TERMS OF SERVICE
THE FOLLOWING DESCRIBES THE TERMS ON WHICH HOURSPACES, LLC OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
1. USER RESPONSIBILITIES
1.1 Neutral Venue. Our Site is an online venue through which users find and learn about each other. Our Site is merely a venue for users to learn about one another and, if they wish, arrange to rent rooms or spaces to or from one another for brief – typically, but not necessarily, hourly – periods of time. We are not involved in the actual face-to-face contact between users, if any, and all payment arrangements and fees for the rent or lease of a room or space are the sole responsibility of users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
1.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as guests or hosts. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Hourspaces. You release Hourspaces from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a guest or host in connection with the Site. Further, you waive California Civil Code section 1542, as well as equivalents thereto arising under the laws of the State of New York or any other state, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of New York and the United States of America.
2. USER CONDUCT
2.1 Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
(c) interfere with or damage our 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;
(d) use our 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;
(e) use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(f) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an Hourspaces guest and host with one another;
(g) offer, as a host, any accommodations that you do not yourself own or rent in as living space (without limiting the foregoing, you will not list accommodations as a host if you are serving in the capacity of a rental agent or listing agent for a third party property owner);
(h) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(j) use automated scripts to collect information or otherwise interact with the Service or the Site;
(k) use the site to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(l) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
(m) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Hourspaces reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.2 Disputes with Other Users. You are solely responsible for your interactions with other Hourspaces users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
2.3 Listing Prices. If you post a listing offering accommodation through the Site which is accepted by you and a guest, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the guest. You further agree not to alter the price once accepted.
3. MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
5. YOUR CONTENT
5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images;
(h) characterizes violence as acceptable, glamorous or desirable; or
(i) provides a link to any other websites.
5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
6. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
7.1 Fee Structure. In exchange for providing the Service, and beginning on December 1st, 2010, Hourspaces will charge property owners, lease holders, and agencies a monthly fee for use of the HourSpaces Calendar. As a guest, you agree to pay the amount posted by the host from whom you have chosen to rent a space or room.
7.2 Booking and Payment Logistics for Guests.
7.2.1 Booking Process. If you find a listing that you are interested in booking as Guest, you will be provided the opportunity to request a reservation for that listing on the available dates and times via the calendar provided for that listing. In order to complete this reservation request, you may be required to first agree to the Host’s individual terms and conditions, which are separate from and in addition to Hourspaces’ terms and conditions. Hourspaces exercises no control over individual Hosts’ terms and conditions other than to provide the Host with the ability to obtain your agreement to those terms and conditions as a prerequisite to reserving a room or space, and it is your sole responsibility to review the Host’s terms and conditions and comply therewith.
7.2.2 Payment Process. Hourspaces does not collect or process payments from Guests on behalf of Hosts. Instead, Guests will be required to remit payment to Hosts through the individual Host’s Paypal account, the details of which you will be provided upon submitting your reservation request. Your reservation is not complete until and unless you remit the payment required by the Host to the Host in accordance with those instructions.
7.2.3 Security Deposits. In accordance with their individual terms and conditions, which again are separate from and in addition to Hourspace’s terms and conditions, individual Hosts may require Guests to provide a refundable security deposit for any damages you may cause during your use of the room or space. Such refundable security deposits may not be included in the rental rate listed by Hourspaces.
7.2.4. Cancellation and Refunds. If you cancel your reservation request, it is your responsibility to notify Hourspaces and the Host. Refunds for cancellations by a Guest remain in the sole discretion and responsibility of the Host.
7.3 Payments from Hosts to Hourspaces.
7.3.1 Monthly listing fee. As compensation for the services provided by Hourspaces, Hosts will be required to pay a monthly fee to Hourspaces for use of the HourSpaces Calendar at a base rate of $__19.99__, although Hourspaces reserves the right to negotiate with individual Hosts for greater or lesser fees in exceptional circumstances.
7.3.2 Payment Logistics from Hosts to Hourspaces. Hosts may remit payment of monthly listing fees to Hourspaces either through Paypal or by credit cards accepted by Hourspaces or by other method as deemed acceptable to Hourspaces. Upon registering to use the Hourspaces Calendar, Hourspaces will contact you to make payment arrangements. In no event will Hourspaces maintain or store credit card information on its servers and all payments to or, if necessary, from Hourspaces will be conducted either offline or via Paypal.
7.4 Donations. Some hosts may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the host does in fact make the donation they pledged to make.
7.6 Taxes. Hourspaces does not do business as an owner or operator of hotel or motel rooms, nor is it a provider of rooms, lodging or accommodations. Neither does Hourspaces own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. Hourspaces does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. Hourspaces merely creates a forum for Hosts who provide hourly or short-term room or space rentals to connect with Guests interested in the rental of rooms or spaces for brief intervals. Hourspaces is not a contracting agent or representative of the Host or Guest. Instead, Hourspaces’s role is solely to facilitate the availability of this forum and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Host and Guest, and not Hourspaces. You understand that we are acting solely as an intermediary to enable you and any hosts or guests with whom you choose to come into contact with each other and to enter into a transaction. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either Hosts or Guests.
7.7 Damages. Hourspaces retains no responsibility for any damages caused by Guests to Hosts or to Guests in the course of their use of the room or space rented. It is the sole responsibility of Guests and Hosts to agree with each other on any and all terms regarding such potential damages prior to a Guest’s use of the space or room rented, whether via a Host’s individual terms and conditions the Host requires the Guest to agree to prior to completing reservation on Hourspaces or otherwise, including in communications conducted completely independent of Hourspaces.
8. PROPRIETARY RIGHTS
8.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Hourspaces", www.Hourspaces.com, “www.Hourspaces.net”, www.Hourspaces.org”, and “www.Hourspaces.info” are trademarks of Hourspaces protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
8.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site 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. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
9. USERNAME AND PASSWORD. You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. As such, it is your sole responsibility to: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
10. TERMINATION. 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 your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
11. MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
13. DISCLAIMER OF WARRANTIES
13.1 IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOURSPACES DOES NOT CHECK ANY GUEST, HOST, OR OTHER USER’S BACKGROUND OR RECORD. HOURSPACES PROVIDES TOOLS FOR USERS TO ESTABLISH AND MAINTAIN AN ON-SITE REPUTATION FOR SAFE, COURTEOUS, AND HONEST BEHAVIOR, BUT YOU ARE SOLELY RESPONSIBLE FOR RESEARCHING THE OVERALL REPUTATION, BACKGROUND, AND HISTORY OF ANY USER WITH WHOM YOU ENTER INTO AN AGREEMENT OR OTHERWISE INTERACT. YOUR SAFETY, THE SECURITY AND CONDITION OF ANY ROOM OR SPACE YOU CHOOSE TO PROVIDE, AND THE SECURITY OF YOUR PERSONAL FINANCES ARE SOLELY YOUR RESPONSIBILITY AND THE RESPONSIBILITY OF ANY USERS WITH WHOM YOU AGREE TO TRANSACT BUSINESS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
14.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
14.3 EXCEPT AS SET FORTH IN SECTION 18, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
15. INDEMNITY. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party (including any other User(s)), claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
16. REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at email@example.com provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in New York City, New York, or the United States District Court for the Eastern District of New York, or the United States District Court for the Southern District of New York. Any action brought against Hourspaces shall be venued in the New York City Supreme Court, Civil Court of the City of New York, the United States District Court for the Eastern District of New York, or the New York City Court for the Southern District of New York.
18. ATTORNEY’S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.
19. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.4 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Payment), 8 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Jurisdiction and Venue), 18 (Attorney’s Fees), and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.