SnapASpace Terms and conditions
LAST UPDATED: 2/08/2017
1.2 Welcome to Snapaspace.com (“SnapASpace”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of www.snapaspace.com, including any content, functionality and services offered on or through www.snapaspace.com (the “Site”), whether as a guest or a registered user. In addition, if you are an entity wishing to offer any services via the Site (“Third Party” or “Provider”), you shall be required to comply with these Terms of Service, as applicable, any other agreement that we may provide.
1.3 This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with SnapASpace and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
2. Changes to the Terms and Conditions
2.1 We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site.
2.2 Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Accessing the Site and Account Security
3.1 We reserve the right to withdraw or amend this Site, and any service or materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
3.2 You are responsible for:
3.2.1 Making all arrangements necessary for you to have access to the Site.
3.2.2 Ensuring that all persons who access the Site through your Internet connection are aware of these Terms and Conditions and comply with them.
3.4 If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.5 We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
4. Third Parties
4.1 Third Party entities, including but not limited to Providers, wishing to offer services and products have provided information that will be available to you to review and compare via the Site. We do not own or operate or have any control over any such Third Party entities or the information they provide or post on the Site. We do not have any control over any of the information provided by or displayed relating to the Third Party entities on the Site, including any venue and Provider information, pricing and other such relevant information, and we cannot assure such information is accurate, complete, or current. Third Party entities’ information on the Site is subject to change, with or without notice, including but not limited to availability, actual booking date, actual guest count, actual event time, upgrades of amenities, and/or variable changes in prices in general. Therefore you should not rely on this information. As a condition to your use of the Site, you hereby understand and agree that should you decide to move forward with one or more of the Third Party entities on the Site, SnapASpace has no control over such Third Party entities and is not and shall not at any time be or be deemed to be a part of any agreement between you and the respective Third Party entities and your decision to move forward with any entity is entirely up to you. We do not warrant the accuracy of, or assume (and you agree that SnapASpace does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided by either our staff or our visitors. Please exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or publicly posting content. “Content” in this case means links to our Site, text, images, photos, audio, video, addresses, and all other forms of data or communication provided on our Site.
5.1 Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Services and on, around, and in connection with your Content.
6. Intellectual Property Rights
6.1 The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SnapASpace, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
6.2 These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
6.2.1 Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
6.2.2 You may store files that are automatically cached by your Web browser for display enhancement purposes.
6.2.3 You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
6.2.4 If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
6.2.5 If we provide social media features with certain content, you make take such actions as are enabled by such features.
6.3 You must not:
6.3.1 Modify copies of any materials from this site.
6.3.2 Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
6.3.3 Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
6.4 You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
6.5 If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [EMAIL].
6.6 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by SnapASpace. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
SnapASpace name, the terms SnapASpace, SnapASpace logo, and all related names, logos, product and service names, designs and slogans are trademarks of SnapASpace or its affiliates or licensors. You must not use such marks without the prior written permission of SnapASpace. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
8. Prohibited Uses
8.1 You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
8.1.1In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
8.1.2 For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
8.1.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content standards set out in these Terms and Conditions.
8.1.4 To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
8.1.5 To impersonate or attempt to impersonate SnapASpace, a SnapASpace employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
8.1.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm SnapASpace or users of the Site or expose them to liability.
8.2 Additionally, you agree not to:
8.2.1 Modify, adapt, reproduce, distribute, translate, create derivative works or adaptions of, publicly display, sell, trade, or in any way exploit the Site or Site Content.
8.2.2 Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
8.2.3 Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including collecting, monitoring or copying any of the material on the Site.
8.2.4 Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
8.2.5 Use any device, software or routine that interferes with the proper working of the Site.
8.2.6 Reverse engineer any portion of the Site.
8.2.7 Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s technology infrastructure or otherwise make excessive traffic demands of the Site.
8.2.8 Attempt to gain unauthorized access to user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
8.2.9 Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
8.2.10 Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
8.2.11 Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
8.2.12 Otherwise attempt to interfere with the proper working of the Site.
9. User Contributions
9.1 The Site may contain message boards, reviews, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, share or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
9.2 All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
9.3 Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
9.4 You represent and warrant that:
9.4.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
9.4.2 All of your User Contributions do and will comply with these Terms and Conditions.
9.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SnapASpace, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
9.6 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
10. Monitoring and Enforcement; Termination
10.1 We have the right to:
10.1.1 Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
10.1.2 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for SnapASpace.
10.1.3 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
10.2 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
10.3 Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.
10.4 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS SNAPASPACE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10.5 However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
11. Content Standards
11.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
11.1.1 Contain any materials which are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
11.1.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
11.1.3 Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
11.1.5 Be likely to deceive any person.
11.1.6 Promote any illegal activity, or advocate, promote or assist any unlawful act.
11.1.7 Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
11.1.8 Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
11.1.9 Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
11.1.10 Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. Reliance on Information Posted
12.1 The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
12.2 This Site includes content provided by Third Parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SnapASpace, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SnapASpace. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. Changes to the Site
13.1 We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
14. Information About You and Your Visits to the Site
15. Linking to the Site and Social Media Features
15.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
15.2 This Site may provide certain social media features that enable you to:
15.2.1 Link from your own or certain third-party Sites to certain content on this Site.
15.2.2 Send e-mails or other communications with certain content, or links to certain content, on this Site.
15.2.3 Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
15.3 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
15.3.1 Establish a link from any Site that is not owned by you.
15.3.2 Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
15.3.3 Link to any part of the Site other than the homepage, except if you are a venue or Provider that is directly working with us, and your intentions are to refer your potential customers or clients to your profile page on the Site.
