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The following terms and conditions (“Terms of Use”) govern the use of the website (the “Site”) and related services madeavailable by Play Courtside, Inc. (“us, “we,” or “Courtside”). By accessing,using or participating in the Service, you (“you” or the “User”) agree to bebound by these Terms of Use. We may modify, add, or delete portions of theseTerms of Use, including the pricing terms, at any time. Any revisions to thisTerms of Use will become effective the first time you access or use the Serviceafter such changes. If you do not agree to abide by these Terms of Use, you arenot authorized to use, access or participate in (or continue to use, access orparticipate in) the Service.
In order to rent or otherwise schedule time ina “Facility” from another User through the Service, you must register for a“Member” account. In order to rent or otherwise make available your Facility toanother User through the Service, you must register for a “Facility Owner” account.In these Terms of Use, Users with Member accounts will be referred to as“Members” and Users with Facility Owner accounts will be referred to as“Facility Owners.”
In connection with registering for, using orparticipating in the Service (whether as a Member or a Facility Owner), youagree (i) to provide accurate, current and complete information about you andyour organization as requested by Courtside (“Registration Data”); (ii) tomaintain the confidentiality of your password and other information related tothe security of your account; (iii) to maintain and promptly update theRegistration Data and any other information you provide to Courtside, to keepsuch information accurate, current and complete; and (iv) to be fullyresponsible for all use of your account and for any actions that take placethrough your account.
As a Member, you agree to abide by thefollowing Member policies:
You agree to be bound by and comply with anyadditional terms, conditions and policies provided by the Facility Ownerrelating to the use of a specific Facility, including compliance with buildingsecurity procedures, IT access and use procedures, maximum occupancylimitations, legal terms, and other terms or procedures provided by theFacility Owner (“Facility Policies”). The Facility Policies may be provided inelectronic format through the Service or in hardcopy format. You may not usethe Facility to carry out any illegal activities or use the Facility in violationof law.
You are responsible for leaving the Facility inthe condition that it was given to you. You may be held liable for the repaircost for all damage to the Facility and items therein during your use thereof.
You acknowledge that the Service is a forum toallow anyone to find, schedule time in, rent, offer to rent, and make availableworkspace. Your transactions, communications and interactions with any otherUsers, including transactions, communications and interactions initiatedthrough the Service, are solely between you and such Users, and you are solelyresponsible for such transactions, communications and interactions. Youacknowledge that Courtside does not offer workspace rentals and Courtside doesnot act as an agent for any Facility Owner or any Member. Instead, Courtsideprovides the Service to allow Members and Facility Owners to transact andcommunicate directly with one another. Courtside may, but has no obligation, tomonitor disputes between you and any other Users relating to the Service. Tothe maximum extent permitted by applicable law, Courtside is not responsible orliable in any manner for any loss or damage arising out of your transactions,communications and interactions with any other Users and you hereby release Courtsidefrom any and all claims, causes of actions, obligations or liabilities arisingfrom or relating to such transactions, communications and interactions.
You agree to the fees, charges and otherpricing terms applicable to your use of the Service as specified in these Termsof Use and as otherwise communicated to you through the Service. All fees andcharges paid by Users in connection with the Service are non-refundable, exceptas expressly stated in these Terms of Use. Courtside may change the fees andcharges for the Service at any time in its sole discretion.
If you are a Member, when you find a Facilitythat you wish to rent on the Service and you have been duly authorized(approved) to rent the Facility by the Facility Owner, then Courtside will askfor your payment information and billing address, and will process your rentalfee payment on behalf of the Facility Owner. Any approved reservation issubject to the minimum deposit in the amount of 10% of the total rentaltransaction to be paid within 7 days upon such approval. The full (100%) of thetransaction amount must be paid at least 30 days prior to the event. Anyreservations that are cancelled by the Member or by the Facility at theMember’s request are subject to the Cancellation Policy as defined by theFacility Owner. By using the Service, you are consenting to the terms of theCancellation Policy.
Use of the Service is also governed by ourPrivacy Policy, a copy of which is located at Courtside.com/privacy.By using the Service, you are consenting to the terms of the Privacy Policy.
