Please read these Terms of Service. You agree to comply with and be bound by these Terms of Service by accessing or using the PINGPOD Platform as defined below.
The term “you” as used herein shall mean any person accessing or using the PINGPOD Platform as defined below. These Terms of Service (“Terms”) constitute a legally binding agreement between you and PINGPOD Inc. (“PINGPOD”, “we,” “our” or “us”). These Terms govern your access to and use of the PINGPOD Spaces (as defined below), the PINGPOD website and any other internet-based or social media site through which PINGPOD makes the PINGPOD Spaces or PINGPOD related information available (collectively, the “Site”), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, the “Application”) and all related services. (The Site, the Application and/or all related services are sometimes referred to herein collectively as the “PINGPOD Platform”).
1. Eligibility and Using the PINGPOD Platform
Your participation in using the PINGPOD Platform or the PINGPOD Spaces is for your sole, personal use and not for commercial purposes. By using the PINGPOD Platform you represent to PINGPOD that you are at least 18 years of age and suffer from no legal incapacity to enter into contracts. You may not authorize others to use your PINGPOD username and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the PINGPOD Platform or PINGPOD Spaces, you agree to comply with all applicable laws of the country, state and city in which you are present while using the PINGPOD Platform and/or the location of any PINGPOD Spaces used in connection with your PINGPOD Account (as defined below).
PINGPOD Spaces will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. PINGPOD is not responsible for any errors, omissions or damages caused or made by the Payment Processor.
PINGPOD Space(s) as used herein shall mean any physical location, pod, area or venue to which PINGPOD gives you access for the purpose of engaging in the activity of playing ping pong a/k/a table tennis. By using the PINGPOD Platform, you agree to be bound by and comply with any additional terms, conditions and policies provided by the owner (“Building Owner”), tenant, and property manager of the PINGPOD Spaces (collectively, the “Property Managers“) relating to the use of a specific PINGPOD Space(s), including compliance with building security procedures, IT access and use procedures provided by the Property Managers (the “Manager’s Policies“). The Manager’s Policies may be provided in electronic format through the PINGPOD Platform or in hardcopy or other format at the PINGPOD Spaces.
2. Account Registration
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the PINGPOD Platform and PINGPOD Spaces. Without limiting the foregoing, for any reservation made or use of any PINGPOD Spaces through your Account, you hereby agree to be fully responsible and to indemnify PINGPOD for any damages or violation of these Terms or applicable laws, rules or regulations, whether such damage or violation was caused by you or by other persons using the PINGPOD Platform or PINGPOD Spaces in connection with or through your Account (“Your Guests”).
3. PINGPOD House Rules
By using the PINGPOD Platform, you agree that
If you feel that any person associated with PINGPOD or any person in a PINGPOD Space that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PINGPOD with your police station and report number (if applicable), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability.
You further acknowledge that your use of the PINGPOD Spaces does not constitute PINGPOD or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to the terms of this Agreement. In its sole discretion and without limiting any of PINGPOD’s other rights hereunder, PINGPOD may restrict, suspend or terminate your access to the PINGPOD Spaces in the event of fraud, trespassing, or violation of this Agreement, or for any other lawful reason in the sole discretion of PINGPOD.
4. Damages, Repair or Cleaning Fees
As a user of a PINGPOD Space, you are responsible for leaving the PINGPOD Space (including any property in the PINGPOD Space) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of Your Guests or other persons to whom you provide access to the PINGPOD Space. You are responsible for the cost of repair for damage to, or necessary cleaning of, PINGPOD Spaces resulting from your violation of these Terms or your use of the PINGPOD Platform or PINGPOD Spaces in excess of normal “wear and tear.” If PINGPOD, in its reasonable discretion, determines that excessive repair or cleaning is required, PINGPOD reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 US Dollars per occurrence and you agree to be responsible for payment of same. Any such amounts are non-refundable and at the reasonable discretion of PINGPOD.
5. Payment Terms
Any fees which PINGPOD may charge you for the use of the PINGPOD Platform or PINGPOD Spaces, will be as set out on the PINGPOD Platform at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, PINGPOD’s decision to terminate your usage, disruption caused to our PINGPOD Platform or PINGPOD Spaces either planned, accidental or intentional, or any reason whatsoever. PINGPOD reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the PINGPOD Spaces (regardless if you only make use of the PINGPOD Spaces for less than your booked time for any reason). If you exceed the amount of time for which you booked a PINGPOD Space, then you shall be charged for such excess time, as well as an overage charge not to exceed two times the amount charged for the subject booking if such excess time conflicts with another user’s booked time. You do hereby consent to such excess time charges and to such overage charge.
