TERMS AND CONDITIONS OF USE

Our Terms of Use have been updated; click here for a summary of changes.

The following terms and conditions ("Terms of Use") govern the use of the website (the "Site"), mobile device software applications (the "Mobile Software"), and related services (together with the Site and Mobile Software, the "Service") made available by LiquidSpace, Inc. ("us, "we," or "LiquidSpace"). By accessing, using or participating in the Service, you ("you" or the "User") agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If we do this, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to this Terms of Use will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

Accounts; Registration Data; Account Security

In order to rent or otherwise schedule time in a workspace (a "Venue") from another User through the Service, you must register for a "Member" account. In order to rent or otherwise make available your Venue to another User through the Service, you must register for a "Venue Owner" account. In these Terms of Use, Users with Member accounts will be referred to as "Members" and Users with Venue Owner accounts will be referred to as "Venue Owners."

In connection with registering for, using or participating in the Service (whether as a Member or a Venue Owner), you agree (i) to provide accurate, current and complete information about you and your organization as requested by LiquidSpace ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to LiquidSpace, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

Venue Owners

Use of the Service by Venue Owners is also governed by our Venue Owner Policy located at liquidspace.com/home/terms-of-use-venue-owner. By using the Service as a Venue Owner, you are consenting to the terms of the Venue Owner Policy.

Rental Transactions Between Members and Venue Owners

As a Member, you agree to abide by the following Member policies:

  • You agree to be bound by and comply with any additional terms, conditions and policies provided by the Venue Owner relating to the use of a specific Venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Venue Owner ("Venue Policies"). The Venue Policies may be provided in electronic format through the Service or in hardcopy format.
  • You may not use the Venue to carry out any illegal activities or use the Venue in violation of law.
  • You are responsible for leaving the Venue in the condition that it was given to you. You may be held liable for the repair cost for all damage to the Venue and items therein during your use thereof.

You acknowledge that the Service is a forum to allow anyone to find, schedule time in, rent, offer to rent, and make available workspace. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that LiquidSpace does not offer workspace rentals and LiquidSpace does not act as an agent for any Venue Owner or any Member. Instead, LiquidSpace provides the Service to allow Members and Venue Owners to transact and communicate directly with one another. LiquidSpace may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. To the maximum extent permitted by applicable law, LiquidSpace is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release LiquidSpace from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.

Payment

You agree to the fees, charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service. All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use. LiquidSpace may change the fees and charges for the Service at any time in its sole discretion.

If you are a Member, when you find a Venue that you wish to rent on the Service and you have been duly authorized to rent the Venue by the Venue Owner, then you will pay the rental fee through one of two options, as determined by the Venue Owner: (1) LiquidSpace will ask for your credit card information and billing address, and LiquidSpace will process your rental fee payment on behalf of the Venue Owner (the "LiquidSpace Billing Option"), or (2) the Venue Owner will bill you directly for the rental fee, and the Venue Owner will process your rental fee payment directly (the "Venue Billing Option"). Any reservations that are cancelled by the Member or by the Venue at the Member's request are subject to the Cancellation Policy (as described below). Members are considered duly authorized by the Venue if the Venue has granted a LiquidSpace Visa to the Member.

Cancellation Policy

Use of the Service is also governed by our Cancellation Policy, a copy of which is located at liquidspace.com/cancelpolicy/flexible. By using the Service, you are consenting to the terms of the Cancellation Policy.

Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at liquidspace.com/Home/Privacy-Policy. By using the Service, you are consenting to the terms of the Privacy Policy.

Proprietary Rights in Site Content; Limited License

All content on the Site and otherwise available through the Service, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of LiquidSpace, 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 may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for the User's personal, non-commercial use, provided that the User maintains all copyright or other proprietary notices on all copies of such Site Content. Except for your own User Content, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of LiquidSpace or its licensors that are not expressly granted in these Terms of Use are reserved to LiquidSpace and its licensors.

User Content Posted on the Service

You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Venue Owner, your Venue (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Venue Owner, your Venue, that you upload or otherwise provide to LiquidSpace for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.

You are solely responsible for the Profile Content, messages, notes, text, information, listings, and any other content that you upload, publish, display or otherwise provide to LiquidSpace for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that LiquidSpace may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that LiquidSpace believes violates these Terms of Use. LiquidSpace has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to LiquidSpace.

LiquidSpace does not verify the accuracy or authenticity of any User Content, including any Venue descriptions or Venue availability information provided by Venue Owners, and makes no representations or warranties with respect to any User Content.

When you post User Content to the Site, you grant to LiquidSpace an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.

Trademarks

"LiquidSpace" is a registered trademark of LiquidSpace, Inc. "LiquidSpace" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of LiquidSpace in the U.S. and other countries ("LiquidSpace Marks"). You may not use the LiquidSpace Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that LiquidSpace endorses any product or service. You may not reproduce or use the LiquidSpace Marks without the prior written permission of LiquidSpace.

