This Agreement (the “Agreement”) governs your use of the website, mobile and tablet apps, and all content, services, and products available at or through the website and apps (taken together, the “Website”) owned, operated, and made available by SocietyX, Inc., a Delaware corporation (the “Company”). The following terms and conditions also govern your use of any co-working office space offered or advertised through the Website, or amenities offered at the co-working office space (the “Spaces”). Please read this Agreement carefully before accessing or using the Website and SocietyX Space(s). The Website and SocietyX Space(s) are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by the Company. By accessing or using any part of the Website or by using the SocietyX Space(s) you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Website or use the SocietyX Space(s). The Website and SocietyX Space(s) are available only to individuals who are at least 18 years old.
Your use of the Website and/or SocietyX Space(s) may be immediately suspended or terminated if the Company is unable to collect payment from you for any reason.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for its Website or SocietyX Space(s) as it deems necessary.3. Use of SocietyX Space(s). If you use the Spaces, you agree to be bound by and comply with any additional terms, conditions, and policies provided by the owner, tenant, and/or property manager of the Venue (the “Venue Owner”) relating to the use of a specific Space, including compliance with building security procedures and IT access and use procedures (collectively, the “Venue Policies”). The Company and/or the Space Owner may record your activity in the Space for the purpose of your and other members’ security. The Venue Policies may be provided in electronic format through the Website or in hardcopy format.
While you use a Space, the Company and/or the Space Owner may provide the following services: (a) exclusive use of a workstation within the Space; (b) furnishings, including work space and chairs; (c) access to shared internet connection; (d) heat, air conditioning, electricity, and bathroom facilities; and (e) beverages, including coffee, tea, and hot and cold water, condiments, and light snacks. Reasonable measures will be taken to accommodate larger groups of paying members.
You acknowledge that the SocietyX Space(s) will be shared spaces, and that the Venue’s personnel, other SocietyX users, and their guests will use the Space simultaneously with your use. The Company will use commercially reasonable efforts to enforce this Agreement with respect to SocietyX users, but assumes no responsibility for the actions of such users, of their guests or of the Space’s personnel. You understand that neither the Company nor the Space Owner is responsible for any property you may leave behind in a Space.
You further agree that: (i) you will only use the SocietyX Space(s) for lawful purposes; (ii) you will not use the SocityX Space(s) for any illegal or inappropriate purposes, including gambling, prostitution, pornography, sexual activity, drug or human trafficking, money laundering, drug use, alcohol abuse, violent or threatening behavior, bigotry, bullying, hate speech, or any other purpose reasonably likely to reflect negatively on the Company or the Venue Owner; (iii) you will not violate any local, state, or federal law or regulation; (iv) you will not smoke or vape in the SocietyX Space(s); (v) you will not light or allow any candles, incense sticks, or open flames in the SocietyX Space(s); (vi) you will not use the venue in a retail or whole sales, or other capacity involving frequent visits by members of the public; (vii) you will not disparage, dilute, tarnish, or otherwise harm the Restaurant or its relationships with its customers in any way; (ix) you will not compete with the business conducted by the Restaurant; (x) you will not solicit, induce, or encourage the Restaurant’s employees or contractors to terminate his, her, or their relationship with the Restaurant; (xi) you will not impersonate any person or entity or falsify or otherwise misrepresent affiliation with any person or entity; (xii) you will not engage in any disruptive, circumventive, abusive or harassing behavior; (xiii) you will not access, tamper with, or use any non-public areas of the Restaurant (including the bar, kitchen, basement, office, and storage areas); (xiv) you will not violate the privacy or intellectual property rights of others; (xv) you will not make excessive noise in the SocietyX Space(s), or create any noise or conduct any other activity which would, in the Company’s judgment, disturb other persons in the Space; (xvi) you will follow all additional regulations regarding the Space as may be communicated by the Space Owner, or through the Website, posted signs, or otherwise; (xvii) you will not use the SocietyX Space(s) for sending or storing any unlawful material or for fraudulent purposes; (xviii) you will not have mail or packages delivered to the SocietyX Space(s) unless given prior express written consent by an officer of the Company; (xix) you will not install, remove, or modify any fixtures, equipment, machinery, or appliances in the SocietyX Space(s); (xx) you will not damage, injure, deface or destroy the SocietyX Space(s) or anything in the Venue and understand that you may be held liable (and do hereby authorize the Company to charge you) for the replacement or repair cost for all damage to the Venue and items therein during your use thereof; (xxi) you will not use the SocietyX Space(s) to cause nuisance, harassment, annoyance or inconvenience; (xxii) you will not impair the proper operation of the SocietyX Space(s) and will not try to harm the SocietyX Space(s) in any way whatsoever; (xxiii) you are responsible for leaving the SocietyX Space(s) in a clean and tidy condition; and (xxiv) you will leave the SocietyX Space(s) at the end of the rental period or as otherwise directed by the Company or the Venue Owner.
