Last Updated: August 29th, 2017.
1. The Service
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) contact us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) access exclusive content available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post listings, reviews, comments, and other content on the Site (collectively, “Registered User Content”); and (iv) provide or book third-party spaces through the Site (“Spaces”, or “Space”).
A Registered User may either be a Space Owner or an Space-User:
A “Space Owner” is a Registered User who chooses to create an account through which the Registered User may offer and provide Spaces through the Site.
A “Space-User” is a Registered User who chooses to create an account through which the Registered User may request or book Spaces through the Site.
Placeuse is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Placeuse may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated this Agreement.
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Placeuse will not be liable for any loss or damage caused by any unauthorized use of your account.
You agree to provide true, accurate, current, and complete information when registering with the Site. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Site.
3. Listing a Space
Once you have registered for the Site you can start listing Spaces. In order to list a Space, you must provide information about the Space’s availability, location, amenities, and additional terms governing the access to and use of the Space. You can also provide a description of the Space, and upload photos of the Space. Placeuse reserves the right, but is under no obligation, to review all proposed Spaces, and we reserve the right, in our sole discretion, to refuse to list any Space. Space Owners are prohibited from providing personal information or any contact information on the Space Owner’s page for the Space, and are further prohibited from accepting any personal information or other contact information from Space-Users.
Once you have become a Registered User you can start booking Spaces, either by searching a specific city, or by browsing Spaces listed on the Site. Once you find a Space you are interested in, you can check its availability on the listing page, and contact the Space Owner through the in-platform messaging feature. In order to book a Space, you may be required to agree to additional terms set by the Space Owner listing the Space, such as a cancellation policy, or rules governing the use of the Space. Space-Users are prohibited from sharing any personal information or other contact information with Space Owners, and are further prohibited from accepting any such contact information or personal information from Space Owners.
5. User Conduct
By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:
- You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;
- You must be at least 18 years old to become a Registered User;
- You will not upload, post, email, transmit, or otherwise make available any content that:
– infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
– is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
– discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Site to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
- You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates this User Conduct, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to remove any content that does not adhere to this User Conduct.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Site by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Placeuse, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Placeuse does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Placeuse be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Any Space Owner or Space-User understands and agrees that it is the Space Owner’s sole responsibility to obtain any insurance as required by the law or otherwise related to any Listings. Placeuse is not providing any property insurance of any kind and highly recommends that Space Owners obtain appropriate insurance for their space.
8. Payments and Fees
9. Compliance with Law
Space Owners acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Space-User’s stay at a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Placeuse assumes no responsibility for a Space Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Placeuse reserves the right, at any time and without prior notice, to remove, edit, or disable access to any Listing for any reason, including Listings that Placeuse, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Site or Services.
10. Third Party Websites
The Site may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
You acknowledge and agree that the Site may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Site, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Placeuse shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Site and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).
12. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Information sent or received over the Internet is generally unsecure and Placeuse cannot and does not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Placeuse will not be liable for any loss or damage arising from your failure to comply with these requirements.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU AGREE AND ACKNOWLEDGE THAT PLACEUSE AND ITS AFFILIATES (INCLUDING, WITHOUT LIMITATION, ANY PARENT, SISTER AND SUBSIDIARY COMPANIES), CONTRACTORS AND SUPPLIERS OF SERVICES RELATED TO THE SERVICES, AND ALL OF THEIR RESPECTIVE, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, OR ANY WEBSITE LINKED FROM THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR DAMAGES FOR PERSONAL OR BODILY INJURY OR DEATH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), PRODUCT LIABILITY, PRIVACY, INTELLECTUAL PROPERTY OR ANY OTHER LEGAL CLAIM (EVEN IF PLACEUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION TO: (I) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS IN ACCESS TO AND USE OF THE SERVICES, THE CONTENT OF THE SITE AND ANY FUNCTIONS CONTAINED ON THE SITE; (II) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH SPACE OWNERS, SPACE-USERS AND/OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY POTENTIAL VIOLATIONS OF PRIVACY LAW; (III) USE OF A SPACE BY A SPACE-USER WHERE A BOOKING WAS MADE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Site; (iii) your rental, booking, or use of a Space; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
17. Handling Disputes
IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY ON ANY ISSUE AND IN ANY CAUSE OF ACTION.
You agree to contact Placeuse directly at [email protected] to give us the opportunity to resolve any and all Disputes.
18. Class Action Waiver
In the event of a dispute between the parties, resolution of same, shall proceed solely on an individual basis. You hereby waive any right to assert any claim or cause of action on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party.
19. Jurisdiction and Governing Law
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Placeuse may determine in any and all actions, disputes, or controversies relating hereto.