PINGPOD may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. PINGPOD may change the fees for the PINGPOD Platform PINGPOD Spaces or other services at our sole discretion.
If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights to access the PINGPOD Platform. If a payment is declined, refunded, cancelled or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation or charge back. PINGPOD reserves the right, at its sole discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the PINGPOD Platform via your mobile phone (through the Application, for example), please be aware that your carrier’s normal rates will still apply.
6. License, Restrictions and Copyright Policy
Subject to your compliance with these Terms, PINGPOD grants you a limited, non-exclusive, non-transferable and revocable license to use the PINGPOD Platform. Should you choose to download content from the PINGPOD Platform, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and remains at all times the property of PINGPOD.
You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the PINGPOD Platform or any component thereof, PINGPOD Spaces, or any content therein, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise with respect to any intellectual property rights owned or controlled by PINGPOD or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by PINGPOD.
7. User Content
PINGPOD may, in its sole discretion, permit users of the PINGPOD Platform to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the PINGPOD Platform, including documents, text, graphics, video, messages, forum postings, profile information, comments, questions, or other materials (“User Content”). By making available any User Content on or through the PINGPOD Platform, or PINGPOD Space, you hereby grant to PINGPOD a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sublicenseable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the PINGPOD Platform or PINGPOD Spaces. In connection herewith, you hereby renounce and waive in favor of PINGPOD any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the PINGPOD Platform or PINGPOD Spaces. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the PINGOD Platform or PINGPOD Spaces or you have all rights, licenses, consents and releases that are necessary to grant to PINGPOD the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PINGPOD’s use of the User Content (or any portion thereof) will infringe, 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, or result in the violation of any applicable law or regulation.
8. Intellectual Property
All intellectual property rights in and to the PINGPOD Platform and any component thereof, and the PINGPOD Spaces, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of PINGPOD or are licensed to PINGPOD. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the PINGPOD Platform and any component thereof. Any use of materials on the PINGPOD Platform other than as permitted in these Terms including reproduction, modification, distribution, or republication, without prior written permission of PINGPOD is absolutely prohibited. “PINGPOD”, the PINGPOD logo and other trade and/or service marks are the exclusive property of PINGPOD and may not be used for any of the aforementioned purposes. PINGPOD may protect the PINGPOD Platform by technological means intended to prevent unauthorized use of the PINGPOD Platform. You undertake not to circumvent these means. Infringement of the rights in and to the PINGPOD Platform will, in addition to any other right or remedy available to PINGPOD, in and of itself, result in the termination of all your rights under these Terms.
9. Additional Restrictions on Use
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the PINGPOD Platform or any component thereof or the PINGPOD Spaces in any way; (ii) modify or make derivative works based upon the PINGPOD Platform or PINGPOD Spaces; (iii) create Internet “links” to, or “frame” or “mirror” the PINGPOD Platform or any component thereof on any other server or wireless or Internet-based device; (iv) reverse engineer the PINGPOD Platform or any component thereof, or access the PINGPOD Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site, PINGPOD Spaces or Application, or (c) copy any ideas, features, functions or graphics of the PINGPOD Platform or any component thereof or the PINGPOD Spaces, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the PINGPOD Spaces, the PINGOD Platform or any component thereof.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the PINGPOD Platform or PINGPOD Spaces or the data contained therein; or (v) attempt to gain unauthorized access to the PINGPOD Platform or PINGPOD Spaces or its related systems or networks.
PINGPOD will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PINGPOD may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PINGPOD has no obligation to monitor your access to or use of the PINGPOD Platform, PINGPOD Spaces or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the PINGPOD Platform or PINGPOD Spaces, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PINGPOD reserves the right, at any time and without prior notice, to remove or disable access to any User Content that PINGPOD, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the PINGPOD Platform or PINGPOD Spaces.
10. SMS Messaging
Subject to obtaining your consent, PINGPOD may send you SMS messages in relation to your bookings and use of PINGPOD Spaces and for promotional purposes. Message and data rates may apply.
If you change your mobile phone service provider, you might have to re-enroll with PINGPOD in order to receive future SMS messages. PINGPOD reserves the right to stop sending SMS messages at any time; you may opt-out at any time by replying from your mobile phone to any text from PINGPOD with the word STOP, which opt-out will become effective within seven (7) days. It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the PINGPOD service, such as room access codes and other important information.
