Accounts; Facility Data; Account Security
In connection with registering for, using or participating in the Sites as a Facility Owner, you agree (i) to provide accurate, current and complete information about you and your organization as requested by AceSpace ("Facility 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 Facility Data and any other information you provide to AceSpace, 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.
Transactions Between Players and Facility Owners
AceSpace provides the Sites to allow Facility Owners and Players (“Player” or “Players”) to transact directly with one another. AceSpace may, but has no obligation, to monitor disputes between you and any other Users relating to the Sites. To the maximum extent permitted by applicable law, AceSpace 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 AceSpace from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.
Proprietary Rights in Site Content; Limited License
User Content Posted on the Sites
You may be able to display certain information from your Facility on designated portions of the Site (a "Profile"). Your Profile will display to other Players certain of your Facility Data and other content about you or your company or your organization including court availability and pricing, photos of your Facility and contact information. You agree to provide accurate and current information in your Profile and to promptly update the Profile to keep it accurate and current.
- Use automated scripts to collect information from or otherwise interact with the Sites.
- Impersonate any person(s) or entity(s), or falsely state or otherwise misrepresent you or your affiliation with any person(s) or entity(s).
- 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 Player, 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 any Player.
- 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 a Player's account, Sites or system without authorization from AceSpace, or create a false identity on the Sites;
- Use the Sites in a manner that may create a conflict of interest or undermine the purposes of the Sites, such as trading reviews with other Users or writing or soliciting fake reviews
- Upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of AceSpace, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose AceSpace or its users to any harm or liability of any type.
Additional Representations and Warranties
Third Party Websites and Content
The Site may contain (or you may be sent through the Sites) 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 AceSpace is 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 AceSpace. 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 conditions, including privacy and data gathering practices, of any site to which you navigate to from the Site or relating to any applications you use or install from such sites.
AceSpace 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 Sites, including the accuracy of any Facility descriptions, Facility availability information or Player information. Although AceSpace provides rules for user conduct and postings, we do not control and are not responsible for what users and Players 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. AceSpace is not responsible for the conduct, whether online or offline, of any User, including any Player's non-compliance with any terms, conditions and policies relating to the use of any Facility. The Sites may be temporarily unavailable from time to time for maintenance or other reasons, unexpected and planned. AceSpace 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 Sites. Under no circumstances will AceSpace be responsible for any personal injury or death resulting from the use of the Sites, any User Content or Third Party Content, or any use of Facility’s products or Sites provided by Users. ACESPACE PROVIDES THE SITES, INCLUDING ALL CONTENT THEREIN, TO FACILITY OWNERS AND PLAYERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY FACILITY POLICIES, THE FACILITY OWNERS PROVIDE THEIR FACILITIES TO PLAYERS "AS IS," AND ACESPACE AND ITS SUPPLIERS (AND FACILITY OWNERS WITH RESPECT PLAYERS THAT USE THEIR FACILITIES) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE FACILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACESPACE CANNOT GUARANTEE AND DOES NOT PROMISE TO FACILITY OWNERS AND PLAYERS, AND FACILITY OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO PLAYERS, ANY SPECIFIC RESULTS FROM USE OF THE SITES OR A FACILITY. WITHOUT LIMITING THE FOREGOING, ACESPACE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; ACESPACE AND FACILITY OWNERS DO NOT REPRESENT OR WARRANT THAT THE SITES OR ANY FACILITY RENTAL WILL MEET YOUR REQUIREMENTS; AND ACESPACE DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO FACILITY 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 ACESPACE 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 SITES, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, OR A PLAYER’S USE OF A FACILITY, EVEN IF ACESPACE (OR THE FACILITY 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) ACESPACE'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH FACILITY OWNER'S LIABILITY TO A PLAYER OR ANY PARTY CLAIMING THROUGH SUCH PLAYER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY WITH RESPECT TO FACILITY OWNERS, THE AMOUNT PAID FOR THE APPLICABLE FACILITY, 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. FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO FACILITY OWNERS.
You may terminate your AceSpace account at any time by providing AceSpace with notice of termination sent to:
175 Varick St.
New York, NY 10014
Your access to, use of, or participation in the Sites, including any content therein, may be prevented by AceSpace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, AceSpace will remove your Profile and cease displaying your Profile Content, including your Facility listings if you are a Facility Owner, on or through the Sites.
Governing Law; Arbitration