Terms of Use

The following terms and conditions ("Terms of Use") govern the use of the website(s), mobile applications and other software (the "Sites") and related Sites made available by AceSpace, LLC ("us, "we," or "AceSpace"). By accessing, using or participating in the Sites, you the user and account holder ("you" or the "User") agree to be bound by these Terms of Use. AceSpace reserve the right to modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. Any revisions to this Terms of Use will become effective the first time you access or use the Sites after such changes. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Sites.

Accounts; Facility Data; Account Security

In order to rent or otherwise make available your “Facility” to another User through the Sites, you must register for a "Facility Owner" account. In these Terms of Use, Users with Facility Owner accounts will be referred to as "Facility Owners."

In connection with registering for, using or participating in the Sites as a Facility Owner, you agree (i) to provide accurate, current and complete information about you and your organization as requested by AceSpace ("Facility Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Facility Data and any other information you provide to AceSpace, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

Transactions Between Players and Facility Owners

AceSpace provides the Sites to allow Facility Owners and Players (“Player” or “Players”) to transact directly with one another. AceSpace may, but has no obligation, to monitor disputes between you and any other Users relating to the Sites. To the maximum extent permitted by applicable law, AceSpace is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release AceSpace from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.

Payment

You agree to any fees, charges and other pricing terms applicable to your use of the Sites as specified in these Terms of Use and as otherwise communicated to you through the Sites. All fees and charges paid by Facilities in connection with the selling of service are non-refundable, except as expressly stated in these Terms of Use. If you believe that a fee has been incorrectly charged and would like to dispute it, contact info@acespacecourts.com. AceSpace Sites use Stripe (www.stripe.com) as a payment processor. To receive payments through AceSpace Sites, you must have an active account with Stripe. By registering an account with Stripe you enter into an agreement with Stripe and accept the terms and conditions of that agreement. AceSpace does in no way control the fees or terms and conditions imposed on you by Stripe. AceSpace may change the fees and charges for the AceSpace Sites at any time in its sole discretion. Any confirmed booking with a price greater than $0.00 is debited in full from the Player at the time that your cancellation policy expires. Any bookings that are cancelled by Players before the cancellation policy set by the Facility are not subject to charge. Any bookings that are cancelled by a staff of your Facility before the cancellation policy time will not be debited from the player. Any bookings that are cancelled by a staff of your Facility after the cancellation policy time can be refunded at your own discretion. Such refunds are entirely managed by you via your account with Stripe. AceSpace can not refund a processed payment from a Player to a Facility.

Privacy

Your use of the Sites is also governed by the AceSpace Privacy Policy. By using the Sites, you are agreeing to the terms of the Privacy Policy.

Proprietary Rights in Site Content; Limited License

All content on the Site and otherwise available through the Sites, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of AceSpace, its users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Authorized Users may access and use the Sites and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for the User's personal, non-commercial use, provided that the User maintains all copyright or other proprietary notices on all copies of such Site Content. Except for your own User Content, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Sites and the Site Content granted herein. All rights of AceSpace or its licensors that are not expressly granted in these Terms of Use are reserved to AceSpace and its licensors.

User Content Posted on the Sites

You may be able to display certain information from your Facility on designated portions of the Site (a "Profile"). Your Profile will display to other Players certain of your Facility Data and other content about you or your company or your organization including court availability and pricing, photos of your Facility and contact information. You agree to provide accurate and current information in your Profile and to promptly update the Profile to keep it accurate and current.

You are solely responsible for the content on your Profile, messages, notes, text, information, listings, and any other content that you upload, publish, display or otherwise provide to AceSpace for display on or through the Sites, or transmit to or share with other Players (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to share or post. You understand and agree that AceSpace may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that AceSpace believes violates these Terms of Use. AceSpace has multiple backup and User Content loss prevention measures in place to avoid loss to an extent, but provide no guarantee or obligations to be able to recover any lost User Content, regardless of reason for loss. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to AceSpace.

AceSpace does not verify the accuracy or authenticity of any User Content, including any Facility descriptions or availability of courts and makes no representations or warranties with respect to any User Content. When you post User Content to the Site, you grant to AceSpace an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.

User Conduct

You agree not to do any of the following in connection with your use of the Sites and to otherwise use the Sites in compliance with these Terms of Use.

