Last Updated: January 2023
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We provide Visitors and Registered Users with access to the Site as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) access all publicly-available features and functionality on the Site; (ii) subscribe to Spaceit communications, alerts, and other notifications; and (iii) contact us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) access non-public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post listings, comments, reviews, and other content on the Site and/or interact with other Registered Users of the Site (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”); and (iv) provide or book spaces through Spaceit (“Spaces”). Spaceit is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Spaceit may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated this Agreement.
By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:
If you wish to become a Registered User, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Spaceit will not be liable for any loss or damage caused by any unauthorized use of your account.
You acknowledge and agree that the Site and Spaceit’s Services are designed to facilitate booking transactions. Notwithstanding anything in this Agreement to the contrary, in no event shall any Registered User, circumvent Spaceit in order to transact with another Registered User it has met via Spaceit to book a Space that is listed on the Site. Although Event Organizers and Space Providers may communicate off-Site about an Event booking, including, without limitation, for purposes of offering a physical tour of the Space, once the parties decide to transact (i.e., once Registered User decides to book the Space in question), the parties must bring the transaction back to Spaceit and follow the prescribed steps to consummating the transaction, including payment of all fees hereunder.
Spaceit reserves the right to monitor all Registered Users’ activity on the Site or using the Services, including, without limitation, communications by and between Event Organizers and Space Providers, in order to monitor compliance with the foregoing non-circumvention requirements. If Spaceit determines that any Registered User is in violation of this Section 4, it reserves the right to immediately close your account with the Site, deny you future access to the Site, and remove any Space listings you may have on the Site.
Some of our Services may be free of charge. However, charges do apply if you sign up for any of our various subscription plans (“Subscriptions”) or membership packages (“Memberships”) described on the Site. In such a case, you hereby agree that our third-party payment processors may immediately authorize your credit card (or other approved facility) for payment for any Subscriptions or Memberships ordered under your Password on or through Spaceit.
As set forth more fully in Section 3 above, you must keep your password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a Subscription or Membership on your credit card statement, please use the “Contact Us” section of the Site to contact customer service. In connection with any Subscription or Membership, all sales are final, and we do not accept returns or exchanges, unless otherwise provided in the applicable agreement between you and Spaceit in connection with such Subscription or Membership. Subject to Section 14, all payments made to us are non-refundable.
IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION (MONTHLY, QUARTERLY, ANNUALLY, OR OTHERWISE), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON THE SITE, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.
We may modify the fees at any time by posting such modification on the Site, and any such modification shall go into effect thirty (30) days after it is so posted.
The Services may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for the device through which you access the Services may charge you data access and other fees in connection with your use of the Site and Services, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable. You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will Spaceit be responsible for any such data access fees or charges in connection with your use of the Site or Services.
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Spaceit (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under international laws. Unauthorized use of the Content may violate copyright, trademark, a nd other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Spaceit (the “Spaceit Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Spaceit. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Spaceit Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Spaceit Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
As noted above, the Site provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. It is also understood and agreed by you that you shall have no expectation of privacy with respect to information that you exchange with other Registered Users via the Site’s messaging functions. For the avoidance of doubt, the content of such messages between you and other Registered Users may be monitored by Spaceit for compliance purposes as set forth in Section 4 above, but will not be disclosed to other Registered Users or made publicly available.
YOU, AND NOT SPACEIT, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Site, Spaceit, the Services, and our other products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Spaceit that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Spaceit the license to the Registered User Content as set forth above, and that it and its use by Spaceit and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.
In addition, if you are a Space Provider and you submit Registered User Content in the form of a Space listing, your submission constitutes a representation and warranty to Spaceit that you have the full right, power, and authority to offer the Space for rent through Spaceit and to collect money in connection with the rental of the Space through Spaceit.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
All Spaces are provided by the third party Space Providers, and not by Spaceit; therefore, Spaceit has no control over, and hereby disclaims any and all liability arising out of or associated with, the condition, quality, safety, legality or suitability of any Space.
SPACE PROVIDERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE ASSIGNS, SUBROGEES, REPRESENTATIVES AND ALL OTHER PERSONS OR ENTITIES ACTING FOR, BY OR THROUGH IT, HEREBY RELEASE AND FOREVER DISCHARGE SPACEIT, ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND INSURERS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OF WHATEVER NATURE, CHARACTER OR DESCRIPTION, FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH THAT ARISE FROM, ARE RELATED TO OR ARE IN ANY WAY CONNECTED WITH ANY EVENT OR THE RENTING OR USE OF ANY SPACE. IN THE EVENT EITHER SPACE PROVIDER OR EVENT ORGANIZER SUFFERS ANY LOSS TO PERSON OR PROPERTY, SUCH SPACE PROVIDER OR EVENT ORGANIZER SHALL LOOK SOLELY TO ITS OWN INSURANCE COVERAGE, AND HEREBY WAIVES ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER THAT SPACE PROVIDER, OR ITS SUCCESSORS OR ASSIGNS, MAY HAVE AGAINST SPACEIT.
YOU ACKNOWLEDGE THAT THE SITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. THE SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM.
The Site may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users or the websites of third-party vendors that may provide services complimentary to our Services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites. The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites or the third-party vendors highlighted on such External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Site, or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your rental, booking, or use of a Space. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Space Providers must maintain adequate general liability insurance against any claim or claims that might arise out of such Space Provider’s rental, booking, or use of a Space. Upon request by Spaceit, such Space Provider shall furnish an insurance certificate signed by an authorized agent evidencing such insurance coverage.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. If we terminate the Agreement or discontinue the Services without cause, we shall provide you a pro-rata refund of any pre-paid, but unused, fees you have paid us in connection with any Subscription.
Spaceit respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Agreement and any action related thereto will be governed by the laws of the Croatia without regard to its conflict of laws provisions.
If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of Sections 5 through 15, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2023 Spaceit. All rights reserved.