15.3.4 Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms and Conditions.
15.4 The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions.
15.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
15.6 We may disable all or any social media features and any links at any time without notice in our discretion.
16. Links from the Site
16.1 If the Site contains links to other sites and resources provided by Third Parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
17. Disclaimer of Warranties
17.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
17.2 YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES, FEATURES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SNAPASPACE NOR ANY PERSON ASSOCIATED WITH SNAPASPACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SNAPASPACE NOR ANYONE ASSOCIATED WITH SNAPASPACE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
17.3 SNAPASPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
17.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
18.1 IN NO EVENT WILL SNAPASPACE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
18.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19.1 You agree to defend, indemnify and hold harmless SnapASpace, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable Solicitors’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
20. Governing Law and Jurisdiction
20.1 All matters relating to the Site and these Terms and Conditions and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule.
20.2 Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the courts of Australia or the courts of the State of Victoria although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Limitation on Time to File Claims
21.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Waiver and Severability
22.1 No waiver of by SnapASpace of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SnapASpace to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
22.2 If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
23. Entire Agreement
1. Agreement to these Terms
1.1 These Terms constitute a legal contract. As such, by accessing, completing registration and utilizing the Site, you hereby acknowledge and agree to be bound by these Terms, as updated, from time to time, by SnapASpace, govern your use of www.SnapASpace.com (the “ Site”) ,SnapASpace’s online platform for event locations (each a “ Venue” and collectively, “ Venues”) and related services available via the Site. If you do not agree to be bound by all of these Terms, do not access or utilise the services provided by the Site. If you 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. Notwithstanding any such agency relationship, you agree to be bound by these Terms, personally, as well. At some point, different areas of the Services and your access to or use of certain Services or Content (defined below) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or Site Content.
1.2 You understand and agree that the Services bring Venue Owners and End Users together; however, SnapASpace is not a party to any agreements entered into between Venue Owners and End Users, nor is SnapASpace a real estate broker or agent. As a result, SnapASpace has no control over the conduct of End Users or Venue Owners. SnapASpace has no control over the terms of any proposal generated by the Services or the Site, and the mere fact that Services allow Venue Owners to generate proposals with SnapASpace’s name and trademark listed on them shall in no way be interpreted as SnapASpace offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such proposal. SnapASpace expressly disclaims all liability in this regard.
2. Changes to Terms
2.1 SnapASpace, may, in its sole discretion, modify these Terms, at any time and without prior notice. If we do so we will let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms whenever we revise them because your continued use of the Site shall constitute your agreement to be bound by the modified Terms. Your continued use will be governed by the modified Terms, as well. Because our Services are evolving, if the revised Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
3. Eligibility and Account Registration
3.1 If you would like to use our Services to list a Venue, you must first register to create an account with SnapASpace (“Account”). The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
3.2 When creating an Account, you will be required to provide certain information and you will establish a username and a password. 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. You can register directly through the Site or a social networking service we support (your “SNS”). By using your SNS account, you are allowing SnapASpace to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
4. Bookings and Financial Terms
4.1 The booking of Venues and the related financial terms are not negotiated or booked through the Service, but are negotiated and booked directly between the you and the End User.
4.2 All cancellations of bookings shall be communicated directly between you and the End User. SnapASpace has no role or involvement in the cancellation of bookings. SnapASpace has no liability to either you or the End User for any cancelled booking.
4.3 YOU EXPRESSLY RELEASE SNAPASPACE FROM ANY AND ALL LIABILITY RELATED TO ALL VENUE OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT SNAPASPACE IS NOT RESPONSIBLE FOR RESOLVING ANY DISPUTES BETWEEN VENUE OWNERS AND END USERS, WHETHER RELATED TO A BOOKING CANCELLATION, OR OTHERWISE, OR PROCESSING ANY CHANGES TO OR CANCELLATIONS OF BOOKINGS. SNAPASPACE DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.
5. Content on the Site
5.1 For the purposes of these Terms:
5.1.1 “Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
5.1.2 “SnapASpace Content” means all Content that SnapASpace makes available through the Services, including any Content licensed from a third party, but excluding End User Content and Venue Owner Content.
5.1.3 “End User Content” means all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services.
5.1.4 “Site Content” means End User Content, Venue Owner Content and SnapASpace Content.
5.1.5 “Venue Owner Content” means all Content that a Venue Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings.
5.2 Subject to your compliance with the terms and conditions of these Terms, SnapASpace grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any SnapASpace Content solely for your personal and non-commercial purposes or your internal business purposes. Subject to your compliance with these Terms, SnapASpace grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any End User Content solely for your personal and internal business purposes.
