PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES
The Site, Application and Service comprise an Online platform through which Space Owners (Defined Below) and Users (Defined Below) may learn about and book spaces. You understand and agree that SharemySpace® is not a party to any agreements entered into between Space Owners and Users, nor is SharemySpace® a Real Estate Broker, Agent, or Insurer. SharemySpace® has no control over the conduct of Space Owners, Users, and other users of the Site, Application and Services, or any spaces, and disclaims all liability in this regard.
“SharemySpace® Content” means all Content that SharemySpace® makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and SharemySpace® Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Renter” means a Member who requests a booking of a Space via the Site, Application or Services, or a Member who stays at a Space and is not the Owner for such Space.
“Space Owner” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Space that is listed by a Owner as available for rental via the Site, Application, and Services.
“Location” means a physical place with an address that has one or more spaces that qualify for a Listing
“Member” means a person who completes SharemySpace®’s account registration process, including, but not limited to Space Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be måade available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE VIA THE APPLICATION OR THROUGH THE SERVICES OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
SharemySpace® reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of commercial, private, public, and other properties (“Spaces”). Such Spaces are included in Listings on the Site, Application and Services by Space Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Space or create a Listing, you must first register to create a SharemySpace® Account (defined below).
As stated above, SharemySpace® makes available a platform or marketplace with related technology for Renters and Space Owners to meet online and arrange for the bookings of Spaces.
SharemySpace® is not an owner or operator of properties, nor is it a provider of properties, and SharemySpace® does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. SharemySpace®’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
PLEASE NOTE THAT AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACES
SharemySpace® CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES.
SharemySpace® IS NOT RESPONSIBLEFOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPACES ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Space or create a Listing, you must register to create an account (“SharemySpace® Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Twitter, LinkedIn); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your SharemySpace® Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to SharemySpace® through the Site, Services or Application; or (ii) allowing SharemySpace® to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SharemySpace® and/or grant SharemySpace® access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating SharemySpace® to pay any fees or making SharemySpace® subject to any usage limitations imposed by such third party service providers. By granting SharemySpace® access to any Third Party Accounts, you understand that SharemySpace® will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your SharemySpace® Account and SharemySpace® Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your SharemySpace® Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or SharemySpace®’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your SharemySpace® Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY YOUR AGREEMENT WITH SUCH THIRD PARTY SERVICE PROVIDERS.
SharemySpace® makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and SharemySpace® is not responsible for any SNS Content.
We will create your SharemySpace® Account and your SharemySpace® Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SharemySpace® reserves the right to suspend or terminate your SharemySpace® Account and your access to the Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SharemySpace® Account, whether or not you have authorized such activities or actions. You will immediately notify SharemySpace® of any unauthorized use of your SharemySpace® Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, space category, space type, uses, metrics relevant to your space, amenities, availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Spaces must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Space via the Site, Application and Services based upon the information provided in your Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Rental at, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of commercial, public, private and other properties and (b) not conflict with the rights of third parties. Please note that SharemySpace® assumes no responsibility for a Space Owner’s compliance with any applicable laws, rules and regulations. SharemySpace® reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SharemySpace®, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that SharemySpace® does not act as an insurer or as a contracting agent for you as a Space Owner. If a Renter requests a booking of your Space and utilizes your Space, any agreement you enter into with such Renter is between you and the Renter and SharemySpace® is not a party thereto. Notwithstanding the foregoing, SharemySpace® serves as the limited authorized agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Space, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Space. Any Member wishing to book Spaces included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Preferences” section of the Site, Application and Services.
If you are a Space Owner, SharemySpace® makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Space. You acknowledge and agree that, as a Space Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable.)
SharemySpace® recommends that Space Owners obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter invites to the Space, if applicable) while at your Space.
SharemySpace® does not endorse any Members or any Spaces. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the SharemySpace® Owner Guarantee Terms and Conditions (“SharemySpace® Listing Agreement”), which is an agreement between SharemySpace® and Space Owners, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see SharemySpace®’s Owner Guarantee Terms and Conditions at http://www.SharemySpace.com/legal/terms for information about the SharemySpace® Listing Agreement.)