User Conduct

You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.

  • use automated scripts to collect information from or otherwise interact with the Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
  • upload, post, transmit, distribute or otherwise make available 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 private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
  • use or attempt to use another's account, service or system without authorization from LiquidSpace, or create a false identity on the Service;
  • use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews; or
  • upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
  • upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of LiquidSpace, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose LiquidSpace or its users to any harm or liability of any type.

No High Risk Use

You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.

Additional Representations and Warranties

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:

  • the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate;
  • you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties;

Third Party Websites and Content

The Site may contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by LiquidSpace. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Eligibility

This Service is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or older.

Mobile Software License

Subject to the terms of these Terms of Use, LiquidSpace grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.

You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.

LiquidSpace and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.

The following terms and conditions apply to you only if you are using Mobile Software from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and LiquidSpace, not Apple, and that Apple has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and LiquidSpace acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and LiquidSpace acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party's intellectual property rights, LiquidSpace, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and LiquidSpace acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimers

LiquidSpace is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including the accuracy of any Venue descriptions, Venue availability information or Member information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. LiquidSpace is not responsible for the conduct, whether online or offline, of any User, including any Member's non-compliance with any terms, conditions and policies relating to the use of any Venue. The Service may be temporarily unavailable from time to time for maintenance or other reasons. LiquidSpace shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will LiquidSpace be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Venues, products or services provided by Users. LIQUIDSPACE PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO VENUE OWNERS AND MEMBERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY VENUE POLICIES, THE VENUE OWNERS PROVIDE THEIR VENUES TO MEMBERS "AS IS," AND LIQUIDSPACE AND ITS SUPPLIERS (AND VENUE OWNERS WITH RESPECT MEMBERS THAT USE THEIR VENUES) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE VENUES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIQUIDSPACE CANNOT GUARANTEE AND DOES NOT PROMISE TO VENUE OWNERS AND MEMBERS, AND VENUE OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO MEMBERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A VENUE. WITHOUT LIMITING THE FOREGOING, LIQUIDSPACE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; LIQUIDSPACE AND VENUE OWNERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY VENUE RENTAL WILL MEET YOUR REQUIREMENTS; AND LIQUIDSPACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.

THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

IN NO EVENT (I) WILL LIQUIDSPACE OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL VENUE OWNERS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO MEMBERS, IN EACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A MEMBER'S USE OF A VENUE, EVEN IF LIQUIDSPACE (OR THE VENUE OWNER AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) LIQUIDSPACE'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH VENUE OWNER'S LIABILITY TO A MEMBER OR ANY PARTY CLAIMING THROUGH SUCH MEMBER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIQUIDSPACE FOR THE SERVICE, OR, WITH RESPECT TO VENUE OWNERS, THE AMOUNT PAID FOR THE APPLICABLE VENUE, IN THE 12 MONTHS PRIOR 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. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.

Limitation of Liability - Australian Consumer Law

If you are a "consumer" for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, LiquidSpace's liability to you under the Australian Consumer Law is limited at LiquidSpace's option to: (i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.

Termination

LiquidSpace may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm LiquidSpace or others or cause LiquidSpace or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by LiquidSpace in its sole discretion.

LiquidSpace may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by LiquidSpace.

You may terminate your LiquidSpace account at any time by providing LiquidSpace with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by LiquidSpace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, LiquidSpace will remove your Profile and cease displaying your Profile Content, including your Venue listings if you are a Venue Owner, on or through the Service.

Governing Law; Arbitration

The laws of the State of California will govern these Terms of Use and any dispute that might arise between you and LiquidSpace without regard to any principles of conflicts of law. Any dispute arising between you and LiquidSpace will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the County of Santa Clara, California, U.S.A. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

Indemnity

You agree to indemnify and hold LiquidSpace harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, or any violation of these Terms of Use or of any law or the rights of any third party.

Miscellaneous

These Terms of Use and the Privacy Policy constitute the entire agreement between you and LiquidSpace regarding the use of the Service and supersede any prior agreements between you and LiquidSpace relating to your use of the Service. The failure of LiquidSpace to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.

Last revised on December 04, 2013


Summary of Changes to LiquidSpace Terms of Use

We have revised our Terms of Use as of December 04, 2013.

This summary is intended to facilitate your review and understanding of the changes to the Terms of Use. However, please take the time to read the full document, as you will be bound by its terms when you view, access or otherwise use LiquidSpace's online services.

Some highlights to the revisions to the Terms of Use follow:

We have made changes to terms that affect Venue Owners of Public Venues. No changes to terms have been made that affect Members who are not Venue Owners.

We have changed the service charge charged to Public Venues as described in the Service Charges section of the Public Venue Owner Pricing Addendum for U.S., Australian and New Zealand Venues. Public Venues will be charged the lower 10% rate for LiquidSpace Originated Members each time that Member transacts using their credit card after entering LiquidSpace through the marketing link provided to the Venue by LiquidSpace.