Terms of Use
Thank you for using Swivospace, an online marketplace connecting individuals and businesses with unique spaces for events, meetings, and productions.
General Terms
You must be at least 18 years of age and legally able to enter into a contract to use Swivospace (Site). If you are using Swivospace on behalf of a company or organization, you represent and warrant that you have the authority to bind the company or organization to these Terms of Use.
Account Registration
To access Swivospace, you must create an account and provide accurate information. Safeguard your account login details and assume full responsibility for all activities carried out under your account. During the registration process, the credit card, bank account, or other approved payment facility you provide will be verified by Stripe, our third-party payment processor, for your security and protection.
Prohibited Conduct
You agree not to use Swivospace for any illegal, fraudulent, or abusive purpose, or to harass, intimidate, or harm any other user. You also agree not to interfere with the operation of Swivospace or the rights of any other user.
Space Owners
Space Owners can list available spaces on Swivospace for guests to book for events. Listings include details like pricing, rules, amenities.
Representations and Warranties
Space Owner hereby represents and warrants that (i) any and all information in any registration questionnaire is truthful and accurate, (ii) the Space is safe for purposes of any booked Event and conforms to all applicable laws, regulations, and codes, and (iii) it has the full right, power, and authority to offer the Space for rent through Swivospace and to collect money in connection with the rental of the Space through Swivospace. All representations and warranties run to the benefit of Swivospace and Event Organizers.
Event Rules
Space Owner, not Swivospace, is solely responsible for obtaining any and all permits and/or approvals necessary to rent out a Space, to host Events, or to otherwise use the Services. Space Owner, not Swivospace, is solely responsible for paying all applicable taxes, levies, or fees with respect to providing use of a Space. Space Owner, not Swivospace, is responsible for obtaining and maintaining an insurance policy or policies sufficient to cover the use of each Space offered via the Site. Swivospace reserves the right at any time to refuse to list a Space or cancel the listing of a Space or to remove a Space listing for any reason whatsoever. Space Owners agree that there shall be no recourse against Swivospace for exercising its right to refuse a listing or for removing the listing of a Space from the Site.
Cancelling a Booked Event
You must submit all cancellations through the Swivospace platform. Your cancellation of a booked Event is not effective unless and until you have requested the cancellation through your Swivospace account. You acknowledge and agree that any and all Transaction Fees (as defined below) are 100% non-cancellable and non-refundable.
You may only cancel one booked Event in any six (6) month period, and if you cancel any booked Event less than thirty (30) days prior to the Event Date, you will be charged a cancellation fee equal to the greater of $100 or fifteen percent (15%) of the Total Booking Fees (as defined below) for the canceled Event, in addition to any Transaction Fees paid by the Event Organizer (which Swivospace may refund to the Event Organizer in its discretion). We will automatically deduct any applicable cancellation fees for which you are responsible from any fees or amounts owed by Swivospace to you.
If you cancel any booked Event, your calendar will stay blocked for the canceled Event Date, and you will not be able to accept another reservation for the same date of the canceled reservation.
Payments
Event Organizers are required to pay all fees charged by the applicable Space Owner for the use of the Space ("Usage Fees"), any prepaid or reserved security deposit that may be required by the Space Owner ("Security Deposit"), and any transaction fees posted by Swivospace and applied to the booking ("Transaction Fees," and, collectively with all other amounts due hereunder in connection with a booking, the "Total Booking Fees"). You agree that Swivospace may deduct all Transaction Fees, commissions, and other fees posted by Swivospace in advance of paying out any Usage Fees, referral fees, or other amounts owed to you in connection with your use of the Services. By booking any Event, you also agree to the terms of service and privacy policy of Swivospace's third-party payment processor, Stripe.
Event Organizers
Event Organizers can search listings and send booking requests to reserve spaces for events. Bookings are legal agreements between the Space Owners and Event Organizers. Guests of the Event must follow Space Owner's rules. Guests are licensed to enter and use the Space only as described in the booking. Guests must behave appropriately, follow all laws, and leave the Space in good condition. Event Organizers are responsible for any damage by attendees and will indemnify the Space Owner.
Representations and Warranties
The Event Organizer is responsible for (a) ensuring its own compliance, as well as the compliance of all individuals granted access to the Space for an Event, with all laws, regulations, codes, Booking Terms, and the terms and conditions of this Agreement, and (b) returning a rented Space in the same condition as it was found, excluding ordinary wear and tear. All representations and warranties run to the benefit of Swivospace and Space Owners.
