PingPod Terms of Service
Please read these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement between you and PingPod Inc. and its affiliates and subsidiaries (“PingPod”, “we,” “our” or “us”).You agree to comply with and be bound by these Terms of Service by accessing or using the PingPod website located at http://www.pingpod.com (the “Site” and/or our mobile application the “Application” and, together with the Site, the “PingPod Platform”).
These Terms shall also govern your access to and use of the PingPod Spaces (as defined below) the PingPod Coaches (as defined below), and for Events that you may host within the PingPod Spaces. The PingPod Platform, the PingPod Spaces and the PingPod Coaches shall be referred to herein as the “Services”. PingPod reserves the right to change or modify these Terms at any time and without prior notice to you. Any changes or modifications to these Terms will be effective upon posting of the changes or modification to the Site. Your continued use of the Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. You are responsible for regularly reviewing the most current Terms.
1. Eligibility and Use of the Services
Your use of the Services is for your sole, personal use and not for commercial purposes and you agree to comply with all applicable laws of the country, state, and city in which you are present while accessing or using any of the Services. You represent that you are at least 18 years of age and suffer from no legal incapacity to enter into contracts.
“Guests” shall mean any persons who you invite or allow to use PingPod Spaces or interact with PingPod Coaches, whether or not those persons have registered for an account with PingPod.
“PingPod Space(s)” 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. In addition to these Terms, you agree to be bound by and comply with any additional terms, conditions, and policies that may be provided or posted by the owner, tenant, and property manager of the PingPod Spaces relating to the use of a specific PingPod Space(s), including compliance with building security procedures, IT access, and use procedures provided by any property managers.
“PingPod Coach(es)” shall mean the persons who offer Ping Pong coaching services to you or your Guests through the PingPod Platform. PingPod does not represent that PingPod Coaches will meet your needs and makes no representations as to results from coaching.
2. Account Registration; Access.
To access or use any of the Services, you first need to create an account with PingPod, which you can do through the Application located at https://app.pingpod.com (an “Account”). You are responsible for ensuring that Guests who you have invited to access any of the Services also register for an Account. (For example, when you make a reservation, you are given the opportunity to invite a Guest to join you and it is your responsibility to ensure that person creates an Account with us.)
You agree not to allow entry to a PingPod Space or use of the Services to any person who has not registered for an Account with us.
You may not authorize others to use your PingPod Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs on or through your Account.
You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services.
PingPod reserves the right to suspend or terminate your Account and/or to refuse any and all current or future use of the Services for any reason, if you or your Guests violate these Terms in any respect or provide information that is untrue, inaccurate, not current or incomplete, or if PingPod has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You may not use our Services for any illegal purpose or in any manner inconsistent with these Terms.
3. PingPod House Rules for Use of the Services
By accessing or using any of the any of the Ping Pod Spaces you agree that:
Guests must be registered: You are responsible for any Guests you invite to use the PingPod Spaces. You are accountable for their conduct and behavior while they are on the premises, and you must ensure that they comply with our rules and regulations. If any damage or violation occurs, you will be held liable for the consequences. It is your responsibility to inform your Guests of our policies and ensure that they abide by them. You will not allow anyone to enter the PingPod Spaces without registering for a PingPod Account. You will not allow your Guests to use the Services without your physical attendance at all times. We thank you for your cooperation in maintaining a safe and welcoming environment for all of our customers.
Registering for Events for large groups: If you have more than eight (8) people total in your group pertaining to a single reservation, you must register for an “Event” at a PingPod Space and you will need to complete your booking through the Events Department at PingPod via email at [email protected]. In order to host an Event you shall be required to enter into a separate contract with us. Additionally, these Terms of Service shall continue to apply to your use of any PingPod Space for an Event.
You and your Guests shall not:
Use the Services for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to engaging in the activity of ping pong or which is reasonably likely to reflect negatively on us.
Smoke or vape in the PingPod Spaces or allow any candles, incense sticks, or naked flames in the PingPod Spaces or cause any smoke, vapor, fire, or fumes.
Make excessive noise in the PingPod Spaces, nor create any noise, music or loud sounds, nor conduct any other activity which would in PingPod’s judgment disturb other PingPod clients, guests, or other tenants in any building containing a PingPod Space.
Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in the PingPod Spaces.
Allow any PingPod Space to be used by persons under the age of 18 (“minors”) unless accompanied by at least one adult supervisor over the age of 18. You must provide at least one adult supervisor for every four minors.
Charge any fee to any person in connection with the use of a PingPod Space whether for private lessons or otherwise without PingPod’s express written consent.
You and your Guests shall:
Treat all other users of PingPod Spaces (or occupants of any building in which a PingPod Space is located) and PingPod Coaches in a courteous, respectful, and appropriate manner at all times.
Wear clothing appropriate to the PingPod Space while using the PingPod Space, including wearing shirts, pants (or shorts) or a dress or skirt, and footwear of an appropriate nature and not containing any inappropriate or obscene logo or design. No clothing may be changed except in a private bathroom area.
Follow all additional rules, regulations, and by-laws regarding the PingPod Spaces, as may be communicated through by us, the PingPod Coaches, or posted signs, or otherwise.
Leave the PingPod Spaces undamaged and in a clean and tidy condition. You and your Guests may be held liable for any costs to repair any damage to the PingPod Spaces and items therein beyond normal wear and tear during your use of the PingPod Space.
Provide us, the PingPod Coaches, and/or the Property Mangers with whatever proof of identity we/they may reasonably request for entry and occupancy of the PingPod Spaces.
