Terms of Service
Last Updated: October 9th, 2020
Please read through the following Terms of Service carefully. By browsing or using Our Services, you agree to Our Terms of Service (“Terms”). The Terms are here for you, so that you are aware of your legal rights when using our Services.
Please note: this Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Services Agreement, including those governing disputes in Section 4, you may not use our platform or services.
This document and any documents referred to within it will collectively make up the Terms. The “thisspace co. Host Membership Agreement” between the “Company”/thisspace and the “Member”/Host references and includes these Terms.
If you believe a user is in violation of these terms, please contact us.
These Terms constitute a legally binding agreement ("Agreement") between you and thisspace (as defined below) governing your access to and use of the thisspace website, including any subdomains thereof, and any other websites through which thisspace makes its services available (collectively, "Site"), mobile applications and application programming interfaces (collectively, "Application") and all associated services ("Services"). The Site, Application, and Services together are collectively referred to as the "thisspace Platform".
When these terms mention, "thisspace", "we", "us", and "our", it refers to thisspace co., located at 6116 Merriewood Dr, Oakland, CA.
1. General Terms
1.1.1 the thisspace Platform is an online marketplace that enables registered users ("Members" or "Users") and certain third parties to rent and list rooms, venues, outdoor areas, and other physical locations (“Spaces”) and buy and sell related services (“Host Services”). The thisspace Platform enables Members who offer Spaces and/or Host Services ("Hosts") to connect, communicate and transact with other members ("Guests") through "Bookings".
1.1.2 To promote the thisspace Platform and increase the exposure of Spaces to potential Guests, Spaces and other Member Content (as defined below) may be displayed on other websites and applications, within emails, in online and offline advertisements and other marketing materials.
1.1.3 As the Platform provider, thisspace does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Spaces or Host Services. Hosts alone are responsible for the availability, quality, and terms of their Spaces and Host Services. It is your responsibility to evaluate each Guest and Host with whom you chose to communicate, transact, or otherwise interact.
1.1.4 If you chose to use the thisspace Platform as a Host, your relationship with thisspace is limited to being a third-party contractor, and not an employee, agent, or partner of thisspace.
1.1.5 When Members make or accept a Booking, they are entering into a contract directly with each other. thisspace is not a party to that contract or any other contract between Guest and Host. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of Spaces and Host Services. As such, we accept no obligations in connection to these contracts. However, if you have problems with your transaction, we may step in to help (refer to section 3). Users are prohibited from using the Platform to facilitate contracts outside of the Platform.
1.1.6 User Verification. Thisspace does not pre-screen Members. We do not assume responsibility for verifying the identity of thisspace Members. However, as permitted by applicable law we may, but have no obligation to, take efforts to verify the identity of users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a safe community. We cannot ensure that Users will actually complete a transaction.
1.1.7 Changes to our Platform. We reserve the right to change, modify, suspend, or discontinue all or any part of the thisspace Platform at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work as expected or in the same way as the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts or the entirety of the Services at our sole discretion without notice or liability.
1.1.8 Third-Party Resources. Our Platform may contain links to third-party websites and resources. thisspace does not guarantee and is not liable for the availability or accuracy of third-party resources. Links to third-party resources are not an endorsement of the third-party or third-party resources by thisspace.
1.1.9 Right to Refuse Service. We reserve the right to refuse to provide you access to the thisspace Platform or to allow you to open an Account for any reason.
1.1.10 Eligibility. In order to access and use the thisspace Platform or register a thisspace Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity and able to enter into legally binding contracts.
1.1.11 Ownership, License, and Restrictions. thisspace owns all rights and interests in the Platform and all intellectual property contained within. Through creating your Account, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Platform as described in these Terms and only as provided to you via the Platform. This license does not constitute a transfer of ownership or grant you additional rights to use this IP. You may not attempt to obtain source code of the Platform. You may not interfere with or disrupt/harm our Platform.
1.1.12 Compliance with the Law. You agree that you will not violate any laws in connection with your use of Spaces, Host Services, the Platform, and all other thisspace Services. This includes any local, state, federal and international laws that may apply to you. While we may provide support and guidance to help you understand which laws apply to you, we are not authorized to provide and do not provide any legal advice.
1.2 Your Account
1.2.1 Registration. You must register an account ("Account") to access and use certain features of the thisspace Platform, such as publishing or booking a Space. If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
1.2.2 Accuracy. You are required to provide accurate information and keep your account information up-to-date as required to maintain compliance with these terms, including but not limited to maintaining proper contact and payment information. Providing false information or impersonating another person or misrepresenting your affiliation or association with a company or other legal entity is strictly forbidden and may result in immediate termination of your Account, ineligibility to use thisspace Services, and/or reporting to the appropriate legal authority.
