SPACIOUSTerms of Service
Terms of Service
Greetings fellow conscious beings! This website is intended to provide you with information about our Spacious NYE, promotions, access to participate in event activities, contests and means to connect with our partners. It also allows you to interact with us and others and provide you the opportunity to contact us directly. While we want you to enjoy the experience of visiting this website and attending our NYE event, we also want you to understand the terms to which you agree when visiting our site and attending our event. References to “we” or “us” or “the experience” herein refer to Spacious NYE, our events, affiliates, partners, service providers and designees as deemed appropriate by us.
We may amend or terminate any Terms at any time. If we amend or terminate any Terms, we will notify you of such amendment or termination by posting the revised Terms on this website and such revised Terms will be effective at the time we post them on Spacious NYE’s website. Each time you use this website, you are responsible for visiting and reviewing the then current Terms that apply to your use of this website. Your continued use of this website and attendance of our events after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with this website, its content, the experience or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the website and attending our events. The Terms are the entire agreement between you and us with respect to your use of this website and attendance of our events.
Attendance of Spacious NYE’s events and use of Spacious NYE’s website is not permitted unless you are 21 years of age or older. If you are younger than 21, please do not register for the experience or use this website.
Use of this website, its features and event registration to be a participant or guest (“Event Guest”) is void where prohibited. By using this website, its features and participating in the experience, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of this website and its features does not violate any applicable law or regulation.
If event registration is available on this website, then when you register to attend an event and become an Event Guest you may use website for event activities. You will be prompted to enter a password provided for access. You are asked to maintain the confidentiality of this password outside of the experience. You are not permitted to share the password to view pages of this website outside the experience.
USE OF THE SITE
With the exclusion of partnering businesses, Users have a non-transferable, non-exclusive license to access Spacious NYE’s website, to view information contained on this website, and to interact with the website solely for their own personal use and not for any commercial purpose. You agree not to use this website for any unlawful purpose. You agree not to retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer this website or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of Spacious NYE’s website.
Tampering with this website, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on this website are prohibited.
We may, but are not obligated to, allow you to upload content for display on Spacious NYE’s website. If we allow this feature, please choose carefully the information you share on this website, provide to our partners or other Users and/or otherwise make available to us and through this website. Your content may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Event Guests (for instance, in their shared content or displayed on Spacious NYE’s website in areas in which Users can share content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of this website or its features by any person, please click on the “Contact” link on the website pages to contact us and notify us of the misuse.
We reserve the right, in our sole discretion, to reject, refuse to share or remove any sharing (including responses) by you, or to deny, restrict, suspend, or disengage your access to all or any part of the experience and this website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your media and responses and/or deny, restrict, suspend, or disengage your access to all or any part of the experience, its activities, and this website if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers, partners and/or our Users or for any other purpose we determine in our sole discretion.
PROPRIETARY RIGHTS + GRANT OF LICENSE TO SPACIOUS NYE
We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you share with us on this website and on social media (if applicable). After sharing your experience with Spacious NYE, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
By registering as an Event Guest or displaying, publishing Content on this website, or otherwise submitting Content to us (collectively, “sharing”), you hereby grant to Spacious NYE an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through this website and/or in connection with advertising and promoting the experience (including, for example, through screen shots) and/or our events and any other Spacious NYE product or brand in any media formats and through any media channels now existing or developed in the future. For purposes of clarity, the license granted to us herein permits us to use your Content for (among other things) commercial use and in connection with any of the brands or products of Spacious NYE and in any of our social media platforms. From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above.
Spacious NYE’s website may contain Content provided by the experience, including, without limitation, text, images and logos (“Brand Content”). Brand Content may be protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Brand Content and the features and functionality of this website. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Brand Content (excluding any software code) solely for your personal use in connection with viewing this website.
This website may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use for any commercial purpose, or sell any Content appearing on or through Spacious NYE’s website.