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from SharemySpace® with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Owner against SharemySpace® regarding the remittance of payments received from a Renter by SharemySpace® on behalf of a Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms for Space Owners
If you are a Space Owner and a booking is requested for your Space via the Site, Application and Services, SharemySpace® encourages you to respond promptly (48 hours or less) to the request. When a booking is requested via the Site, Application and Services, You will see profile of the prospective Renter’s SharemySpace® Account, so that you can view such information before confirming or rejecting the booking. When you confirm a booking requested by a Renter, SharemySpace® will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services. Upon confirmation of a booking, the Renter shall be prompted to enter payment information for payments stipulated in the Booking Form
The fees displayed in each Listing are comprised of the Space Fees (defined below), Booking Fees, and Processing Fees. Booking Fees and Processing Fees will be deducted from the Space Fee by SharemySpace® and the Payments Provider. The remaining amount will be transferred via Echeck / ACH to the account of the Space Owner within seven (7) business days of payment being collected by SharemySpace®. It is the obligation of the Space Owner to pay any applicable taxes associated with the transaction.
The amounts due and payable by a Renter solely relating to a Space Owner’s Space are the “Space Fees”. Please note that it is the Space Owner and not SharemySpace® which determines the Space Fees.
The Space Fee may include a cleaning fee, at the Owner’s discretion.
SharemySpace® will collect the Space Fees at the time of booking confirmation and will initiate payment of the amount equal to the Space Fees less the Booking Fee and the Processing Fee to the Owner within seven (7) business days of payment being collected by SharemySpace®
Appointment of SharemySpace® as Payment Agent for Owner
Each Owner hereby appoints SharemySpace® as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment made by a Renter to SharemySpace® shall be considered the same as a payment made directly to the Owner and the Owner will make the Space available to Renter in the agreed upon manner as if the Owner has received the Space Fees. Each Owner agrees that, SharemySpace® may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Space Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, SharemySpace® assumes no liability for any acts or omissions of the Owner.
Please note that SharemySpace® does not currently charge fees for the creation of Listings. However, you acknowledge and agree that SharemySpace® reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that SharemySpace® will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Renters
The Space Owners, not SharemySpace®, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with a Owner for the booking of an Space, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Owner. You acknowledge and agree that you, and not SharemySpace®, will be responsible for performing the obligations of any such agreements, that SharemySpace® is not a party to such agreements, and that, with the exception of its payment obligations hereunder, SharemySpace® disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that SharemySpace® is not a party to the agreement between you and the Owner, SharemySpace® acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to SharemySpace® which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and SharemySpace® is responsible for remitting such amounts, less the Booking Fee and the Processing Fee to the Owner. In the event that SharemySpace® does not remit any such amounts to a Owner, such Owner will have recourse only against SharemySpace®.
Listings for Spaces will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by SharemySpace® in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Owner), any amounts collected by SharemySpace® will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s credit card will be released, if applicable.
You agree to pay SharemySpace® for the Total Fees for any booking requested in connection with your SharemySpace® Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that SharemySpace®, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once SharemySpace® receives confirmation of your booking from the applicable Owner, SharemySpace® will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that SharemySpace® cannot control any fees that may be charged to a Renter by his or her bank related to SharemySpace®’s collection of the Space Fees, and SharemySpace® disclaims all liability in this regard.
Space Owners may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Space. If a Security Deposit is included in a Listing for a confirmed booking of Space, SharemySpace® will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Space. SharemySpace® will also use its commercially reasonable efforts to address Space Owners’ requests and claims related to Security Deposits, but SharemySpace® is not responsible for administering or accepting any claims by Space Owners related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, SharemySpace® collects service fees from Space Owners (“Booking Fees”). A Booking Fee is a fee that is charged to the Owner based upon a percentage (Currently 4.5%) of the amount of the Space Fees (“Owner Fees”). Booking Fees are deducted from the Space Fees before remitting the Space Fees to the Owner, within seven (7) business days of payment being collected by SharemySpace®
Balances will be remitted by SharemySpace® to Space Owners via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Owner’s currency of choice, depending upon the selections the Owner makes via the Site, Application and Services. Please note that for any payments by SharemySpace® in currencies other than U.S. dollars, SharemySpace® may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a Owner, SharemySpace® will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Space, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the SpaceFees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Owner cancels a confirmed booking made via the Site, Services, and Application, (i) SharemySpace® will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter will receive an email or other communication from SharemySpace® containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay SharemySpace® the Total Fees relating to the confirmed booking for the Spacein the alternative Listing, in accordance with these Terms. If a Owner cancelled a confirmed booking and you, as a Renter, have not received an email or other communication from SharemySpace®, please contact SharemySpace® athttp://www.SharemySpace®.com/contact.