11. Third Party Services
During use of the PINGPOD Platform and PINGPOD Spaces, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the PINGPOD Platform or PINGPOD Spaces. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. PINGPOD and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. PINGPOD does not endorse any sites on the Internet that are linked through the PINGPOD Platform or PINGPOD Spaces and in no event shall PINGPOD or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. PINGPOD provides the PINGPOD Platform and PINGPOD Spaces to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and PINGPOD disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
PINGPOD may rely on third party advertising and marketing supplied through the PINGPOD Platform or PINGPOD Spaces and other mechanisms to subsidize the PINGPOD Platform or PINGPOD Spaces. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. PINGPOD reserves the right to charge you a higher fee for the PINGPOD platform or PINGPOD Spaces as the case may be, should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on PINGPOD’s website located at http://PINGPOD.com. PINGPOD may compile, release and disclose non-identifiable information regarding you and your use of the PINGPOD Platform or PINGPOD Spaces as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the PINGPOD Platform or PINGPOD Spaces.
You agree to release, defend, indemnify and hold harmless PINGPOD, applicable Building Owners, and their respective officers, directors, agents, subsidiaries, joint ventures, employees, tenants and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (1) your improper use of or access to the PINGPOD Platform; (2) your violation of any provision contained in these Terms; (3) your violation of any law or the rights of a third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that any content you submitted caused damage to a third party. You agree to notify PINGPOD and in writing of such claim. This indemnification obligation will survive the termination of these Terms and your use of the PINGPOD Platform.
PINGPOD PROVIDES THE PINGPOD SPACES, THE PINGPOD PLATFORM AND ITS CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINGPOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PINGPOD PLATFORM, INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE PINGPOD SPACES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PINGPOD PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PINGPOD PLATFORM AND PINGPOD SPACES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM, IF ANY, USED ON THE PINGPOD SPACES IS PROVIDED BY A THIRD PARTY, AND PINGPOD AND BUILDING OWNERS SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE PINGPOD SPACES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY PINGPOD, AND PINGPOD MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, PINGPOD AND BUILDING OWNERS MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY PINGPOD SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE PINGPOD SPACES, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
PINGPOD AND BUILDING OWNERS MAKE NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE PINGPOD SPACES, INCLUDING WITH REGARD TO ACCESS THERETO.
PINGPOD DOES NOT WARRANT THAT THE PINGPOD PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE PINGPOD PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, ORIGINATING EITHER FROM PINGPOD OR ITS PROVIDERS. NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS, SATELLITE OR NETWORK FAILURES, UNAUTHORIZED ACCESS OR THEFT, ACTS OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.
14. Limitation of Liability
PINGPOD ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND BUILDING OWNERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE PINGPOD PLATFORM. IN NO EVENT SHALL PINGPOD’S, ITS LICENSORS’ OR ANY BUILDING OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A PINGPOD SPACE, THE PINGPOD PLATOFRM EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PINGPOD IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY US DOLLARS WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE PINGPOD PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA AND/OR USE OF THE PINGPOD PLATFORM. IN ADDITION, PINGPOD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITE OR THE PINGPOD PLATFORM IS ACCURATE, COMPLETE OR UP TO DATE.
Your use of the PINGPOD platform and PINGPOD Spaces may be subject to various local, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some jurisdictions may not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PINGPOD SPACES OFFERED VIA THE PINGPOD PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. PINGPOD WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH PINGPOD SPACES, THEIR BUILDING OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE PINGPOD AND BUILDING OWNERS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PINGPOD PLATFORM OR PINGPOD SPACES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PINGPOD PLATFORM OR PINGPOD SPACES.
THE QUALITY AND SAFETY OF THE BUILDINGS IN WHICH THE PINGPOD SPACES ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE BUILDING OWNERS. YOU UNDERSTAND THAT BY USING THE PINGPOD PLATFORM AND THE PINGPOD SPACES, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE PINGPOD PLATFORM AND THE PINGPOD SPACES AT YOUR OWN SOLE RISK.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT PINGPOD’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY PINGPOD’S GROSS NEGLIGENCE, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
15. Rating System
You may be required to rate certain aspects of your overall experience of the PINGPOD Spaces, which rating will be prompted through the PINGPOD Platform. If you do not participate in such rating when requested, PINGPOD reserves the right (without limiting any of PINGPOD’s other rights hereunder) to restrict your access to the PINGPOD Spaces. Additionally, if PINGPOD, or if other users, rate your usage of the PINGPOD Spaces as being below a threshold acceptable to PINGPOD, then we may in our sole discretion, and without limiting any of PINGPOD’s other rights hereunder, restrict your access to the PINGPOD Spaces.