1.2.3 Account Security. You will be required to provide an email address and password to keep your account secure. You are responsible for maintaining the security of your account credentials and are required to notify thisspace if you suspect your account security has been compromised. You are solely responsible for any activity on your account, so remember to keep your login and password secure.
1.2.4 Account Termination. You may terminate your account at any time by notifying us. Termination of your account does not negate any contractual obligations to third parties and other thisspace members. You are responsible for all activity conducted on your account prior to termination, including payment of Fees, Fines, and other charges; providing use of Space and Host Services to Guests to fulfill prior Bookings.
1.2.5 Account Termination by Us. We may suspend your account and use of thisspace Services, including but not limited to listing Space, communicating with Members, and booking Space. We will likely terminate your account if you fail to comply with these Terms, there is evidence of actual or attempted fraud by your account, or we believe use of your Account poses a risk to thisspace, you, or other Members.
1.3.1 We value hearing from our Users and are always interested in learning about ways we can improve Our Services. We encourage you to provide feedback, comments and suggestions ("Feedback") through the "Contact" section of the thisspace Platform, or by other means of communication. By providing Feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any compensation to you
1.4.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
2. Connecting and Transacting on Our Platform
2.1.1 Posting Content. When using our Platform, you may be asked to or may voluntarily create, upload, post, send, receive and store information about yourself, a Space, a Host Service or other information including text, images, or videos (collectively, "Member Content"). Member Content includes, but is not limited to, usernames, corporate or organizational names, profile pictures, Space photos, Space descriptions, User-generated reviews, User-generated comments, and User-generated videos.
2.1.2 Accuracy of Content. You will only provide Content that you are authorized to provide and will ensure that Member Content is accurate, complete, and in compliance with the Terms. You are solely responsible for all Member Content you post to our Platform. You represent that you have all necessary rights to provide Member Content to the Platform and you're not infringing or violating any third party's rights by posting it. Thisspace does not guarantee the accuracy, veracity, or completeness of Member Content.
2.1.3 Prohibited Content. You will not post, upload, publish, send or otherwise transmit Member Content on the thisspace platform that violates the Terms or any other thisspace policy, violates applicable Laws, or otherwise compromises the safety and well-being of the thisspace community. This includes, but is not limited to, Content that (i) is defamatory, libelous, vulgar, pornographic, obscene, or otherwise disrespectful towards other users; (ii) is fraudulent, false or misleading; (iii) promotes illegal or harmful activities or substances; (iv) promotes discrimination, harassment, bigotry, racism, hatred, harassment or harm to another individual or group of individuals; or (v) includes sensitive personal information. We may, without prior notice, remove or restrict access to all Content in violation of this agreement and/or applicable law. Violations may result in Account termination or ineligibility to use the thisspace Platform and Services.
2.1.4 Our Use of Member Content. In providing Member Content to our Platform, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of the Content to promote our Platform. We do not claim ownership to the Content, but we have your permission to use it to help us function and grow.
2.1.5 Subject to your compliance with these Terms, thisspace grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Member Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
2.1.6 Copyright Infringement. thisspace respects copyright law and expects users to do the same. If Content that you own or have rights to has been posted to the Platform without your permission and you want it removed, please notify us. 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. We will review alleged violations but may not send you a response each time notifying you of the results of our review. 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.
2.2.1 Fees and Payments. By using our Platform, you authorize thisspace to receive and/or enable your payment of applicable charges for goods and services obtained through your use of the Platform and Services.
2.2.2 Fees Charged by thisspace. thisspace may charge fees to Hosts and Guests (collectively "Service Fees") for the use of the Platform. More information about when Service Fees apply and how they are calculated can be found in our Help Center. Any applicable Service fees will be displayed to a Host or Guest prior to publishing a Listing or submitting a Booking Request. thisspace reserves the right to change the Service Fees at any time, and such changes will not affect any bookings made prior to the effective date of the fee change. Except as otherwise provided in these Terms, thisspace Service Fees are non-refundable.
2.2.3 Host Services and Additional Fees. A Booking is a legally binding agreement that provides limited use of a Space as described in the Listing and Booking Agreement, for which the Host charges a fee (the "Booking Price"). Hosts may charge additional fees in association with the use of the Space, for instance, a Cleaning Fee, provided that such fees are represented accurately in the Listing and are displayed to the Guest prior to submitting a Booking Request. Hosts may offer Add-On Services ("Host Services") for an additional fee. Hosts may only charge Host Service fees if the Guest includes the Service in the Booking. Host Service fees may be either a flat fee or calculated based on an hourly rate and the length of a Booking, at the Host's discretion.
2.2.4 Taxes. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Spaces and Host Services on the Platform. Except as required by law, thisspace will not calculate, track, or pay Taxes or submit Tax documents on your behalf.
