1. Scope of Agreement. These terms and conditions (these “Terms”) constitute the entire agreement between Event Spaces NY, LLC (“Event Spaces NY”) and you or anyone acting on your behalf (“you”) governing your access to, and use of, this website and the related services provided by Event Spaces NY (the “Site”). Each accessing or use of the Site constitutes your agreement to be bound by these Terms as last revised.
2. Event Spaces NY retains any and all intellectual property and other proprietary rights (including moral rights) in and to the Site, together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works thereof. The Site is protected by applicable copyright, trade dress, patent and trademark laws, international conventions and other laws protecting intellectual property and related proprietary rights. Subject to your agreement and compliance with these Terms, Event Spaces NY grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site strictly and solely for your private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use.
3. You will not, nor will you cause or permit any other party to: (i) modify, adapt, copy, alter, publish, print, disclose, download, translate or create derivative works of the Site; (ii) disable, disrupt, circumvent or otherwise interfere with any feature, functionality or control that prevents, restricts or otherwise governs access to, or use of, any aspect of the Site; (iii) build a product or service using similar ideas, features, functions or graphics of, or otherwise contained within, the Site; (iv) sublicense, resell, rent, lease, transfer or assign the Site or the use thereof, or to offer the Site on a time-share basis to any third party; (v) reverse engineer, decompile, decode or disassemble the Site (or any part thereof); (vi) attempt to derive the source code for the Site (or any part thereof) orattempt to gain access to any underlying code used to implement or deploy the Site; or (vii) otherwise exploit or use the Site in any way except as strictly set forth in these Terms.
7. The Site may include or link to services, news, information, commentary, research, or other content generated by parties other than Event Spaces NY (“Third Party Content”). Event Spaces NY does not endorse, approve of, or make any assurances or guaranties with respect to any such services or content and will not be responsible or liable in any way for any such services or content, which you access or use solely at your own risk.
8. If you believe that any content on this Site violates your copyright, please notify us at [email protected] with the subject line “Copyright.” This notice should identify the specific content and provide us with evidence of your ownership of the copyright or authorization to enforce the rights of the copyright owner. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
9. No Reliance. While Event Spaces NY uses reasonable efforts to update the information on the Site, Event Spaces NY makes no representations or warranties as to the accuracy, reliability, or completeness of any information on the Site. Any content on the Site is subject to change without notice.
10. Availability of the Site and Termination of Access. Event Spaces NY does not guarantee that this Site, or any feature thereof, will always be available, and Event Spaces NY reserves the right to terminate your access to the Site or any portion thereof for any reason and at any time without prior notice.
11. No Responsibility for Event Spaces. Event Spaces NY is solely a referral platform. Event Spaces NY and the event spaces listed on the Site are independent parties dealing at arm’s length. Event Spaces NY does not assume any responsibility for any event space and does not undertake any responsibility to vet any event space for you or for any dealings between you and any event space.
12. Commissions from Event Spaces. Event Spaces NY receives commissions from event spaces for referrals that result in bookings.
13. EVENT SPACES NY MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE SITE OR ANY MATERIALS OR FEATURES AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, SECURE, COMPLETE, ERROR-FREE, TIMELY, OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVENT SPACES NY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND THE MATERIALS AND FEATURES AVAILABLE ON OR THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.
14. Event Spaces NY will not be responsible or liable to you in any way for any costs, harm, or damages arising out of or relating to your accessing or use of (or inability to access or use) the Site, the listing of any event space on the Site, the referral of you as a prospective renter to an event space (or vice versa), your rental of any event space, or the provision of any service by an event space or other party. Jurisdictions differ as to the enforceability of liability waivers and limitations, and so the foregoing provision may not apply to you as written. You will indemnify and hold Event Spaces NY harmless from and against any claims asserted against Event Spaces NY as a result of any misrepresentation by you or any breach by you of these Terms or any third-party rights.
15. California, USA residents expressly agree to waive California Civil Code section 1542, which provides that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
16. Governing Law. These Terms will be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
17. Binding Arbitration of Disputes. Any dispute, claim, or controversy arising out of or relating to these Terms or your accessing or use of the Site (a “Dispute”) that cannot be consensually resolved in a reasonable time through reasonable, good-faith efforts may be submitted to binding arbitration administered by JAMS in New York, New York before a single arbitrator pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in effect. Binding arbitration will be the sole means of resolving any Dispute that cannot be consensually resolved. The Arbitrator may allocate attorneys’ fees and expenses and interest (at such rate and from such date as the Arbitrator may deem appropriate).
18. Right to Modify. Event Spaces NY reserves the right to modify, suspend, or terminate operation of or access to the Site, any portion of the Site, or any service, product, or feature available on the Site for any reason, at any time, and without notice. Each accessing or use of the Site constitutes your agreement to be bound by these Terms as last revised.