PINGPOD may send you notices by means of email to your email address on record in PINGPOD’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in PINGPOD’s account information. You may give notice, and address any complaint or claim to PINGPOD (such notice, complaint or claim shall be deemed given when received by PINGPOD) at any time by means of email to [email protected]
17. Applicable Law; Jurisdiction and Disputes
These Terms are governed by and construed in accordance with the laws of New York State and the laws of the United States applicable therein, without regard to the conflicts of laws provisions thereof. The parties attorn to the jurisdiction of the courts of New York County, New York and agree that such courts shall have exclusive jurisdiction over any dispute arising hereunder or relating to PINGPOD. In the event of any dispute or claim arising hereunder or relating to PINGPOD, either you or us may elect to have such dispute determined by arbitration before a single arbitrator appointed by the American Arbitration Association OR JAMS. The location of any such arbitration proceeding shall be New York County, New York. IF ARBITRATION IS CHOSEN BY YOU OR US WITH RESPECT TO A CLAIM OR DISPUTE ARISING HEREUNDER, NEITHER YOU NOR US WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION OR JAMS, AS APPLICABLE. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND WITHOUT WAIVING EITHER PARTY’S RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 17 BE DEEMED INVALID OR UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION SECTION 17 (OTHER THAN THIS SENTENCE) SHALL NOT APPLY
You agree that PINGPOD, in its sole discretion and for any or no reason, may terminate any member or customer Account (or any part thereof) you may have with PINGPOD or your use of PINGPOD Space, and remove and discard all or any part of your account or any of your User Content, at any time. PINGPOD may also in its sole discretion and at any time discontinue providing access to the PINGPOD Platform and PINGPOD Spaces, or any part thereof, with or without notice. You agree that any termination of your access to the PINGPOD Platform or PINGPOD Spaces, or t any Account you may have or portion thereof may be effected without prior notice, and you agree that PINGPOD shall not be liable to you for such action. These remedies are in addition to any other remedies PINGPOD may have at law or in equity.
You may terminate your Account at any time by deleting the Application from your device, ceasing all use of the PINGPOD Platform and PINGPOD Spaces and requesting PINGPOD to cancel your Account via email sent to [email protected]
No joint venture, partnership, employment, or agency relationship exists between you, PINGPOD or any third-party provider as a result of these Terms or use of the PINGPOD Platform or PINGPOD Spaces. These Terms may not be assigned by you (whether in whole or in part) without the prior written approval of PINGPOD. These Terms may be assigned without your consent (in whole or in part) by PINGPOD, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of PINGPOD to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PINGPOD in writing. These Terms comprise the entire agreement between you and PINGPOD and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
20. Disclaimer and Assumption of Risk
You declare that you have voluntarily chosen to use the PINGPOD Platform and PINGPOD Spaces. In doing so, you understand, acknowledge and agree that, despite PINGPOD’s effort to provide a safe environment, the use of PINGPOD Spaces during the COVID-19 pandemic exposes you to risks that may impact your physical and psychological health (and that of your family and those that come into contact with you). Specifically, the risks include contracting the virus causing COVID-19 which may cause serious bodily injury, including death, and cause, directly or indirectly, property damage and/or economic losses.
You acknowledge to follow and respect all preventive measures promulgated by government authorities and PINGPOD (“Measures”) to prevent the spread of COVID-19 and to inform PINGPOD immediately if you become aware that any person carrying the virus frequented the premises or that any of the Measures were breached.
You acknowledge that PINGPOD does not make any representations or warranties to the effect that the PINGPOS Spaces are exempt from the virus causing COVID-19 or that no person infected by the virus causing COVID-19 has recently frequented the PINGPOD Spaces. Therefore, subject to applicable laws, you hereby release, waive and renounce in favor of PINGPOD, its officers, directors, managers, members, shareholders, employees and agents (collectively, “PINGPOD Parties”) any and all liabilities, damages, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs or reasonable expenses of any and all investigations, proceedings, judgments and settlements (collectively, the “Losses”) sustained or incurred by you, directly or indirectly, relating to the virus causing COVID-19 (the “Released Claims”) and hereby grant to the PINGPOD Parties a complete, total and final release and discharge with respect to the Released Claims heretofore or hereafter arising. You agree that, to the extent permitted under applicable laws, PINGPOD shall have no liability whatsoever towards you or any of Your Guests, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary or punitive damages or for any other damages, lost profits or revenues, arising out of or relating to COVID-19.
You undertake to take responsibility and to defend and hold harmless the PINGPOD Parties from and against any and all Losses, resulting from, arising out of or otherwise by virtue of (i) your failure to comply with any of the Measures or (ii) your actions in contravention of these Terms.