All content on the Site and otherwise availablethrough the Service, including designs, text, graphics, images, video,information, software, audio and other files, and their selection andarrangement (the “Site Content”), are the proprietary property of Courtside,its users or its licensors. No Site Content may be modified, copied,distributed, framed, reproduced, republished, downloaded, scraped, displayed,posted, transmitted, or sold in any form or by any means, in whole or in part,other than as expressly permitted in these Terms of Use. Authorized Users mayaccess and use the Service and the Site Content and download or print areasonable number of copies of portions of the Site Content to which the Userhas properly gained access solely for the User’s personal, non-commercial use,provided that the User maintains all copyright or other proprietary notices onall copies of such Site Content. Except for your own User Content, you may notpublish or otherwise distribute Site Content, including via the Internet or anyintranet or extranet site, or incorporate the Site Content in any otherdatabase or compilation. You may not use any data mining, robots, scraping orsimilar data gathering or extraction methods to obtain Site Content. Any use ofthe Site or the Site Content other than as specifically authorized herein isprohibited and will automatically terminate your rights with respect to use ofthe Service and the Site Content granted herein. All rights of Courtside or itslicensors that are not expressly granted in these Terms of Use are reserved to Courtsideand its licensors.
You may be able to display certain informationon designated portions of the Site or otherwise through the Service regardingyou or your company or organization including, if you are a Facility Owner,your Facility (a “Profile”). Your Profile will display to other Users certainof your Registration Data and other content about you or your company or yourorganization including, if you are a Facility Owner, your Facility, that youupload or otherwise provide to Courtside for use in your Profile (collectivelythe “Profile Content”). You agree to provide accurate and current informationin your Profile and to promptly update the Profile Content to keep it accurateand current.
You are solely responsible for the ProfileContent, messages, notes, text, information, listings, and any other contentthat you upload, publish, display or otherwise provide to Courtside for display(hereinafter, “post”) on or through the Service, or transmit to or share withother Users (collectively, “User Content”). You may not post, transmit, ordistribute User Content that you did not create or that you do not havepermission to post. You understand and agree that Courtside may, but is notobligated to, review the Site and may delete or remove (without notice) anySite Content or User Content in its sole discretion, for any reason or noreason, including User Content that Courtside believes violates these Terms ofUse. Courtside has no backup or storage obligations regarding User Content. Youare solely responsible at your sole cost and expense for creating backup copiesand replacing any User Content you post or store on the Site or provide to Courtside.
Courtside does not verify the accuracy orauthenticity of any User Content, including any Facility descriptions orFacility availability information provided by Facility Owners, and makes norepresentations or warranties with respect to any User Content. When you post UserContent to the Site, you grant to Courtside an irrevocable, perpetual,non-exclusive, transferable, fully paid, worldwide license (with the right tosublicense) to use, reproduce, publicly perform, publicly display, modify,translate, excerpt (in whole or in part), publish and distribute such UserContent. Subject to the rights granted to us in these Terms of Use, you retainownership of your User Content.
“Courtside” is a registered trademark of Courtside,Inc. “Courtside” together with the other graphics, logos, designs, pageheaders, button icons, scripts and service names on the Site are the trademarksor trade dress of Courtside in the U.S. and other countries (“CourtsideMarks”). You may not use the Courtside Marks, including as part of trademarksand/or as part of domain names, in connection with any product or service inany manner that is likely to cause confusion or create the impression that Courtsideendorses any product or service. You may not reproduce or use the CourtsideMarks without the prior written permission of Courtside.
You agree not to do any of the following inconnection with your use of the Service and to otherwise use the Service incompliance with these Terms of Use. use automated scripts to collectinformation from or otherwise interact with the Service; impersonate any personor entity, or falsely state or otherwise misrepresent you or your affiliationwith any person or entity; upload, post, transmit, distribute or otherwise makeavailable any unsolicited or unauthorized advertising, solicitations,promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”or any other prohibited form of solicitation; upload, post, transmit,distribute, store or otherwise make publicly available on the Site any privateinformation of any third party, including, addresses, phone numbers, emailaddresses, Social Security numbers and credit card numbers; upload, post,transmit, distribute or otherwise make available any material that containssoftware viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer software orhardware or telecommunications equipment; intimidate or harass another; upload,post, transmit, distribute, store or otherwise make available content thatwould constitute, encourage or provide instructions for a criminal offense; useor attempt to use another’s account, service or system without authorizationfrom Courtside, or create a false identity on the Service; use the Service in amanner that may create a conflict of interest or undermine the purposes of theService, such as trading reviews with other Users or writing or solicitingshill reviews; or upload, post, transmit, distribute, store or otherwise makeavailable any answers, responses, comments, opinions, analysis orrecommendations that you are not properly licensed or otherwise qualified toprovide; upload, post, transmit, distribute, store or otherwise make availablecontent that, in the sole judgment of Courtside, is objectionable or whichrestricts or inhibits any other person from using the Site, or which may exposeCourtside or its users to any harm or liability of any type.