In some instances, Renters may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Space(collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize SharemySpace®, on behalf of the Owner, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
Some Space Owners may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Owner does in fact make the donation he or she pledged to make.
IRS regulation, regarding federal tax reporting requirements, stipulates that SharemySpace® must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. SharemySpace® cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Owner, SharemySpace® may issue a valid VAT invoice to such Owner.
As part of the Services, SharemySpace® provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Renter) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Owner. The currency in which you will be charged will be determined by SharemySpace® based on the payment method you select and the location of the Spacein the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Owner to receive payment, SharemySpace® will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that SharemySpace® has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although SharemySpace® updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, SharemySpace® will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date SharemySpace® makes payment to a Owner.
Damage to Spaces
As a Renter, you are responsible for leaving the Space in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Space. In the event that a Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your SharemySpace® Account. SharemySpace® also reserves the right to charge the credit card on file in your SharemySpace® Account, or otherwise collect payment from you and pursue any avenues available to SharemySpace® in this regard, including using Security Deposits, in situations in which you have been determined, in SharemySpace®’s sole discretion, to have damaged any Space, including, but not limited to, in relation to any payment requests made by Space Owners under the SharemySpace® Owner Guarantee, and in relation to any payments made by SharemySpace® to Space Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Spaceto the applicable Owner or to SharemySpace® (if applicable).
Both Renters and Space Owners agree to cooperate with and assist SharemySpace® in good faith, and to provide SharemySpace® with such information and take such actions as may be reasonably requested by SharemySpace®, in connection with any complaints or claims made by Members relating to Spaces or any personal or other property located at a Space(including, without limitation, payment requests made under the SharemySpace® Owner Guarantee) or with respect to any investigation undertaken by SharemySpace® or a representative of SharemySpace® regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon SharemySpace®’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Owner, at no cost to you, which process will be conducted by SharemySpace® or a third party selected by SharemySpace®, with respect to losses for which the Owner is requesting payment from SharemySpace® under the SharemySpace® Owner Guarantee.
If you are a Renter, you understand and agree that SharemySpace® reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a Spaceor any personal or other property located at a Space(including amounts paid by SharemySpace® under the SharemySpace® Owner Guarantee.) You agree to cooperate with and assist SharemySpace® in good faith, and to provide SharemySpace® with such information as may be reasonably requested by SharemySpace® in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as SharemySpace® may reasonably request to assist SharemySpace® in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
· violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
· use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
· use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
· copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
· infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
· interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
· use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
· “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an SharemySpace® Renter or Owner;
· offer, as a Owner, any Spaces that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Spaces as a Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
· offer, as a Owner, any Space that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
· register for more than one SharemySpace® Account or register for an SharemySpace® Account on behalf of an individual other than yourself;
· contact a Owner for any purpose other than asking a question related to a booking, such Owner’s Spaces or Listings;
· contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
· when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to SharemySpace®, without SharemySpace®’s prior written approval;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
· use automated scripts to collect information or otherwise interact with the Site, Application or Services;
· use the Site, Application and Services to find a Owner or Renter and then complete a booking of a Space transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to SharemySpace®’s provision of the Services;
· as a Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
· or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
· systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
· use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, SharemySpace®’s name, any SharemySpace® trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SharemySpace®’s express written consent;
· access, tamper with, or use non-public areas of the Site or Application, SharemySpace®’s computer systems, or the technical delivery systems of SharemySpace®’s providers;
· attempt to probe, scan, or test the vulnerability of any SharemySpace® system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SharemySpace® or any of SharemySpace®’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
· forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
· advocate, encourage, or assist any third party in doing any of the foregoing.