2.2.5 Payment. You are responsible for paying all Fees or other amounts that you owe under these Terms. You must timely and fully pay these fees via the Platform. If for some reason we are unable to receive payment via the Platform, then we may require payment via alternative means (such as direct debit or wire transfer). You are responsible for any costs or penalties associated with recovering Fees, Taxes, or Fines owed, including Late Fees or legal costs. In our discretion, we may charge a Late Fee of up to 10% for any payments more than seven (7) days overdue.
2.2.6 Payment Processing. Payment processing on the thisspace Platform is provided by Stripe. Your use of Payment Processing on the Platform is subject to Stripe's Terms and Conditions. To transact on thisspace, you must provide accurate and complete information about you and your business, organization, or other legal entities affiliated with your thisspace Account, and authorize us to share this information with Stripe.
2.3 Terms Applicable to Guests
2.3.1 Space Usage When you Book a Space, you are provided a license to enter, occupy, and use the Space only as described in the Booking and confirmed by the Host, subject to these Terms and any Booking Agreement. A Booking does not provide you a lease or access or use of the Space beyond the specified time and Description. Hosts retain the right to re-enter the Space in accordance with your agreement with the Host.
2.3.2 Booking Requests. Guests may submit Booking Requests on the Host's Space Listings. Booking Requests are non-binding, and may be altered or cancelled by Guests at any time prior to Booking confirmation with no penalty. All applicable fees, including the Space Fee and Service Fee and any applicable Host Service Fees (collectively, "Total Fees") will be presented to you prior to requesting a Booking. By submitting a Booking Request, you agree to pay the Total Fees in the event that the Booking is confirmed by the Host.
2.3.3 Bookings. Bookings are created when the Host accepts and confirms your Booking Request submitted via the thisspace platform. Bookings are a legally binding agreement between a Host and a Guest subject to the Terms, the specific cancellation policy included in the Listing, and any rules and restrictions included in the Listing. thisspace will collect the Total Fees upon confirmation of the Booking by the Host. All Bookings are subject to and bound by the thisspace Cancellation and Refund Policy.
2.3.4 Tenant Responsibilities. Guests are responsible for leaving the Space and Space amenities in the condition it was in when you arrived and for complying with all Space Rules. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
2.4 Terms Applicable to Hosts
2.4.1 Listing Space. In order to List a Space as a Host, you must provide all required information, including but not limited to, a description, usage rules, pricing, pictures, amenities, and condition. Hosts are responsible for maintaining listings and ensuring they are accurate, complete, and up-to-date at all times. Hosts must not post inaccurate or misleading information.
2.4.2 Space Conditions. Hosts are responsible for maintaining Space conditions and Space amenities so that Guests may use them as described in the Space Listing. All Spaces and Space amenities must be clean, safe, and in good working order and Hosts must disclose or correct any defects prior to Listing Space. Hosts must promptly notify Guests of any material changes to Space conditions or Space amenities that impact confirmed Bookings.
2.4.3 Host Responsibilities. As a Host, you are solely responsible for ensuring that Spaces and Amenities comply with all applicable Laws, including any alcoholic beverage laws, local ordinances related to condition, licensure, or registration of Spaces for use by guests, and payment of Taxes. We may require you to provide proof of your compliance with Laws at any time. Hosts are responsible for the acts and omissions of any individuals who work, reside, or are present at the Space at your request or invitation, excluding the Guest and any individuals the Guest invites to the Space.
2.4.4 Booking Requests. Hosts will receive notification via email, text, and/or a message on the thisspace Platform when Guests submit Booking Requests on the Host's Space Listings. Booking Requests are non-binding, and Hosts have the option to confirm or decline requests. Hosts are required to respond to Booking Requests within 48 hours by either confirming the Request, declining the Request, or requesting additional information from the Guest. If the Host does not respond within 72 hours, the Booking Request will be automatically declined and repeated violations may result in removal of the Space from the platform and/or termination of the Host Account.
2.4.5 Bookings. Bookings are created when the Host accepts and confirms a Booking Request submitted via the thisspace platform. Bookings are a legally binding agreement between a Host and a Guest subject to the Terms, the specific cancellation policy included in the Listing, and any rules and restrictions included in the Listing. Hosts are obligated to deliver Spaces and Host Services as described in the Space Listing and in accordance with the terms agreed to in the Booking and to pay all applicable thisspace fees, unless there is an exceptional circumstance. If there are any exceptional circumstance the Host is obliged to contact the Guest and thisspace to inform them of any delays or inability to complete the transaction. All Bookings are subject to and bound by the thisspace Cancellation and Refund Policy.
2.4.6 Pricing. The pricing Spaces and Host Services are determined by the Host at his/her own discretion. The price of a space will include any additional charges such as sales tax, value-added tax, tariffs. Hosts will not charge Tenants such amounts additionally and separately. Additionally, Hosts may not raise the rental rate for a particular Guest once a Booking has been confirmed, with the exception of altering the price due to the addition of an Add-On Host Service prior to the event and/or as permitted in the thisspace Cancellation and Refund Policy.
