TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS PLATFORM.
GORILLASPACE is “GS”, “GS.CO”, “WE”, “US”, “OUR”
GORILLASPACE PROVIDES AN ONLINE PLATFORM THAT CONNECTS HOSTS WHO HAVE OFFICE WORKSPACES, MEETING ROOMS, AND EVENT SPACES (COLLECTIVELY, THE “SPACE”) TO RENT WITH GUESTS SEEKING TO RENT SUCH SPACES (COLLECTIVELY, THE “SERVICES”), WHICH SERVICES ARE ACCESSIBLE AT WWW.GORILLASPACE.CO (THE “SITE”) AND AS APPLICATIONS FOR MOBILE, TABLET AND OTHER SMART DEVICES AND APPLICATION PROGRAM INTERFACES (COLLECTIVELY, THE “APPLICATION”).
“Space” means co-working workspace, serviced offices, surplus offices, meeting rooms, and event space.
“GorillaSpace Content” means all Content that GORILLASPACE makes available through the Site, Application, Services, or its related promotional campaigns and office social media channels, including any Content licensed from a third party, but excluding Member Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and other materials.
“Guest” means a Member who requests from a Host a booking of a Listing via the Site, Application or Services.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Space that is listed by a Host as available for rental via the Site, Application and Services.
“Member” means a person who completes GS.CO’s account registration process, including but limited to Hosts and Guests, as described under the “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or GS.CO promotional campaign to be made available through the Site, Application or Services.
“Collective Content” means Member Content and GS.CO Content.
TERMS OF SERVICE
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific are of the Site, Application, Service, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR SPACE AND GUESTS MAY LEARN ABOUT AND BOOK SPACE DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT GORILLASPACE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS GORILLASPACE A REAL ESTATE BROKER, AGENT OR INSURER. GORILLASPACE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SPACE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON GORILLASPACE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GORILLASPACE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GORILLASPACE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON THE BEHALF OF OR FOR THE BENEFIT OF GORILLASPACE. GORILLASPACE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF GORILLASPACE, INCLUDING BY INAPPROPRIATELY USING ANY GORILLASPACE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND ADREE TO BE BOUND BY THE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT. If you accept or 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 to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
GORILLASPACE reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or other otherwise provide you with notice of the modification. We will also update the “Last Updated” date on the top of these terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must cease to use the Site, Application, and Services.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application, and Services can be used to facilitate the listing and booking of Spaces. Such Spaces are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book a Space or create a Listing, you must be first registered to create a GORILLASPACE Account (defined below).
As stated above, GORILLASPACE makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Spaces directly with each other. GORILLASPACE is not an owner or operator of properties, including, but not limited to co-working spaces, serviced offices, meeting rooms, or event spaces and GORILLASPACE does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to co-working spaces, serviced offices, surplus space, meeting rooms, or event spaces. Unless explicitly specified otherwise in the GORILLASPACE platform, GORILLASPACE’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMODATIONS DIRECTLY WITH EACH OTHER. GORILLASPACE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. GORILLASPACE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPACES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book Spaces or create a Listing, you must register to create an account (“GORILLASPACE Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your GorillaSpace Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to GorillaSpace through the Site, Services or Application; or (ii) allowing GorillaSpace to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to GorillaSpace and/or grant GorillaSpace access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GorillaSpace to pay any fees or making GorillaSpace subject to any usage limitations imposed by such third-party service providers. By granting GorillaSpace access to any Third-Party Accounts, you understand that GorillaSpace will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your GorillaSpace Account and GorillaSpace Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your GorillaSpace Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or GorillaSpace’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your GorillaSpace Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. GorillaSpace makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and GorillaSpace is not responsible for any SNS Content.
Your GorillaSpace Account and your GorillaSpace Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active GorillaSpace Account. 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. GorillaSpace reserves the right to suspend or terminate your GorillaSpace Account and your access to the Site, Application and Services if you create more than one (1) GorillaSpace Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GorillaSpace Account, whether or not you have authorized such activities or actions. You will immediately notify GorillaSpace of any unauthorized use of your GorillaSpace Account.
Listings As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Listings must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking.
