Terms & Conditions
Last revised May 1, 2017
THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (DEFINED BELOW), AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE HOSTS.
“Booking” – means a Booking Request from a Member that was confirmed and accepted by a Host.
“Booking Request” – means an individual request by a Member to reserve a Space from a Host.
“Booking Fee” – means the amount that is due and payable by a Guest in exchange for that Guest’s usage of a Space.
“Booking Add-On Fee” – means the amount that is due and payable by a Guest in exchange for usage of additional goods or services in conjunction with their usage of a Space.
“Booking Request Period” – means the time period starting from the date of a Booking Request by a Guest within which a Host may decide whether to confirm or reject that Booking Request, as stated on the Service. Different Booking Request Periods may apply to each Space, Facility or Organization.
“Collective Content” – means Member Content and Spotz Content.
“Content” – means text, graphics, images, music, software (excluding the Service), audio, video, information or other materials.
“Event” – means the usage of a Space by a Guest for activities including but not limited to practices, games, classes, trainings, tournaments and camps.
“Facility” – means a group of Spaces that are in one geographic location or are in one building. For example, a park is a Facility and the soccer fields at that park are Spaces.
“Group” – means a collection of Members as defined by a Host that share attributes such as, but not limited to, access level and applicable discount on Booking Fees.
“Guest” – means a Member who makes a Booking for a Space via the Service and is not the Host for such Space.
“Guest Fees” – means the fee that Spotz charges a Guest for the use of the Service which is calculated as a percentage of the Booking Fees plus the Booking Add-On Fees.
“Spotz Content” – means all Content that Spotz makes available through the Service, including any Content licensed from a third party, but excluding Member Content.
“Host” – means an Organization that owns and operates one or many Facilities that contain one or many Spaces that creates a Listing via the Service
“Host Fees” – means the fees that Spotz charges a Host for the use of the service which may include fees for Listings and Internal Bookings and/or a commission on Total Booking Fees.
“Internal Booking” – means a Booking where the Guest has a relationship with the Host such that the Host does not wish to charge any Booking Fee or Booking Add-On Fees.
“Listing” – means information about a space and/or a Space that is marked by a Host as available at specific dates and times for rental via the Service at an hourly rate.
“Member Content” – means all Content that a Member posts, uploads, publishes, submits, transmits or includes in their Listing or profile pages for their Organization, Facility or Space to be made available through the Service.
“Organization” – means a legal entity that may be involved in either side of a Booking.
“Organization Administrator” – means a Member that has been granted permission to create a Listing for Space or book Space on behalf of an Organization.
“Participant” – means a person who participates in an Event including but not limited to athletes, employees, agents, guests, invitees, officials and spectators.
“Space” – means a single bookable athletic property that is part of a Facility and managed by an Organization.
“Supervisor” – means an adult person who is in charge of an Event on behalf of a Guest.
“Term” – means the span of time that a Space is being used by a Guest for an Event that is authorized by the Host.
“Total Booking Fees” – means collectively the Booking Fees and Booking Add-On Fees.
“Total Fees” – means collectively the Total Booking Fees, Guest Fees and any applicable taxes.
In order to access certain features of the Service you must register to create an account (“Spotz Account”) and become a Member. Features requiring a Spotz Account include but are not limited to (i) Booking Request from a Host for either personal or Organizational use; (ii) Booking from a Host for either personal or Organization use; and (iii) becoming a Host and Listing Space.
In connection with registering for, using or participating in the Service (whether as a Guest or a Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Spotz (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Spotz, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account except in the case of your account being hacked or hijacked by a third party person or entity.
Use of the Service by Hosts is also governed by our Host Terms agreement located at Spotz.io/host (the “Host Terms“). When using the Service as a Host, you are consenting to the terms of the Host Terms as well.
TRANSACTIONS BETWEEN GUESTS AND HOSTS ON THE SERVICE
AGREEMENTS BETWEEN GUESTS AND HOSTS
By completing a Booking for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of the Hourly Booking Agreement located at Spotz.io/hourly (the “Hourly Booking Agreement“), and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, setup, cleanup and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host (the ” House Rules” and, together with the Hourly Booking Agreement, as applicable, the “Space Booking Agreement“).
While Spotz is not a party to the Space Booking Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space Booking Agreement. Consequently, as a Guest, you agree to abide by, and cause your students, athletes, employees, agents, guests, invitees, fans and any other person present at the Space at the time of your Event to abide by, the Space Booking Agreement.
The Hosts, not Spotz, are responsible for honoring any Booking and making available any Spaces reserved through the Service. Guests, and not Spotz, will be responsible for complying with the applicable Space Booking Agreement and performing their obligations under any such agreements. Spotz is not a party to those agreements.
IN CONSIDERATION OF PROVIDING SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Spotz 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, INCLUDING ANY SPACE BOOKING AGREEMENTS THAT YOU ENTER INTO. Spotz DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE Spotz FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE BOOKING AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
Any Bookings that are cancelled by the Guest or Host are subject to the Cancellation Terms and Refund Policy.
