These Terms of Service (this “TOS”) govern Your participation in the Space Place program (the “Program”), which includes access and use of the host website and other Internet properties (the “Site”) provided Space Place, Inc. (“SpacePlace,” “we” or “us”) to You. By participating in the Program and using the Site, you (“You”) agree to be bound by this TOS. If You do not agree to this TOS, You will not have the right to participate in the Program or use the Site.
You represent that: (a) if You are entering into this TOS on behalf of another person or entity, You are duly authorized by such person or entity to enter into this TOS which will be binding upon both You individually and such other person (and “You” as used in this TOS shall refer to both), (b) You are of the legal age to form a binding contract with us, and (c) You are not a person barred from participating in the Program or using or accessing the Site under the laws of the United States or other applicable jurisdiction..
1. We reserve the right to revise this TOS at any time. Any changes will be effective immediately upon posting of the revised TOS and updating the “Effective Date” above. Your continued participation in the Program or use of the Site indicates Your consent to this TOS then posted. If the changes are material, we may provide You additional notice to Your email address. You are responsible for ensuring we have an up-to-date active and deliverable email address for You, and for periodically visiting the Site and this TOS to check for any changes.
4. You hereby grant us an irrevocable, worldwide, royalty-free, sublicenseable, assignable right and license, during the term of this TOS, to use, reproduce, display, perform, distribute and create derivative works based on any images, content and photos that You upload or otherwise provide to us (“Content”) in connection with the Program. You hereby represent and warrant that You are the sole owner of, or otherwise have all requisite rights and licenses to use and grant the foregoing license to SpacePlace to use any and all Content provided by You to SpacePlace. You represent and warrant that the Content, including SpacePlace’s use thereof, does not infringe or violate any rights of a third party, including any intellectual property rights, data privacy rights, rights of publicity and privacy rights of a third party.
5. In order to register for the Program, You will be required to register an account with us. You agree that: (a) in registering Your account, You will provide true, accurate and complete information (and will update such information so that it will continue to remain true, accurate and complete); (b) You will maintain the confidentiality and security of the login credentials used to access Your account (“Login Credentials”); (c) You will not transfer, share, disclose or resell such Login Credentials or otherwise share or transfer access to Your account to any third party; and (d) You will promptly notify us of any unauthorized use of such Login Credentials or unauthorized access to Your account. You will be solely responsible for maintaining the confidentiality of Your Login Credentials and agree not to transfer, share, disclose or resell Your access to the Program or Site to any third party. SpacePlace is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations. You are entirely responsible for all activities taking place through Your account, whether or not You are the individual who undertakes such activities.
6. This TOS will continue in effect until terminated by either You or SpacePlace as set out below. You may terminate Your participation in the Program at any time convenience by notifying us, provided that You will continue to participate in the Program solely for the Rental Units which display Promotional Items that have a remaining Display Period. We reserve the right to terminate Your participation in the Program and this TOS at any time for convenience, with or without advance notice to You, provided if we terminate for convenience, Your obligation to display Promotional Items with a remaining Display Period will also terminate. You or SpacePlace may terminate Your participation in the Program and this TOS in the event that the other party breaches this TOS and does not cure such breach within seven (7) days after receipt of notice of such breach. Neither party shall be liable to the other party due to termination of this TOS in accordance with Section 6 , whether for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of either party. Upon any termination of this TOS, Sections 4 , 6 , 8 , 9 , 10 , 11 and 12 of this TOS will survive.
8. If You believe in good faith that materials transmitted to the Site infringe Your copyright, You (or Your agent) may send SpacePlace a notice requesting that we remove the material or block access to it. Please provide the following information: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that You claim has been infringed upon and sufficient information for us to locate such copyrighted work; (iii) information reasonably sufficient to permit us to locate the copyrighted work; (iv) Your address, telephone number, and e-mail address; (v) 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; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, You may send SpacePlace a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act. Notices and counter-notices should be sent to us at: firstname.lastname@example.org.
SpacePlace has the right to suspend or terminate the use of the Site by anyone engaged in suspected repeated copyright infringement.
9. You agree to indemnify and hold SpacePlace and its officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from Your breach of this TOS, Your use of the Site, and any claim by any third party that the Content infringes any intellectual property or other right of any third party.
10. You represent and warrant to SpacePlace that: (a) You have all rights and permits to make the Rental Unit available for rent on a short-term or long-term basis, and (b) any and all forms, documents, and information provided to us is, and will continue during the term of this TOS to be, true, accurate and complete.
11. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS TOS, SPACESPLACE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. SPACEPLACE DOES NOT WARRANT THAT THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
13. If You have any questions regarding the Program or this TOS, please contact us at email@example.com