Other Members will be able to book your Listing via the Site, Application and Services based upon the information provided in your Listing, your requirements, and Users’s search parameters and preferences. You understand and agree that once a User requests a booking of your Listing, you may not request the User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a User’s stay at, a space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of office and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that GorillaSpace assumes no responsibility for a Space Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. GorillaSpace reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GorillaSpace, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or GorillaSpace’s then-current Policies and Community Guidelines or Standards,Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Space Owner, you understand and agree that GorillaSpace does not act as an insurer or as your contracting agent. If a User requests a booking of your Space and stays at your Space, any agreement you enter into with such User is between you and the User and GorillaSpace is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Space, such as requiring Members to have a profile picture or verified phone number, in order to book your Space. Any Member wishing to book Spaces included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
If you are a Host, GorillaSpace makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Space. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the User.
GorillaSpace recommends that Hosts obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users while staying at your Space.
GorillaSpace may offer Hosts the option of having photographers take photographs of their Spaces. If you as a Host choose to have photographer do this, GorillaSpace shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "GorillaSpace.co Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute GorillaSpace Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from GorillaSpace. If your GorillaSpace Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that GorillaSpace retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
No Endorsement GorillaSpace does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Space at the time the photograph was taken. Verified Images are therefore not an endorsement by GorillaSpace of any Member, Listing or Space.
Members are required by these Terms to provide accurate information. Although GorillaSpace may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by GorillaSpace about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a booking request from a Guest, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from GorillaSpace with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against GorillaSpace regarding the remittance of payments received from a User by GorillaSpace on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
- Bookings and Financial Terms
"Space Fees" means the amounts that are due and payable by a User in exchange for that User's stay in a Space. The Host alone, and not GorillaSpace, is responsible for the Space Fees for his or her Listing.
"User Fees" means the fee that GorillaSpace charges a User for the use of the Services, which is calculated as a percentage of the applicable Space Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Host.
"Host Fees" means the fee that GorillaSpace charges a Host for the use of the Services, which is calculated as a percentage of the applicable Space Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective User.
"Payment Method" means a payment method that you have added to your GorillaSpace Account, such as a credit card, debit card or PayPal.
"Service Fees" means collectively the User Fees and the Host Fees.
"Total Fees" means collectively the Space Fees and the User Fees plus any Taxes.Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Space via the Site, Application or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User’s GorillaSpace Account profile page, (iii) if the User and Host have both connected their GorillaSpace accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to GorillaSpace, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by GorillaSpace (via GorillaSpace Payments) for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a User, GorillaSpace will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
GorillaSpace Payments will collect the Total Fees from Users at the time of the booking request or upon the Host's confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host in most cases within 24 hours of the scheduled check-in time of the Guest at the applicable Accommodation (except to the extent that a refund is due to the Guest) and as further described in the Payments Terms.
Each Host agrees that GorillaSpace may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the User to cancel the booking and (ii) refund (via GorillaSpace Payments) to the User that portion of the Space Fees specified in the applicable cancellation policy.Bookings and Financial Terms for Users
The Hosts, not GorillaSpace, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Host for the booking of a Space, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host. You acknowledge and agree that you, and not GorillaSpace, will be responsible for performing the obligations of any such agreements, that GorillaSpace is not a party to such agreements, and that, with the exception of GorillaSpace Payments' obligations pursuant to the Payments Terms, GorillaSpace (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a User before the User sends a booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, GorillaSpace Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by GorillaSpace Payments will be refunded to such User, depending on the selections the User makes via the Site and Application, and any pre-authorization of such User's Payment Method will be released, if applicable.
You as a User agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your GorillaSpace Account. GorillaSpace Payments will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.General Booking and Financial Terms
Cancellations and Refunds
If, as a User, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Space, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Space Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The User Fee is non-refundable regardless of the cancellation policy selected by the Host. GorillaSpace Payments will initiate any refunds due pursuant to the Payments Terms.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) GorillaSpace Payments will refund the Total Fees for such booking to the applicable Guest pursuant to the Payments Terms and (ii) the User will receive an email or other communication from GorillaSpace containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay GorillaSpace the Total Fees relating to the confirmed booking for the Space in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a User, have not received an email or other communication from GorillaSpace, please contact GorillaSpace.
If, as a Host, you cancel a confirmed booking, you agree that GorillaSpace may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, GorillaSpace may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in GorillaSpace’s Extenuating Circumstances policy or for any other reason. GorillaSpace may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the Guest Refund Policy. You agree that GorillaSpace and the relevant Guest or Host will not have any liability for such cancellations or refunds.Rounding Off
GorillaSpace may, in its sole discretion, round up or round down amounts that are payable from or to User or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, GorillaSpace will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, GorillaSpace may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for GorillaSpace to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.Booking Modifications
You as a User or Host are responsible for any modifications to a booking that you direct GorillaSpace Customer Service to make ("Booking Modifications"), and you agree to pay any Space Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
- Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of GorillaSpace and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of GorillaSpace used on or in connection with the Site, Application, Services, and GorillaSpace Content are trademarks or registered trademarks of GorillaSpace in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and GorillaSpace Content are used for identification purposes only and may be the property of their respective owners. As a Host, User, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including GorillaSpace's Trademark & Branding Guidelines (as may be updated from time to time).