2.4.7 Space Supervision. As a Host, you are solely responsible for (i) preserving and protecting your Space and Amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your Space, (iii) evaluating the appropriateness of potential Tenants, and (iv) supervising and monitoring the Space and Amenities and your Tenant’s use of the Space and Amenities for the Event, to the extent (if any) you as Host determine in your sole judgment.
3. Disputes and Binding Arbitration
3.1 Disputes with other Users
3.1.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
3.1.2 Should you be unable to resolve the dispute between you and another User, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith, based on our policies. However, we will not make judgments regarding legal issues or claims.
3.1.3 Whether you are a Tenant or a Host of a space/service, you must cooperate with us throughout the dispute resolution process. You agree to cooperate with thisspace in good faith, and to provide all information as may be reasonably requested by thisspace relating to the dispute. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favor of the other party.
3.2 Dispute Resolution and Arbitration Agreement
3.2.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
3.2.2 Overview of Dispute Resolution Process. thisspace is committed to participating in a consumer-friendly dispute resolution process. To that end, we provide a two-part process for resolving disputes: (1) an informal negotiation directly with thisspace's customer service team, and (2) a binding arbitration.
3.2.3 Pre-Arbitration Notification. Prior to initiating an arbitration, you and thisspace agree to notify the other party of the dispute and attempt to negotiate an informal agreement first. We will contact you at the email address you have provided to us; you can contact thisspace at firstname.lastname@example.org. If after a good faith effort to negotiate one party feels the dispute cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
3.2.4 Agreement to Arbitrate. You and thisspace agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the thisspace Platform or Services (collectively, “Disputes”) will be settled through binding arbitration and not in a court of law. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and thisspace agree that the arbitrator will decide that issue.
3.2.5 Exceptions to Arbitration Agreement. You and thisspace agree that any claims related to actual or threatened misuse of the other party's intellectual property are exceptions to the Arbitration and Agreement and may be brought before the Federal or state courts located in San Francisco, California.
3.2.6 Attorney's Fees and Costs. You and thisspace agree that the parties will share the costs of arbitration equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorney's fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.
3.2.7 Arbitration Decision. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim but may not modify these Terms or the terms of any Booking Agreement. Judgment on the arbitration award may be entered in any court that has jurisdiction. Arbitration decisions will be deemed final and are not subject to appeal.
3.2.8 Class Action Waiver. Each party agrees that, to the fullest extent permitted by law, any action or claim arising from or related to these Terms or any use of thisspace services may only be brought on an individual basis and not part of any class action or consolidated arbitration. Further, unless you and thisspace both agree otherwise in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding.
3.2.9 Jury Trial Waiver. You and thisspace acknowledge and agree that we are each waiving the right to a jury in arbitration and court, where permitted.
3.2.10 Severability and Survival. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. This Section will survive any termination of these Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb Account.
4. Additional Legal Terms
4.1.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of thisspace Services, your listing or booking of any space or service via thisspace Services, your use of any space or Services, or any other interaction you have with other Members whether in person or online remains with you. Neither thisspace nor any other party involved in creating, producing, or delivering thisspace Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use thisspace Services, (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, or meet with as a result of your use of the thisspace Platform, or (iv) from your listing or booking of a space or service, including the provision or use of a Space’s Host Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not thisspace 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. In no event will thisspace’s aggregate liability arising out of or in connection with these Terms and your use of thisspace Services including, but not limited to, from your listing or booking of any Spaces via thisspace Services, or from the use of or inability to use thisspace Services and in connection with any Services, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via thisspace Services as a Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by thisspace to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between thisspace and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect thisspace’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
4.2.1 To the maximum extent permitted by applicable law, you agree to release, defend (at thisspace’s option), indemnify, and hold thisspace and its affiliates and subsidiaries and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of thisspace Services, (iii) your interaction with any Member or use of a space or other Host service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use, (iv) thisspace’s collection and remittance of taxes, or (v) your breach of any laws, regulations, or third party rights.
4.3.1 In the event that any portion of these Terms is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Terms shall be given full force and effect.
4.4 Changes to These Terms4.4.1 We are constantly updating and improving Our Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Services.
4.4.2 Right to Amend. thisspace reserves the right to modify these terms in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms. We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the thisspace Platform or via a separate email.
4.4.3 The current version of the Terms contains the only terms that apply to our relationship with you. Older versions of the Terms will no longer apply to our relationship and will be completely replaced by the current version.
4.5 Entire Agreement
4.6 Third Party Terms
4.6.1 Some areas of the Platform make use of mapping services provided by Google. Your use of those features are subject to the Google Maps terms of service.