submitted after such three-day period. If SpaceforArts receives timely notification of a dispute, SpaceforArts will make commercially reasonable efforts to review the dispute, independently contact the Studio and Booking Creative to investigate the dispute, and if warranted, mediate the dispute and try 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 and its directors, officers and shareholders (altogether the “SpaceforArts Parties”) are not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any User, including, without limitation, for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. To the maximum extent permitted by law, 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 your use of the Services or any dispute with any other User of the Services.
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:
- violate any Applicable Laws, contract, intellectual property, or other third-party right, or commit a tort in connection with the Services;
- 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;
- add a Space that you do not own or have permission to make available for use by a Booking Creative, 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/feeholder of the Space, where you are not the person solely authorized to grant rights in respect of the Space;
- add a Space for any third party;
- 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 your right to make a space available to a third party, except where you have obtained all applicable permission in writing in accordance with sub-clause c above;
- add a Space with false or misleading information, including a price that you do not intend to honor;
- contact a User for any purpose other than communicating regarding a Space or the User’s use of the Services;
- use any proprietary information of SpaceforArts in connection with your use of the Services to recruit or otherwise solicit any User to join third party services, websites, or applications that compete with the Services of SpaceforArts, without SpaceforArts’ explicit prior written consent;
- impersonate any third party or falsify or misrepresent yourself or your affiliate with any third party;
- use the Applications or the Services to find a Studio or Booking Creative, as applicable, and arrange use of the Space independent of the SpaceforArts platform or otherwise circumvent your obligation to pay for our Services;
- 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;
- store, transport or otherwise possess any hazardous material in any Space;
- use automated scripts to collect information or otherwise interact with the Applications or Services;
- as a Studio, refuse to offer a price equal to or less than that offered outside the Applications for the same Space and/or amenities;
- provide use of a Studio’s Space at a negotiated reduced cost or for free in exchange for in-kind value, promotional publicity, trade, or barter offered by a Booking Creative.
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 Services, such as text, graphics, logos, images, as well as the compilation thereof, any software used on the Site, is the property of SpaceforArts or its suppliers or licensors, 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. Any information regarding business opportunities represented by the information posted by Users using the Applications is proprietary to SpaceforArts, is confidential and may be utilized by you only in connection with your use of the Services.
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 of the Applications, and will make no other use of the content without the express written permission of SpaceforArts and the copyright owner. You will not use or disclose any proprietary or confidential information other than in connection with your use of the Services. 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; or 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’ 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. Users 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.
Except as otherwise set forth in these terms and conditions, 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 and a royalty-free, perpetual, transferable, irrevocable, worldwide and fully sublicensable right, to use your Submission in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, modify 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’ 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, shareholders, employees, agents and contractors, 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, 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 THEY REQUIRE YOU AND SPACEFORARTS TO ARBITRATE DISPUTES AND LIMIT 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:
- 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;
- any arbitration will occur BOSTON, MA, U.S.A.; and
- arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor or a similar organization if JAMS is not available). 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 fees and expenses of the arbitrator 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 SpaceforArts 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 THIS 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 Commonwealth of Massachusetts and you hereby consent to the jurisdiction and venue of courts in Massachusetts 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’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SpaceforArts’ 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 Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and SpaceforArts with respect to the Site and Services. 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. Your continued use of the Services after you have received notice of the changes will confirm that you have accepted and agree to the changes.
SpaceforArts welcomes your questions or comments regarding the Terms. Please direct them to firstname.lastname@example.org.