CANCELLATION TERMS AND REFUND POLICY
Cancellations of any Space Booking Agreement shall be governed by the terms and conditions of the Hourly Booking Agreement (the “Cancellation Terms and Refund Policy”).
PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
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 in your (“User Profile“) or about Organization, Facility or Space (collectively the “Host Profile“).
Host Profiles will display to other Users. User Profile data will be displayed to Hosts to which you submit a Booking Request. You agree to provide accurate and current information in your Host Profile and to promptly update the Content contained within to keep it accurate and current.
Spotz has no backup or storage obligations regarding User Content. You are responsible at your cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Spotz.
Spotz does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts, and makes no representations or warranties with respect to any User Content.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Spotz used herein are trade names, trademarks or registered trademarks of Spotz LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Service. In connection with your use of the Service you may not and you agree that you will not:
– violate any local, state, provincial, national or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
– use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Service or Collective Content;
– use the Service for any commercial or other purposes that are not expressly permitted by these Terms;
– copy, store or otherwise access or use any information contained on the Service for purposes not expressly permitted by these Terms;
– infringe on the rights of any person or entity, including without limitation, their intellectual property, publicity or contractual rights;
– interfere or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, backdoors or electronic mail address information or similar methods or technology;
– use the Service to distribute, transmit, submit or post any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or any account numbers including bank, debit or credit card;
– harass or “stalk” any User of our Service
– collect or store any personally identifiable information about any other User other than for the purpose of transacting as a Spotz Guest or Host;
– offer, as a Host, any Space that you do not yourself own or have an administrative relationship to, such as an employee or approved agent of the Organization that owns or operates the Space;
– book any Space on behalf of an Organization that you do not own or have an administrative relationship to, such as an employee or approved agent of the Organization;
– offer, as a Host, any Space that may not be booked pursuant to the terms and conditions of an existing agreement with a third party;
– register for more than one Member account with Spotz or registering to be a Spotz Member on behalf of an individual other than yourself;
– contact a Host for any purpose other than asking a question relating to a Booking or Listing;
– contact a Guest for any purpose other than asking a question relating to a Booking;
– solicit or recruit any Host or other Member to join third-party services or websites that are competitive to Spotz, without Spotz’s prior written approval;
– impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
– as a Host, submit any Listing with false or misleading information, or submit any Listing with a Price that you do not intend to honor;
– 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;
– use, display, mirror or frame the Service, or any individual element within the Service, Spotz’s name, any Spotz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without Spotz’s express written consent;
– systematically retrieve data or other content from our Service, directly or indirectly, in a single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the user of bots, crawlers or spiders, or otherwise;
– access, tamper with or use non-public areas of the Service, Spotz’s computer systems or the technical delivery systems of Spotz’s providers;
– attempt to probe, scan or test the vulnerability of any Spotz system or network, or breach any security or authentication measures;
– avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implanted by Spotz or any of Spotz’s providers or any other third party (including another user) to protect the Service or Collective Content;
– attempt to decipher, disassemble, decompile or reverse engineer any of the software used to provide the Service or Collective Content or advocate, assist or encourage any third party in doing any of the foregoing;
– use the Service to find a Host or Guest and make a Booking of a Space independent of the Service, in order to circumvent the obligation to pay Service Fees or for any other reasons. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for payment and service (iii) hold Spotz, our employees and partners from any liability for payment or usage of the Space.
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 Spotz. 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.
Spotz 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 but not limited to the accuracy of any Space descriptions, Space availability information or Guest 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. Spotz is not responsible for the conduct, whether online or offline, of any User, including any Guest’s non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Spotz 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 Spotz 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 Spaces, products or services provided by Users.
Spotz PROVIDES THE WEBSITE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS “AS IS,” AND, EXCEPT AS PROVIDED HEREIN, AND Spotz AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Spotz CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, AND HOSTS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR A SPACE. WITHOUT LIMITING THE FOREGOING, Spotz DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; Spotz DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND Spotz DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL Spotz OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON 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 WEBSITE, OR A GUEST’S USE OF A SPACE. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Spotz BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Spotz’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Spotz FOR THE WEBSITE IN REGARDS TO A SPECIFIC BOOKING THAT IS IN QUESTION. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL BE TREATED INDEPENDENTLY OF EACH OTHER.
Spotz 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 Spotz.
You may terminate your Spotz account at any time by providing Spotz 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 Spotz at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Spotz will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host, on or through the Service. If you are a Guest and have a scheduled Booking you will not receive a refund based on the termination of your account.
You agree to release, defend, indemnify and hold Spotz and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any loss, liability, claim, demand, damages, bodily injury, property damage, invasion of privacy, advertising injury, intellectual property infringement, breach of contract, costs and expenses, including reasonable accounting or attorney fees, arising out of or in connection with (i) your access to or use of the Service or your violation of these Terms; (ii) your Member Content; (iii) your (a) interaction with any Member, (b) Booking of a Space or (c) creation of a Listing.