- Additional Terms Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to GorillaSpace ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
- Application License Subject to your compliance with these Terms, GorillaSpace grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. GorillaSpace reserves all rights in the Application not expressly granted to you by these Terms.
GorillaSpace Content and Member Content License Subject to your compliance with these Terms and GorillaSpace's Trademark & Branding Guidelines, GorillaSpace grants you a limited, non-exclusive, non-transferable license, to (i) access and view any GorillaSpace Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective 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 GorillaSpace or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through GorillaSpace promotional campaigns, you hereby grant to GorillaSpace a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. GorillaSpace does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through GorillaSpace promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through GorillaSpace promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to GorillaSpace the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GorillaSpace’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or GorillaSpace promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that GorillaSpace is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GorillaSpace of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of GorillaSpace and you hereby irrevocably assign to GorillaSpace and agree to irrevocably assign to GorillaSpace all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At GorillaSpace’s request and expense, you will execute documents and take such further acts as GorillaSpace may reasonably request to assist GorillaSpace to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Copyright Policy GorillaSpace respects copyright law and expects its users to do the same. It is GorillaSpace's policy to terminate in appropriate circumstances the GorillaSpace Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see GorillaSpace's Copyright Policy for further information.
Term and Termination, Suspension and Other Measures This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or GorillaSpace terminate the Agreement as described below.
Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your GorillaSpace Account as a Host, any confirmed bookings will be automatically cancelled and your Users will receive a full refund. If you cancel your GorillaSpace Account as a User, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, GorillaSpace may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.Termination for breach, suspension and other measures
GorillaSpace may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the GorillaSpace Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) GorillaSpace believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, GorillaSpace or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition GorillaSpace may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your GorillaSpace Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your GorillaSpace Account, or temporarily or permanently suspend your GorillaSpace Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Users, or (ii) GorillaSpace believes in good faith that such action is reasonably necessary to protect the safety or property of Members, GorillaSpace or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by GorillaSpace and an opportunity to resolve the issue to GorillaSpace’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your GorillaSpace Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your GorillaSpace Account has been suspended or this Agreement has been terminated by us, you may not register a new GorillaSpace Account or attempt to access and use the Site, Application and Services through other GorillaSpace Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GORILLASPACE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GORILLASPACE 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. GORILLASPACE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GORILLASPACE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, HOSTS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GORILLASPACE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR USERS. YOU UNDERSTAND THAT GORILLASPACE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. GORILLASPACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GORILLASPACE. GORILLASPACE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GORILLASPACE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GORILLASPACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GORILLASPACE 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE GORILLASPACE HOST GUARANTEE, IN NO EVENT WILL GORILLASPACE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST 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 GORILLASPACE 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 GORILLASPACE 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.
- Indemnification You agree to release, defend, indemnify, and hold GorillaSpace 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space, or (iii) creation of a Listing; (d) the use, condition or rental of an Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space; and (e) your participation in the Referral Program.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
- You acknowledge and agree that (i) these Terms are concluded between you and GorillaSpace only, and not Apple, and (ii) GorillaSpace, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GorillaSpace and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GorillaSpace.
- You and GorillaSpace acknowledge that, as between GorillaSpace and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and GorillaSpace acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between GorillaSpace and Apple, GorillaSpace, 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.
- You and GorillaSpace acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- Entire Agreement Except as they may be supplemented by additional GorillaSpace policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between GorillaSpace and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between GorillaSpace and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).
- Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without GorillaSpace’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GorillaSpace may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GorillaSpace (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Controlling Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.
Dispute Resolution If you reside in the United States, you and GorillaSpace 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 Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains 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 GorillaSpace are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and GorillaSpace otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1--800--778--7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and GorillaSpace otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GorillaSpace submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. GorillaSpace will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
- General The failure of GorillaSpace 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 GorillaSpace. 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. If for any reason an arbitrator or 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.
- Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
The Dispute Resolution section shall be removed and is not applicable.
- Contacting GorillaSpace If you have any questions about these Terms or any App Store Sourced Application, please contact GorillaSpace.