You may not use the Service in any situationwhere failure or fault of any kind of the Service could lead to death orserious bodily injury of any person, or to physical or environmental damage(“High Risk Use”). High Risk Use is STRICTLY PROHIBITED. High Risk Useincludes, for example, the following: aircraft or other modes of human masstransportation, nuclear or chemical facilities, and Class III medical devicesunder the Federal Food, Drug and Cosmetic Act.
In addition to any other representations andwarranties in these Terms of Use, you represent and warrant that: the UserContent and all other content submitted to the Service through your account orotherwise posted, transmitted, or distributed by you on or through the Service:(i) does not violate or infringe upon the rights of any third party (includingcopyright, trademark, privacy, publicity or other personal or proprietaryrights), (ii) does not contain libelous, defamatory or otherwise unlawfulmaterial, and (iii) is truthful and accurate; you are not located in a countrythat is subject to a U.S. government embargo or that has been designated by theU.S. government as a “terrorist supporting” country, and you are not listed onany U.S. government list of prohibited or restricted parties;
The Site may contain (or you may be sentthrough the Service) links to other web sites (“Third Party Sites”) as well asarticles, photographs, text, graphics, pictures, designs, sound, video,information, and other content or items belonging to or originating from thirdparties (the “Third Party Content”). Such Third Party Sites and Third PartyContent are not investigated, monitored or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird Party Sites accessed through the Site or any Third Party Content postedon, available through the Site, including the content, accuracy, offensiveness,opinions, reliability, privacy practices or other policies of or contained inthe Third Party Sites or the Third Party Content. Inclusion of, linking to orpermitting the use of any Third Party Site or any Third Party Content does notimply approval or endorsement thereof by Courtside. If you decide to leave theSite and access the Third Party Sites or to access or use any Third PartyContent, you do so at your own risk and you should be aware that our terms andpolicies no longer govern. You should review the applicable terms and policies,including privacy and data gathering practices, of any site to which younavigate from the Site or relating to any applications you use or install fromthe site.
This Service is intended solely for users whoare 18 years of age or older. Any registration by, use of or access to theService by anyone under 18 is unauthorized and in violation of these Terms ofUse. By using the Service, you represent and warrant that you are 18 years ofage or older.
Courtside is not responsible or liable in anymanner for any User Content or Third Party Content posted on the Site ordisplayed in connection with the Service, including the accuracy of anyFacility descriptions, Facility availability information or Member information.Although we provide rules for user conduct and postings, we do not control andare not responsible for what users post, transmit or distribute on the Site andare not responsible for any offensive, inappropriate, obscene, unlawful orotherwise objectionable content you may encounter on the Site or in connectionwith any User Content or Third Party Content. Courtside is not responsible forthe conduct, whether online or offline, of any User, including any Member’snon-compliance with any terms, conditions and policies relating to the use ofany Facility. The Service may be temporarily unavailable from time to time formaintenance or other reasons. Courtside shall have no responsibility for anyinterruption, delay in operation or transmission, theft or destruction of,unauthorized access to, or alteration of, User communications or any othercontent made available via the Service. Under no circumstances will Courtsidebe responsible for any personal injury or death resulting from the use of theService, any User Content or Third Party Content, or any use of Facilities,products or services provided by Users. COURTSIDE PROVIDES THE SERVICE,INCLUDING ALL CONTENT THEREIN, TO FACILITY OWNERS AND MEMBERS “AS IS,” AND,EXCEPT AS PROVIDED HEREIN AND IN ANY FACILITY POLICIES, THE FACILITY OWNERSPROVIDE THEIR FACILITIES TO MEMBERS “AS IS,” AND COURTSIDE AND ITS SUPPLIERS(AND FACILITY OWNERS WITH RESPECT MEMBERS THAT USE THEIR FACILITIES) DISCLAIMANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICEAND THE FACILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OFTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COURTSIDECANNOT GUARANTEE AND DOES NOT PROMISE TO FACILITY OWNERS AND MEMBERS, ANDFACILITY OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO MEMBERS, ANY SPECIFICRESULTS FROM USE OF THE SERVICE OR A FACILITY. WITHOUT LIMITING THE FOREGOING, COURTSIDEDOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADEAVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT ORERROR-FREE; COURTSIDE AND FACILITY OWNERS DO NOT REPRESENT OR WARRANT THAT THESERVICE OR ANY FACILITY RENTAL WILL MEET YOUR REQUIREMENTS; AND COURTSIDE DOESNOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIMEOR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BECORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OFTHE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO FACILITY OWNERS.