Agreement to these Terms
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 Spacebook, govern your use of www.spacebook.ng (the "Site") and Spacebook online listing platform for event, party, conference, office, church space (each a "Space" and collectively, "Spaces") and related services available via the Site. If you do not agree to be bound by all of these Terms, do not access or utilize 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.
You understand and agree that the Services bring Space Owners and End Users together; however, Spacebook is not a party to any agreements entered into between Space Owners and End Users, nor is Spacebook a real estate broker or agent. As a result, Spacebook has no control over the conduct of End Users or Space Owners. Spacebook has no control over the terms of any proposal generated by the Services or the Site, and the mere fact that Services allow Spacebook Owners to generate proposals with Spacebook name and trademark listed on them shall in no way be interpreted as Spacebook offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such proposal. Spacebook expressly disclaims all liability in this regard.
Changes to Terms
Spacebook, 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.
Eligibility and Account Registration
If you would like to use our Services to view or list a space, you must first register to create an account with Spacebook ("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.
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 Spacebook 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 unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Bookings and Financial Terms
The booking of spaces and the related financial terms are not negotiated or booked through the Service, but are negotiated and booked directly between the Space Owner and End User.
All cancellations of bookings shall be communicated directly between the Space Owner and End User. Spacebook has no role or involvement in the cancellation of bookings. End Users are encouraged to inquire about cancellation policies of Space Owners prior to booking with a Space Owner. Spacebook has no liability to either the Event Owner or End User for any cancelled booking.
YOU EXPRESSLY RELEASE SPACEBOOK FROM ANY AND ALL LIABILITY RELATED TO ALL SPACE OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT SPACEBOOK IS NOT RESPONSIBLE FOR RESOLVING ANY DISPUTES BETWEEN SPACE OWNER’S AND END USERS, WHETHER RELATED TO A BOOKING CANCELLATION, OR OTHERWISE, OR PROCESSING ANY CHANGES TO OR CANCELLATIONS OF BOOKINGS. EVENTUP DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.
Content on the Site
For the purposes of these Terms:
Content means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
Spacebook Content means all Content that Spacebook makes available through the Services, including any Content licensed from a third party, but excluding End User Content and Space Owner Content.
End User Content means all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services.
Site Content means End User Content, Space Owner Content and Spacebook Content.
Space Owner Content means all Content that a Space Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings.
Subject to your compliance with the terms and conditions of these Terms, Spacebook grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Spacebook Content solely for your personal and non-commercial purposes or your internal business purposes. Subject to your compliance with these Terms, Spacebook grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Space Owner Content solely for your personal and internal business purposes.
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 Spacebook 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 End User Content that you provide) or any other attributes associated with your Account.
You agree that you are solely responsible for all your End User Content. You represent and warrant that: (a) you own the End User 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 Spacebook the rights in the End User Content you provide via the Services. You also represent and warrant that your End User 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.
Spacebook respects copyright law and expects you to do the same. Spacebook 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.
What Not to Do
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:
- Post, upload, publish, submit or transmit any Content that:
- infringes, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Services, Spacebook’s name, any Spacebook trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spacebook’s express written consent;
- Access, tamper with, or use nonpublic areas of the Services, Spacebook’s computer systems, or the technical delivery systems of Spacebook’s providers;
- Attempt to probe, scan, or test the vulnerability of any Spacebook system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spacebook or any of Spacebook’s providers or any other third party (including a Space Owner or another End User) to protect the Services or Site Content;
- 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 Spacebook or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Spacebook trademark, logo URL or product name without Spacebook’s express written consent;
- 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;
- 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;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any Space Owner, other End Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from Space Owners or other End Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Spacebook has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Spacebook may involve and cooperate with law enforcement authorities in prosecuting Space Owners or End Users who violate these Terms. You acknowledge that Spacebook 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. Spacebook 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 Spacebook, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Termination and Account Cancellation
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 Spacebook 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 [email protected]. 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.
Spacebook does not endorse any End User's, Space Owners or spaces featured on the Site. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Space Owner’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. Spacebook is not responsible for any damage or harm resulting from your interactions with Space Owners or other 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 Space Owners, other End Users or other third parties will be limited to a claim against such Space 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 Spacebook.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, SPACEBOOK 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. SPACEBOOK MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPACEBOOK 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.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH SPACE OWNERS AND/OR OTHER END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT SPACEBOOK DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY SPACE OWNERS OR OTHER END USERS OF THE SERVICES, NOR DOES SPACEBOOK MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF SPACE OWNERS OR OTHER END USERS OF THE SERVICES. SPACEBOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SPACE OWNERS OR OTHER END USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH SPACE OWNERS AND OTHER 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.
Limitation of Liability
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 SPACES VIA THE SERVICES, REMAINS WITH YOU. NEITHER SPACEBOOK 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 SPACE OWNERS OR OTHER 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 space 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 SPACEBOOK 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 SPACEBOOK’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 SPACE THROUGH THE SERVICES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPACEBOOK AND YOU.
Notwithstanding anything to the contrary herein, if you have given Spacebook notice of a Dispute under the section called “How Disputes Will Be Handled” (below), no change to the “Limitation of Liability” section after Spacebook received your notice will apply to the Dispute.
You agree to indemnify and hold harmless Spacebook 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 End User Content; and (c) your interaction with any Space Owner or End User, as applicable, including, but not limited to, (i) any condition caused by events beyond Spacebook’s control that may cause damage to an Space Owner’s space; 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 space, or an Space Owner’s listing of a space via the Services.
How Disputes Will Be Handled
These Terms and any disputes related to them or to your use of the Services will be governed by the laws of the Nigeria without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
The exclusive jurisdiction and space of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights ("IP Disputes") will be the state and federal courts located in Lagos state, Nigeria and each of the parties hereto waives any objection to jurisdiction and space in such courts.
You and Spacebook 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 the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SPACEBOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
In the event of any dispute, End User and Space Owner shall first attempt, in good faith, to resolve any such dispute by negotiations among the parties.
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.
You agree to comply with all laws or regulations relevant to the Site, the Service or the spaces.
Headings are for reference purposes only and do not limit the scope or extent of such Section. The failure of Spacebook to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spacebook. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Spacebook, as determined by Spacebook in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at [email protected]. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
If you have any questions about these Terms, please contact us at [email protected].