SharemySpace® will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SharemySpace® may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that SharemySpace® has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SharemySpace® reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SharemySpace®, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of SharemySpace® and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, SharemySpace® grants you a limited, non-exclusive, non-transferable license, to (i) access and view any SharemySpace® Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SharemySpace® or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to SharemySpace® a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. SharemySpace® does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to SharemySpace® the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SharemySpace®’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SharemySpace® is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SharemySpace® of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of SharemySpace® used herein are trademarks or registered trademarks of SharemySpace®. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback through the “Contact” (http://www.SharemySpace®.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of SharemySpace® and you hereby irrevocably assign to SharemySpace® and agree to irrevocably assign to SharemySpace® all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SharemySpace®’s request and expense, you will execute documents and take such further acts as SharemySpace® may reasonably request to assist SharemySpace® to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
SharemySpace® respects copyright law and expects its users to do the same. It is SharemySpace®’s policy to terminate in appropriate circumstances the SharemySpace® Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SharemySpace®’s Copyright Policy athttp://www.SharemySpace.com/legal/terms for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your SharemySpace® Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event SharemySpace® terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your SharemySpace® Account you will remain liable for all amounts due hereunder. You may cancel your SharemySpace® Account at any time via the “Cancel Account” feature of the Services or by contacting us athttp://www.SharemySpace®.com/contact. Please note that if your SharemySpace® Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SHAREMYSPACE® DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO RENTERS AND SPACES OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHAREMYSPACE® EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUR OF COURSE OF DEALING OR USAGE OF TRADE. SHAREMYSPACE® MAKE NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING BUT NOT LIMITED TO THE LISTINGS OR ANY SPACES, PR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENT OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR FREE BASIS. SHAREMYSPACE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, SERVICES, OR COLLECTIVE CONTENT OR ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SUCH COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHAREMYSPACE® OR THROUGH THE SITE APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSON WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING BUT LIMITED TO ANY SPACE OWNERS OR RENTERS. YOU UNDERSTAND THAT SHAREMYSPACE® DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SPACES. SHAREMYSPACE® MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING BUT NOT LIMITED TO RENTERS AND SPACE OWNERS, PARTICULARLY IF YOU DECIDE TO OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SHAREMYSPACE®. NOTWITHSTANDING SHAREMYSPACE®’S APPOINTMENTS AS THE LIMITED AGENT OF THE SPACE OWNERS, SHAREMYSPACE® EXPLICITLY DISCLAIMS ALL LIABILIT FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLCIATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACES VIA THE SITES, APPLICATION, AND SERVIES, YOUR PARTICPIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SHAREMYSPACE® WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SHAREMYSPACE® NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLINDING LOST RPOFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANYDAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH EHESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSON WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SPACES VIA THE SITE APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAREMYSPACE® HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SPACE OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEEST UNDER THE SHAREMYSPACE® OWENR GUARANTEE, IN NO EVENT WILL SHAREMYSPACE®’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE APPLICATION AND SERVICES INCLUDING BUT NOT LIMITED TO, FROM YOUR LISTINGS OR BOOKING OF ANY SPACES VIA THE SITE, APPLICATION AND SERVIES, OR FROM THE USE OF INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITES, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SPACE OWNER THE AMOUNTS PAID BY SHAREMYSPACES® TO YOU WITHIN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHAREMYSPACE® AND YOU. SOME JURIDICTICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SharemySpace® and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; © your (i) interaction with any Member, (ii) booking of an Space, (iii) creation of a Listing or (iv) the use, condition or rental of a Spaceby you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Spaceand (d) your participation in the Referral Program or your accrual of any SharemySpace® Travel Credits.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Space is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. SharemySpace® does not permit Listings associated with certain countries due to U.S. embargo restrictions.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and SharemySpace® only, and not Apple, and (ii) SharemySpace®, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between SharemySpace® and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SharemySpace®.
You and SharemySpace® acknowledge that, as between SharemySpace® and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and SharemySpace® acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between SharemySpace® and Apple, SharemySpace®, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and SharemySpace® acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
If you rent from a Space Owner anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SharemySpace® by contacting us with your police station and report number at http://www.SharemySpace®.com/contact; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between SharemySpace® and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Spaces made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SharemySpace® and you regarding bookings or listings of Spaces, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without SharemySpace®’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SharemySpace® may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SharemySpace® (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Delaware or a United States District Court located in Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and SharemySpace® agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and SharemySpace® are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SharemySpace® otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for Delaware residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SharemySpace® otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SharemySpace® submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SharemySpace® will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SharemySpace® will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if SharemySpace® changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (at http://www.SharemySpace®.com/contact) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SharemySpace®’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SharemySpace® in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of SharemySpace® to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SharemySpace®. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact SharemySpace® at http://www.SharemySpace.com/about/contact.