Personal property: We are not responsible for any property you and your Guests may leave behind in a PingPod Space. It is your responsibility to ensure that you have taken all of your personal belongings when leaving a PingPod Space.
Reporting misconduct: If you believe that any person associated with PingPod, 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.
4. Consent to and Acknowledgement of Video Surveillance and Video Recordings
Video Surveillance: For your safety and security and the safety and security our staff and customers, we have installed video surveillance systems in our PingPod Spaces, which are monitored continuously by a third-party security company. These cameras are constantly monitoring the space and are being used to deter potential criminal activity, ensure your safety and the safety of our customers and staff, and to protect our business assets. By using our PingPod Spaces, you consent to being recorded by these video surveillance systems. Please note that we only use this information for security and safety purposes, and we do not share this data with any third party unless required by law, except our third-party surveillance company.
Video Replay Technology: Our Service makes use of video replay technology, which allows us and you to record your activities in the PingPod Spaces (for example, you may order a video replay of a specific shot). By using our Services within the PingPod Spaces, you consent to the use of our video replay technology and acknowledge that you, your Guests, and others may be recorded on video. You also consent to the display of your name, image, and likeness in any such recordings. We may use the recorded data for any lawful purpose, including but not limited to, research, development, analysis, marketing, and social media. We may also share the recorded data with third-party service providers who assist us in improving our service. We may retain the recorded data for as long as reasonably necessary to achieve the purposes for which it was collected, or as required by law. We may delete or anonymize the recorded data when it is no longer needed.
5. Limited License to Use the PingPod Spaces
You acknowledge that your use of the PingPod Spaces does not constitute a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to these Terms. 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 these Terms, or for any other lawful reason in the sole discretion of PingPod.
6. Damages, Repair or Cleaning Fees; Infractions
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.
Additionally, we reserve the right to charge you for certain infractions and violations of our policies as outlined in our Infractions Policy, which may be accessed here https://pingpod.com/infractions-policy/.
7. Payment Terms; Authorization Hold
Any fees which PingPod may charge you for the use of the Services will be as set out on the Site or the Application at the time of purchase, are inclusive of any taxes payable, and are non-refundable except as specifically noted with respect to your reservation or payment. PingPod may change the fees for the PingPod Platform, PingPod Spaces, or other services at our sole discretion.
When you make a reservation on our website, we may place an authorization hold on your credit or debit card to ensure that funds are available for payment. The hold amount will be equal to the total reservation amount, including any applicable taxes and fees. Please note that the authorization hold is not a charge, and the funds will not be debited from your account at the time of reservation. The hold is simply a temporary hold on your funds to ensure that they are available for payment when your reservation is confirmed. The length of time that the authorization hold remains on your account may vary depending on your financial institution. Typically, holds are released within a few days of the reservation, but some financial institutions may take longer. Payment for your reservation will be processed once the reservation is confirmed. If the reservation is not confirmed, the authorization hold will be released and the funds will be returned to your account. If you cancel your reservation within the allowed time period, the authorization hold will be released and the funds will be returned to your account.
You agree that you shall be charged fees based on the length of time of your booking of the PingPod Spaces. If you exceed the amount of time for which you booked a PingPod Space or PingPod Coach, then you shall be charged for such excess time. You do hereby consent to such excess time charges and to such overage charge.
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 Account. 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.
8. 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 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.
9. 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, sub-licensable 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 PingPod 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.
10. 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.
11. 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 Services or any component thereof; (ii) modify or make derivative works based upon the PingPod Platform; (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 PingPod Platform or (c) copy any ideas, features, functions, or graphics of the PingPod Platform or any component thereof 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 Platform or any of the Services .
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.
12. 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 .
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 Services, such as room access codes and other important information.
13. 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, PingPod Spaces, or PingPod Coaches. 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, found in PingPod Spaces, or obtained through PingPod Coaches, 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 Services 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. 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 and their respective officers, directors, agents, subsidiaries, joint ventures, employees, landlords, 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 your our your Guests’: (1) improper use of or access to the Service; (2) violation of any provision contained in these Terms; (3) violation of any law or the rights of any other third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that any content you or your Guests caused damage to any of the PingPod Spaces. This indemnification obligation will survive the termination of these Terms and your use of the PingPod Platform.
WE PROVIDE OUR SERVICE AND ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN 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 SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE 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 SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM, IF ANY, USED FOR THE PINGPOD SPACES IS PROVIDED BY A THIRD PARTY, AND THAT PINGPOD 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 MAKES 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.
WE DO 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.
16. Limitation of Liability
PINGPOD AND ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND LANDLORDS, 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 AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES 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 IF 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 PINGPODF 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.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT PINGPOD’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.
Your use of the Services 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.
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].
18. 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 submit 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 under these Terms or related in any way to PingPod and the Services, you agree to have such dispute determined by arbitration before a single arbitrator appointed by the American Arbitration Association. The location of any such arbitration proceeding shall be New York County, New York. NEITHER YOU NOR US WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. 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 18 BE DEEMED INVALID OR UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION SECTION 18 (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.
You agree that PingPod, in its sole discretion and for any or no reason, may terminate your Account and remove and discard all or any part of your account or any of your User Content. PingPod may also in its sole discretion and at any time discontinue providing access to the Services or any part thereof, with or without notice. You agree that any termination of your Account 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 Services or by requesting PingPod to cancel your Account via email sent to [email protected].
No joint venture, partnership, employment, or agency relationship exists between you and PingPod as a result of these Terms or use of the Services. 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 substantially all of our 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 supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
21. Disclaimer and Assumption of Risk
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 PingPod 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 your activities in PingPod Spaces or 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 your activities in the PingPod Spaces concerning COVID-19.