You further acknowledge that your use of the SocietyX Space(s) does not create a lease between you and the Company or the Space Owner, but is rather a limited, revocable, non-exclusive, non-transferrable, contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the SocietyX Space(s) in the event of fraud, trespassing, illegal activity, or violation of any of the terms of conditions of this Agreement.4. Use of Website. Subject to your compliance with the terms and conditions of this Agreement, the Company grants to you a limited, revocable, non-exclusive, non-transferrable license to use the Website. You shall not: (i) use the Website for any illegal or inappropriate purposes, including gambling, prostitution, pornography, sexual activity, drug or human trafficking, money laundering, drug use, alcohol abuse, violent or threatening behavior, bigotry, bullying, hate speech, or any other purpose reasonably likely to reflect negatively on the Company or the Space Owner; (ii) impair the proper operation of the Website; (iii) use the Website to cause nuisance, harassment, annoyance or inconvenience; (iv) use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Website except as expressly permitted in this Agreement; (v) access the Website in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics of the Website; (vi) 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; (vii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (ix) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (x) interfere with or disrupt the integrity or performance of the Website or SocietyX Space(s) or the data contained therein; or (xi) attempt to gain unauthorized access to the Website or SocietyX Space(s) or their related systems or networks. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
The Company has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. Content relating to the Venue, including but not limited to narrative descriptions, capacity, noise, light, technology, and photos, are provided solely by the Space Owners. The Company is not responsible if the Venue Owners have misrepresented or omitted any aspect of the SocietyX Space(s). Reviews of the Venues are provided solely by SocietyX users, and the Company is not responsible if such users have misrepresented any aspect of the SocietyX Space(s). By operating the Website, the Company does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use of the Website by visitors, or from any downloading by those visitors of the content there posted.
The Company may rely on third party advertising and marketing supplied through the Website and other mechanisms. By entering into this Agreement, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. The Company may provide you with an opportunity to purchase a premium subscription to utilize the Website on an ad-free basis, should you choose not to receive these advertising services. The Company may compile, release, and disclose, on an aggregate and not individual basis, anonymous information regarding you and your use of the Website or SocietyX Space(s) as part of a customer profile or similar report or analysis, including, without limitation, to third party service providers.
The Company respects copyright law and expects you to do the same. It is the Company’s policy to terminate in appropriate circumstances users or other Account holders who infringe or are believed to be infringing the rights of copyright holders.5. User Reviews. The Company may, in its sole discretion, permit users to post reviews or other material to the Website. If you post material to the Website, or otherwise make, or allow any third party to make, material available by means of the Website, including but not limited to text and graphics (any such material, a “Review”), you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferrable, 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, and otherwise exploit such Review. If you delete a Review, the Company will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Review may not be made immediately unavailable.
No anonymous Reviews will be permitted. Users shall be required to identify themselves as the author of a Review in order to post a Review to the Website.
Additionally, you are responsible for the content of, and any harm resulting from, the Review. By making a Review, you represent and warrant that the Review is factually correct and based on your firsthand consumer experience, is not spam, is not machine- or randomly-generated, does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing). You will not, and will not assist, encourage, or enable others: (i) to write a fake or defamatory Review; (ii) violate any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, or publicity; (iii) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (iv) use the Review to promote a business or other commercial venture or event other than the business that is the subject of the review; (iv) submit or transmit pornography.
Without limiting the foregoing, the Company has the right but not the obligation to, in the Company’s sole discretion, (i) refuse or remove any Review that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. The Company will have no obligation to provide a refund of any amounts previously paid.
YOU ACKNOWLEDGE THAT SECTION 16 OF THIS AGREEMENT INCLUDES AN OBLIGATION TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR CLAIMS OR LOSSES RELATING TO REVIEWS, AMONG OTHER THINGS, THAT YOU HAVE CAREFULLY REVIEWED THE PROVISIONS OF SECTION 16, AND THAT YOU UNDERSTAND THEM AGREE TO THEM.6. Content Posted on Other Websites. The Company has not reviewed, and cannot review, all of the material made available through the websites and webpages to which ThesocietyX.com links, and that link to Thesocietyx.com. The Company does not have any control over third party websites and webpages and is not responsible for their contents or their use. By linking to any third party website or webpage, the Company does not represent or imply that it endorses such website or webpage. You are responsible for taking further precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
This Agreement does not transfer from the Company to you any Company or third party intellectual property. All right, title, and interest in and to the Company’s intellectual property will remain solely with the Company. The Company, Thesocietyx.com, and the Thesocietyx.com logo, and all other trademarks, service marks, graphics, and logos used in connection with the Website, and all goodwill related to any of the foregoing, are owned exclusively by Company or the Company’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the intellectual property of third parties. Your use of the Website does not grant you a right or license to reproduce or otherwise use any Company or third-party trademarks.9. SMS Messaging. If you have provided your consent, the Company may send you SMS messages in relation to your booking and use of SocietyX Space(s) and for promotional purposes. Message and data rates may apply. The Company reserves the right to stop sending SMS messages at any time. You may at all times opt-out by replying from your mobile phone to any SMS from the Company with the word “STOP”, which opt-out will become effective within seven (7) days. Opting out of SMS messaging may prevent you from receiving information necessary to use the SocietyX Space(s).
The Company and Space Owners shall have no liability whatsoever with respect to any loss or theft of your property during your use of the SocietyX Space(s). By using the Website and SocietyX Space(s), you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable. You use the Website and the SocietyX Space(s) at your own risk.
The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damages of whatever nature arising from such problems.14. Limitation of Liability. In no event will the Company or its suppliers or licensors be liable with respect to the subject matter of this Agreement under any theory of recovery (including contract, negligence, or strict liability) for: (i) any special, incidental, or consequential damages, (ii) the cost of procurement of substitute products or services, (iii) for interruption of use or loss or corruption of data, or (iv) for any amounts that exceed the fees paid by you to the Company under this Agreement during the twelve (12) month period prior to the accrual of a cause of action. The Company is not liable for any failure or delay due to matters beyond its reasonable control.