TERMS OF USE (“TOU”)
Our community space works because we all commit to making it work together!
It’s important that you read these terms carefully to understand your rights and protections, as well as ours. Please contact us at hello@sparkplaza.com if you have questions regarding this TOU.
Acceptance of Terms.
The services Spark Plaza, Inc. (“Spark Plaza”) provides to you, the undersigned (including but not limited to use of office space and access to Internet in accordance with the Member Type), are subject to the following Terms of Use (“TOU”). Spark Plaza reserves the right to update the TOU at any time and from time to time. Spark Plaza will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.
The undersigned agrees to share the Membership Perks and information from page 1 as well as the TOU with any and all employees who may be using the Spark Plaza private office or desk space(s) under you/your Company’s membership. It is the undersigned’s responsibility to ensure that your employees, guests, and invitees abide by all such rules and this TOU.
Description of Services
Spark Plaza may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as Spark Plaza may provide from time to time in accordance with your membership level (collectively, “Services”). The Services, at all times, are subject to the TOU.
No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the TOU. You may not use the Services in any manner that may damage, disable, overburden, or impair any Spark Plaza server, or the network(s) connected to any Spark Plaza server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any Spark Plaza server or to any of the Services, through hacking, password mining or by any other means. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Spark Plaza reserves the right at all times to disclose any information about you, your participation in and use of the Services as Spark Plaza deems necessary to satisfy any applicable laws, regulations, legal processes or governmental requests, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Spark Plaza’s sole discretion.
Confidentiality.
a. You acknowledge and agree that during your participation in and use of the Services you may encounter Confidential Information. “Confidential Information” shall mean all information, in whole or in part that is revealed by Spark Plaza, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential, and/or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Spark Plaza, any analyses, compilations, studies or other documents prepared by Spark Plaza or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reasons to know should be treated as confidential.
b. By your participation in and/or use of the Services, the undersigned agrees:
to maintain all Confidential Information in strict confidence;
not to disclose Confidential Information to any third parties;
not to use the Confidential Information in any way directly or indirectly detrimental to Spark Plaza, or any other participant or user of the Services.
c. All Confidential Information shall remain the sole and exclusive property of Spark Plaza or the respective participant or other user of the Services. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Spark Plaza, or any other participant or user of the Services.
Participation In or Use of Services.
You acknowledge that you are participating in or using the Services by your own choice. The undersigned hereby releases Spark Plaza from any and all liability regarding the use of the Services, any loss of information resulting from the use of the Services, any loss of information resulting from the use of the Services or participation in the Services, or from any access to the Services.
Disclaimer of Warranties.
Spark Plaza provides the Services “as is”, “where-is” and with all faults, and the undersigned hereby disclaims with respect to the Services any and all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties, duties or conditions, of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, and workmanlike effort. The undersigned hereby fully releases Spark Plaza from any and all claims made based on the undersigned’s use of the Services and waives any claim regarding any warranty, duty or condition as set forth herein.
Also, there is no warranty, duty, or condition of title, quiet enjoyment, quiet possession correspondence to description, or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the Services, remains with you.
Limitation of Liability.
Neither Spark Plaza or its subsidiaries (whether or not wholly-owned), divisions, nor any of our officers, directors, employees, shareholders, partners, affiliates, agents or representatives will be liable for direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including but not limited to, damages for loss of profits, loss of Confidential or other Information, business interruption, loss of privacy, failure to meet any during (including good faith or reasonable care), negligence arising out of or in any way related to the participation in or inability to participate in our failure to provide use of the workspace, Services, or to provide utilities, any error, any omission, any delay, or any interruption with respect thereto, any injury to person, damages to your property, or the property of your employee’s, guests or invitees, all of which are expressly assumed and waived by the undersigned.
Termination.
Spark Plaza reserves the right to terminate any Services at any time. Spark Plaza further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
Should you desire to terminate your membership, you agree to give Spark Plaza 30 days written notice.
Indemnification.
You agree to indemnify, defend, and hold harmless Spark Plaza, Spark Plaza subsidiaries (whether or not wholly owned), affiliates, and our officers, directors, employees, shareholders, partners, agents, and representatives from and against any liability to parties arising out of your use and occupancy of the workspace or Services, or any act or omission of your or your officers, directors, employees, agents, representatives, contractors, customers or invitees unless caused by our gross negligence or willful misconduct.
Severability.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall by unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Damage.
The undersigned agrees not to damage, deface, or alter the office, walls, floors, and ceilings, and will not use the office or the common areas for waste, obstruction, unlawful, improper, or offensive markings. You will not cause damage to any part of the building, our property, or disturb the quiet enjoyment of any licensee or occupant of the building. Upon termination of this Agreement, the workspace will be in as good condition as when first occupied, normal wear and tear is excepted. Spark Plaza retains the right to inspect, clean and make repairs and alterations as reasonably deemed necessary and the cost of any such repairs resulting from any act or omission by you or your employees, guests and invitees will be reimbursed to Spark Plaza to you upon demand.
The undersigned assumes all risk of loss with respect to your personal property and the personal property of your agents, and employees, for loss of, or damage to your property or the property of others that is under your control to the extent of such loss or damages covered or required to be covered by any insurance policy. As a user, it is strongly suggested that you carry a renters insurance policy to cover your own equipment while using our space.
If the workspace is made unusable, in whole or in part, by fire or other casualty, Spark Plaza may, at our option, terminate this Agreement upon written notice to you, effective upon such casualty, or Spark Plaza may elect to repair or restore the workspace, without expense to you, unless such damage was due to your negligence. If repaired or restored, this Agreement shall not terminate but the monthly fees shall be abated on a prorated basis for the period of time that the workspace is unusable, or Services not provided.
Payment and Remedies for Default and Renewal.
Member agrees to pay the above monthly fee on or before the 1st day of each month. If payment is not received by the 10th of the month, Spark Plaza reserves the right to charge a 10% late fee.
You will be deemed to be in default under this Agreement if: (i) you default in the payment of the monthly fees or other sums when they are due regardless of whether or not we provide written notice of such default; or (ii) you default in the prompt and full performance of any other provisions as set forth in this TOU and such default continues for more than five (5) days after Spark Plaza provides written notice of such default to you. If you are in default, Spark Plaza shall have the option to pursue any one or more of the following remedies without any additional notice: (a) we may immediately terminate this Agreement, enter your workspace, and take and hold all personally, terminate all Services provided and change any locks or access codes without releasing you, in whole or in part, from any obligations under this Agreement. In the event of such termination, Spark Plaza may declare the entire amount of the monthly fees that would become due and payable during the remainder of the term, to be due and payable immediately, and the undersigned agrees to pay us the entire amount. Additionally, any of your personal property which remains in our office after the termination may, in our sole discretion, be deemed to have been abandoned by you and we may either hold possession thereof as our property or may dispose of any and all such personally, without any liability and at your expense, in any manner we so choose; (b) pursue any other remedy available in law or at equity.
The undersigned agrees to pay all costs and expenses, including reasonable attorney’s fees, expended, or incurred by Spark Plaza in connection with the enforcement of this Agreement.
The Member agrees that this membership shall automatically renew without further action or notice to Member, unless Member gives Spark Plaza not less than 30 days’ notice of its intention not to renew this membership.
I hereby acknowledge that I have read and understand all of the terms and conditions contained in this TOU and further agree to be bound by the TOU regarding my participation in and use of the Services.