Event Rules
The Event Organizer is authorized to use the Space solely in accordance with the Booking Terms and the description of the Event as set forth in the Event Organizer's request for Booking or Quote, unless the Space Owner provides prior written authorization for additional permitted uses. The Space Owner shall have the right to enter the Space at any time and for any reason, including, without limitation, any emergency or threatened emergency that may pose a danger to the Space or result in injury to any person in or near the Space.
The Event Organizer must take adequate measures to verify the identification and age of those wishing to consume alcoholic beverages during the event held in the Space. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor. NO INDIVIDUAL UNDER THE AGE OF 21 MAY PURCHASE OR CONSUME ALCOHOL IN CONNECTION WITH ANY EVENT.
All equipment, installations, decorations, and personal property of the Event Organizer or any of the Event Organizer's service providers, guests, or invitees must be removed from the Space by the conclusion of the Event. Unless otherwise agreed to in writing by the Space Owner, any such equipment, installations, decorations, or personal property left in the Space after the Event shall be considered abandoned and may be disposed of by the Space Owner accordingly. If any property or equipment is left in the Space after the designated end time of the Event, or if any individuals remain in the Space past such time, you may be subject to overtime fees in accordance with the Booking Terms.
The Event Organizer shall leave the Space in the same or similar condition as when they entered the Space. The Event Organizer shall be responsible for any damage caused to the Space during the Event, beyond ordinary wear and tear, and shall be responsible for any repairs needed to remedy such damage. In the event that the Event Organizer does not satisfactorily remedy any such damage, the Space Owner shall be entitled to make the necessary repairs at the Event Organizer's expense. If any such charges exceed the agreed Security Deposit (which, for avoidance of doubt, may be charged at the time an Event is booked or after such Event), the Event Organizer shall reimburse the Space Owner for any such repairs within thirty (30) days of receiving the Space Owner's written request for reimbursement.
Cancelling a Booked Event
You must submit all cancellations through the Swivospace platform. Your cancellation of a booked Event is not effective unless and until you have requested the cancellation through your Swivospace account. You acknowledge and agree that any and all Transaction Fees are 100% non-cancellable and non-refundable, except when otherwise designated in the Swivospace cancellation policy, and that the Usage Fees and Security Deposit are refundable only to the extent designated by the Space Owner in the applicable Quote.
Each booked Event will be subject to the cancellation policy designated by the applicable Space Owner. YOU WILL NOT BE ENTITLED TO ANY REFUND IN RESPECT OF CANCELLATIONS MADE NOT IN ACCORDANCE WITH THE APPLICABLE CANCELLATION POLICY.
Disputes and Binding Arbitration
If you book a space on Swivospace, you agree to pay the full amount of the booking fee and any additional fees disclosed in the listing. You also agree to comply with all applicable laws and regulations regarding the use of the space for events, meetings, and productions.
Any disputes arising from the use of Swivospace shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules and procedures.
Event and Transaction Fees; Deposits
When booking any Event through Swivospace, you shall pay: (i) to the Space Owner, any required Security Deposit for the Event; and (ii) to Swivospace, the full amount of all Usage Fees, as well as the Transaction Fees and any applicable taxes. Our third-party payment processor, Stripe, shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the Usage Fees, Transaction Fees, and applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars. By booking any Event, you agree to Stripe's terms of service and privacy policy, which can be found here: Stripe Terms and Stripe Privacy.
You must provide current, complete, and accurate billing and credit card information in connection with each booked Event. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible for paying. You are advised to check with your bank and credit card issuer for details.
You agree that your approved payment facility may be charged after an Event for any damages or overtime fees chargeable to you in accordance with this Agreement and the Booking Terms.
Legal Information
No Warranties; Limitation of Liability
All Spaces are provided by third-party Space Owners, and not by Swivospace; therefore, Swivospace has no control over, and hereby disclaims any and all liability arising out of or associated with, the condition, quality, safety, legality, or suitability of any Space. Space Owners and Event Organizers, on behalf of themselves and their respective assigns, subrogees, representatives, and all other persons or entities acting for, by or through them, hereby release and forever discharge Swivospace, its directors, officers, agents, representatives, employees, and insurers, from any and all liability, claims, demands, actions, or rights of action, of whatever nature, character, or description, for personal injury, property damage, or death that arise from, are related to, or are in any way connected with any Event or the renting or use of any Space. In the event either Space Owner or Event Organizer suffers any loss to person or property, such Space Owner or Event Organizer shall look solely to its own insurance coverage, and hereby waives any and all claims, demands, damages, and causes of action of any nature whatsoever that Event Organizer or Space Owner, or its successors or assigns, may have against Swivospace.