We assume no responsibility for monitoring this website for inappropriate Content or monitoring our events for inappropriate conduct. If at any time we choose, in our sole discretion, to monitor this website, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User attending our events or submitting any such Content (both online and offline). If you would like to report inappropriate content or conduct, please email our Event Producers, email@example.com.
You are solely responsible for your use of Spacious NYE’s website, the Content that you share at our events, on or through the website, and any material or information that you transmit to other Event Guests, our partners and for your interactions with other Users.
INTELLECTUAL PROPERTY RIGHTS
Spacious NYE respects the intellectual property of others, and requires that our Users do the same. You may not upload, share, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to disengage the Event Guest of all we suspect to be infringers.
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, you may request removal of the content pursuant via our Contact form.
We are not responsible for and make no warranties, express or implied, as to any content on this website, including, without limitation with respect to the accuracy and reliability of the Brand Content, User Content or other Content shared on or through Spacious NYE’s website, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by this website, or otherwise. The User Content does not necessarily reflect the opinions or policies of our own or our partners. Third party applications created and shared by Event Guests on this website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the site does not imply approval or endorsement of the linked website by Spacious NYE outside of our recognized partners. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are shared on or through this website, nor do we take any responsibility for the goods or services provided by our partners. We are not responsible for the conduct, whether online or offline, of any Event Guest and User of the Site including, without limitation, any Content shared by any User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Event Guest communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of this website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Spacious NYE’s website, events and it activities. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of this website, attendance of our event, from any User Content shared on or through this website, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of this website or participation in the experience. We will not be liable to you if you are unable to access information through this website.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
Our website is provided “AS-IS” and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of this website or registration to/attendance of our events.
LIMITATIONS OF OUR LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50).
We may use one or more third party service providers to design and/or operate parts of this website. In such cases, each such service provider is also included in the terms “we” and “us” for purposes of the Terms.
You agree to indemnify and hold Spacious NYE, its events, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of this website, attendance of our events and participation of its activities in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you share.
We are based in the State of Nevada, in the United States of America. We make no claims that this website, any Brand Content, User Content or other Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Terms will be construed, and their performance enforced, under the laws of Nevada without reference to choice of law principles. Any dispute relating to the Terms or this website and our events may be litigated only in a court having jurisdiction and venue in Clark County for state court causes of action and in the District of Nevada – Las Vegas for federal court causes of action. We may assign the Terms, in whole or in part, to a related entity or to a third party or to any third parties in connection with the sale, assignment, or other transfer of this website or sale, assignment, merger, reorganization, or other transfer of any of our brands or companies.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 14 DAYS FROM THE DATE WHEN YOU FIRST ACCEPT THESE TERMS (the “Opt Out Deadline”). You may opt out of these arbitration procedures by emailing SpaciousNYE@freshwata.com to request the opt out form. Any opt out received after the Opt Out Deadline will not be valid and you must pursue any claim in arbitration.
NOTICE OF DISPUTES
For all disputes and claims, whether pursued in court or arbitration, you must first give us an opportunity to resolve your dispute or claim by sending a PDF of a written Notice of Dispute (the “Notice”) to us via email at the following email address: SpaciousNYE@freshwata.com. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a “Demand”). If we and you do not reach an agreement to resolve the dispute or claim within 60 days after Notice is received, you or Spacious NYE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules; provided, however that for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims under $10,000 determined to be frivolous, we agree not to seek an award of attorneys’ fees in such arbitration proceedings even if an award is otherwise available under applicable law.
Unless we agree otherwise, any arbitration hearings will take place in the county of your billing address.
CLASS ACTION WAIVER
YOU AND SPACIOUS NYE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both of us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other User, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of Spacious NYE’s website, any of its features or attendance of our events and is further affirmed upon you becoming an Event Guest (if applicable). The Terms constitute the entire agreement between you and us regarding the use of this website and its services and features. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.