5.3 You acknowledge and agree not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site 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 SnapASpace or its licensors, except for the licenses and rights expressly granted in these Terms. You agree that you have no right to, or title in or to, any Site Content (except for the Venue Owner Content that you provide) or any other attributes associated with your Account.
5.4 You agree that you are solely responsible for all your Venue Owner Content. You represent and warrant that: (a) you own the Venue Owner Content that you provide through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to SnapASpace the rights in the Venue Owner Content you provide via the Services. You also represent and warrant that your Venue Owner Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.5 SnapASpace respects copyright law and expects you to do the same. SnapASpace has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Account holders who infringe the rights of copyright holders.
6. What Not to Do
6.1 The Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
6.1.1 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.
6.1.2 Use, display, mirror or frame the Site, or any individual element within the Services, SnapASpace’s name, any SnapASpace trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SnapASpace’s express written consent;
6.1.3 Access, tamper with, or use non-public areas of the Services, SnapASpace’s computer systems, or the technical delivery systems of SnapASpace’s providers;
6.1.4 Attempt to probe, scan, or test the vulnerability of any SnapASpace system or network or breach any security or authentication measures;
6.1.5 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SnapASpace or any of SnapASpace’s providers or any other third party (including another Venue Owner or an End User) to protect the Services or Site Content;
6.1.6 Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SnapASpace or other generally available third party web browsers;
6.1.7 Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
6.1.8 Use any meta tags or other hidden text or metadata utilizing a SnapASpace trademark, logo URL or product name without SnapASpace’s express written consent;
6.1.9 Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
6.1.10 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 Services or Site Content to send altered, deceptive or false source-identifying information;
6.1.11 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
6.1.12 Interfere with, or attempt to interfere with, the access of any other Venue Owner, End Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
6.1.13 Collect or store any personally identifiable information from the Services from other Venue Owners or End Users of the Services without their express permission;
6.1.14 Impersonate or misrepresent your affiliation with any person or entity;
6.1.15 Violate any applicable law or regulation; or
6.1.16 Encourage or enable any other individual to do any of the foregoing.
6.2 SnapASpace has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SnapASpace may involve and cooperate with law enforcement authorities in prosecuting Venue Owners or End Users who violate these Terms. You acknowledge that SnapASpace has no obligation to monitor your access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the 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. SnapASpace reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that SnapASpace, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
7. Termination and Account Cancellation
7.1 If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Services. In the event SnapASpace terminates your Account for your breach of these Terms, you will remain liable for all amounts due hereunder. Subject to these Terms, you may cancel your Account at any time by sending an email to firstname.lastname@example.org. As stated above under the section titled “Changes We Can Make to these Terms”, we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
8. No Endorsement
8.1 SnapASpace does not endorse any End Users, Venue Owners or Venues featured on the Site. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Venue Owner’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. SnapASpace is not responsible for any damage or harm resulting from your interactions with other Venue Owners or End Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Venue Owners, End Users or other third parties will be limited to a claim against such Venue Owner, other End Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from SnapASpace.
9.1 YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, SNAPASPACE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SNAPASPACE MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SNAPASPACE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
9.2 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER VENUE OWNERS AND/OR END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
9.3 YOU UNDERSTAND THAT SNAPASPACE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY OTHER VENUE OWNERS OR END USERS OF THE SERVICES, NOR DOES SNAPASPACE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER VENUE OWNERS OR END USERS OF THE SERVICES. SNAPASPACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER VENUE OWNERS OR END USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER VENUE OWNERS AND END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
10. Limitation of Liability
10.1 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 SERVICES AND SITE CONTENT, AND ANY BOOKINGS OF VENUES VIA THE SERVICES, REMAINS WITH YOU. NEITHER SNAPASPACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR SITE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER VENUE OWNERS OR END USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR THE USE OF A VENUE WHERE A BOOKING WAS MADE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SNAPASPACE 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.
10.2 IN NO EVENT WILL SNAPASPACE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT; (III) THE OFFERING OF ANY VENUE THROUGH THE SERVICES; OR (IV) THE USE OF ANY VENUE BY AN END USER OF THE SERVICES EXCEED THE SERVICE FEES PAID BY THE VENUE OWNER TO SNAPASPACE, OR ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD), IF THERE ARE NO SERVICE FEES PAID BY THE VENUE OWNER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAPASPACE AND YOU.
11.1 You agree to indemnify and hold harmless SnapASpace and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (a) your access to or use of the Services or Site Content or your violation of these Terms; (b) your Venue Owner Content; and (c) your interaction with any Venue Owner or End User, as applicable, including, but not limited to, (i) any condition caused by events beyond SnapASpace’s control that may cause damage to an Venue Owner’s Venue; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Venue, or a Venue Owner’s listing of a Venue via the Services.
12.1 All matters relating to the Site and these Terms and Conditions and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule.
12.2 Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the courts of Australia or the courts of the State of Victoria although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18.1 The Services may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
18.2 You agree to comply with all laws or regulations relevant to the Site, the Service or the Venues.