You acknowledge that the Site may contain bugs, errors, and other problems that could cause system failures. The Site, the Services, and the Content are provided "as is" and "as available" without any warranties of any kind, including that the Site or Content will operate error-free or that the Site, its servers, or the Content are free of computer viruses or similar contamination or destructive features. We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties' rights, and fitness for a particular purpose, and any warranties arising from a course of dealing, course of performance, or usage of trade.
In connection with any warranty, contract, or common law tort claims: (i) we and our licensors shall not be liable for any incidental or 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, the Services, or the Content, even if we have been advised of the possibility of such damages; and (ii) any direct damages, not attributable to personal injuries, that you may suffer as a result of your use of the Site, the Services, or the Content shall be limited to the total fees that you have paid to us within the three (3) months immediately preceding the events giving rise to any claim.
Some jurisdictions, including the State of New Jersey, do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you.
Indemnification and Insurance
You agree to defend, indemnify, and hold Swivospace and its officers, directors, employees, agents, successors, licensees, licensors, 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 misuse of the Content, the Site, or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your rental, booking, or use of a Space. Swivospace 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. Swivospace reserves 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 a case, you agree to cooperate with any reasonable requests assisting Swivospace's defense of such matter.
Space Owners and Event Organizers must maintain adequate general liability insurance against any claim or claims that might arise out of their rental, booking, or use of a Space. Upon request by Swivospace, such Space Owner or Event Organizer shall furnish an insurance certificate signed by an authorized agent evidencing such insurance coverage.
Compliance with Applicable Laws
The Site operates from the United States. We do not warrant whether the Content can be downloaded, viewed, or is suitable for use outside of the United States. If you access or use the Site, the Content, or the Services from a location outside of the United States, you do so at your own risk. Whether within or outside the United States, it is your sole responsibility to ensure compliance with the laws of your particular jurisdiction.
At Swivospace, we want to ensure a safe and legal environment for all our users. Please be aware that our platform is strictly designed for commercial use and is not intended for short-term residential accommodations, such as those typically associated with platforms like Airbnb.
New York State Law Local Law 18, regulates short-term rentals and may prohibit or restrict overnight occupancy in certain areas. It is important to understand that hosting overnight guests for residential purposes, including but not limited to residential apartments, houses, or other non-commercial properties, may be illegal in specific jurisdictions, including New York State.
Our platform is specifically designed to facilitate commercial transactions and private events. This includes offering and booking spaces for business meetings, workshops, conferences, photo shoots, weddings and other commercial activities. We do not condone or support any use of our platform that would violate local laws or ordinances related to short-term rentals or residential occupancy.
By using our platform, you agree to comply with all applicable laws and to use our services for their intended commercial purposes.
Disputes and Binding Arbitration
In the event of a dispute arising under or relating to the Agreement, the Site, the Content, or the Services (referred to as a "Dispute"), either party may choose to resolve the dispute through binding arbitration in accordance with the Federal Arbitration Act ("FAA"). Any decision to arbitrate, at any time, will be final and binding on the other party. IF EITHER PARTY OPTS FOR ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO REQUEST A JURY TRIAL. HOWEVER, EITHER PARTY MAY PURSUE ITS CLAIM IN A LOCAL SMALL CLAIMS COURT IF PERMITTED BY THAT COURT'S RULES AND WITHIN ITS JURISDICTION. ARBITRATION DIFFERS FROM COURT PROCEEDINGS, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED IN ARBITRATION. All disputes will be resolved by a neutral arbitrator jointly chosen by the parties, and the arbitrator's decision will be final, with a limited right of appeal as provided by the FAA. The arbitration will be conducted by JAMS in accordance with its prevailing Comprehensive Arbitration Rules and Procedures, or as applicable, JAMS' Streamlined Arbitration Rules and Procedures. You can find JAMS' rules and procedures at www.jamsadr.com. Each party will be responsible for covering any JAMS filing, administrative, and arbitrator fees as per JAMS' rules. The arbitrator's award may be entered in any court with jurisdiction. This clause does not prevent parties from seeking interim remedies in court if necessary. Arbitration can be conducted in person, through document submission, by phone, or online. If conducted in person, it will occur in New York, New York. The parties may litigate in court to enforce arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award. The parties will cooperate in good faith for the voluntary and informal exchange of all non-privileged documents and other relevant information (including electronically stored data) related to the Dispute shortly after arbitration begins. As stated in Section 19 below, nothing in this Agreement will prevent us from seeking injunctive relief in a court with appropriate jurisdiction to safeguard our proprietary interests.