• Use automated scripts to collect information from or otherwise interact with the Sites.
• Impersonate any person(s) or entity(s), or falsely state or otherwise misrepresent you or your affiliation with any person(s) or entity(s).
• Upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation.
• Upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any Player, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
• Upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Intimidate or harass any Player.
• Upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense.
• Use or attempt to use a Player's account, Sites or system without authorization from AceSpace, or create a false identity on the Sites;
• Use the Sites in a manner that may create a conflict of interest or undermine the purposes of the Sites, such as trading reviews with other Users or writing or soliciting fake reviews
• Upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of AceSpace, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose AceSpace or its users to any harm or liability of any type.

Additional Representations and Warranties

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that: the User Content and all other content submitted to the Sites through your account or otherwise posted, transmitted, or distributed by you on or through the Sites: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate.

Third Party Websites and Content

The Site may contain (or you may be sent through the Sites) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and AceSpace is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by AceSpace. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and conditions, including privacy and data gathering practices, of any site to which you navigate to from the Site or relating to any applications you use or install from such sites.

Disclaimers

AceSpace is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Sites, including the accuracy of any Facility descriptions, Facility availability information or Player information. Although AceSpace provides rules for user conduct and postings, we do not control and are not responsible for what users and Players post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. AceSpace is not responsible for the conduct, whether online or offline, of any User, including any Player's non-compliance with any terms, conditions and policies relating to the use of any Facility. The Sites may be temporarily unavailable from time to time for maintenance or other reasons, unexpected and planned. AceSpace shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Sites. Under no circumstances will AceSpace be responsible for any personal injury or death resulting from the use of the Sites, any User Content or Third Party Content, or any use of Facility’s products or Sites provided by Users. ACESPACE PROVIDES THE SITES, INCLUDING ALL CONTENT THEREIN, TO FACILITY OWNERS AND PLAYERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY FACILITY POLICIES, THE FACILITY OWNERS PROVIDE THEIR FACILITIES TO PLAYERS "AS IS," AND ACESPACE AND ITS SUPPLIERS (AND FACILITY OWNERS WITH RESPECT PLAYERS THAT USE THEIR FACILITIES) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE FACILITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACESPACE CANNOT GUARANTEE AND DOES NOT PROMISE TO FACILITY OWNERS AND PLAYERS, AND FACILITY OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO PLAYERS, ANY SPECIFIC RESULTS FROM USE OF THE SITES OR A FACILITY. WITHOUT LIMITING THE FOREGOING, ACESPACE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; ACESPACE AND FACILITY OWNERS DO NOT REPRESENT OR WARRANT THAT THE SITES OR ANY FACILITY RENTAL WILL MEET YOUR REQUIREMENTS; AND ACESPACE DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO FACILITY OWNERS. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

IN NO EVENT (I) WILL ACESPACE OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SITES, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, OR A PLAYER’S USE OF A FACILITY, EVEN IF ACESPACE (OR THE FACILITY OWNER AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) ACESPACE'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH FACILITY OWNER'S LIABILITY TO A PLAYER OR ANY PARTY CLAIMING THROUGH SUCH PLAYER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY WITH RESPECT TO FACILITY OWNERS, THE AMOUNT PAID FOR THE APPLICABLE FACILITY, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. FACILITY OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO FACILITY OWNERS.

Termination

AceSpace may terminate or suspend your account or ability to use the Sites, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Sites, (ii) your conduct may harm AceSpace or others or cause AceSpace or others to incur liability, (iii) you receive negative feedback from other Players, or (iv) as otherwise determined by AceSpace in its sole discretion. AceSpace may modify the Sites, and all content, software and other items used or contained in the Sites, at any time. References on the Sites to any companies, organizations, products, or Sites, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AceSpace.

You may terminate your AceSpace account at any time by providing AceSpace with notice of termination sent to:

AceSpace
175 Varick St.
New York, NY 10014
info@acespacecourts.com

USA

Your access to, use of, or participation in the Sites, including any content therein, may be prevented by AceSpace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, AceSpace will remove your Profile and cease displaying your Profile Content, including your Facility listings if you are a Facility Owner, on or through the Sites.

Governing Law; Arbitration

The laws of the State of New Jersey will govern these Terms of Use and any dispute that might arise between you and AceSpace without regard to any principles of conflicts of law. Any dispute arising between you and AceSpace is to be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the Monmouth County, New Jersey, U.S.A. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

Indemnity

You agree to indemnify and hold AceSpace harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or distribute on or through the Sites, your use of or participation in the Sites, your interactions with other Players of the Sites, or any violation of these Terms of Use or of any law or the rights of any third party.

Miscellaneous

These Terms of Use and the Privacy Policy constitute the entire agreement between you and AceSpace regarding the use of the Sites and supersede any prior agreements between you and AceSpace relating to your use of the Sites. The failure of AceSpace to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.