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTIONAPPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT (I) WILL COURTSIDE OR ITSSUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BELIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL FACILITY OWNERS OR THEIRDIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO MEMBERS, INEACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THESERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROMTHE SERVICE, OR A MEMBER’S USE OF A FACILITY, EVEN IF COURTSIDE (OR THEFACILITY OWNER AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) COURTSIDE’S LIABILITY TOYOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH FACILITY OWNER’S LIABILITYTO A MEMBER OR ANY PARTY CLAIMING THROUGH SUCH MEMBER, IN EACH CASE FOR ANYCAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO COURTSIDE FOR THE SERVICE, OR, WITH RESPECT TOFACILITY OWNERS, THE AMOUNT PAID FOR THE APPLICABLE FACILITY, IN THE 12 MONTHSPRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT.THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THISSECTION THAT ARE APPLICABLE TO FACILITY OWNERS.
Courtside may terminate or suspend your accountor ability to use the Service, in whole or in part, without notice in the eventthat (i) you violate the Terms of Use or violate any other rules that governthe use of the Service, (ii) your conduct may harm Courtside or others or causeCourtside or others to incur liability, (iii) you receive negative feedbackfrom other Users, or (iv) as otherwise determined by Courtside in its solediscretion.
Courtside may modify the Service, and allcontent, software and other items used or contained in the Service, at anytime. References on the Service to any companies, organizations, products, orservices, or other information do not constitute or imply endorsement,sponsorship or recommendation thereof, or any affiliation therewith, by Courtside.
You may terminate your Courtside account at anytime by providing Courtside with notice of termination in accordance with theinstructions available through the Service. Your access to, use of, orparticipation in the Service, including any content therein, may be preventedby Courtside at any time after your termination of your account.Notwithstanding anything herein to the contrary, upon termination of youraccount, Courtside will remove your Profile and cease displaying your ProfileContent, including your Facility listings if you are a Facility Owner, on orthrough the Service.
The laws of the State of California will governthese Terms of Use and any dispute that might arise between you and Courtsidewithout regard to any principles of conflicts of law. Any dispute arisingbetween you and Courtside will be resolved by binding arbitration. Thearbitration shall be conducted by a single arbitrator in the County of SantaClara, California, U.S.A. Unless otherwise expressly required by applicablelaw, each party shall bear its own attorneys fees without regard to which partyis deemed the prevailing party in the arbitration proceeding.
You agree to defend, indemnify and holdharmless Courtside, its agents and employees, individually and collectively,from and against any costs, losses, claims, demands, suits, actions, paymentsand judgments, including legal and attorney fees, (i) arising out of or inconnection with any User Content you post or distribute on or through theService, your use of or participation in the Service, your interactions withother Users of the Service, or any violation of these Terms of Use or of anylaw or the rights of any third party; or (ii) arising from personal and bodilyinjuries, property damage or otherwise, however caused, brought or recoveredagainst any of the above that may arise for any reason from or during or bealleged to be caused by the undersigned use/occupancy of the facilitiesreserved through the Service.
These Terms of Use and the Privacy Policyconstitute the entire agreement between you and Courtside regarding the use ofthe Service and supersede any prior agreements between you and Courtsiderelating to your use of the Service. The failure of Courtside to exercise orenforce any right or provision of these Terms of Use shall not constitute awaiver of such right or provision in that or any other instance. If anyprovision of these Terms of Use is determined to be unlawful, void or for anyreason unenforceable, such determination shall not affect the validity andenforceability of any of the remaining provisions.