Terms of Service ("Terms")
Welcome to the Coliving.com website or App, including related applications (collectively, this “Website”). This Website is provided solely to assist people in gathering information, posting opinions, engaging in interactive forums, and searching for coliving spaces and retreats, and for no other purposes. The terms “we”, “us”, “our” and “Coliving.com” refer to Coliving Inc., and our corporate affiliates and websites (collectively, “Coliving”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms of Service herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Coliving account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to our Website.
Coliving does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Coliving in connection with the Website or the services.
(vii) use the “reservations” feature for anything that is outside of legitimate money transmission for spaces to take reservations from customers booking rooms/beds
(viii) solicite spaces listed on our website(s) with offers to join similar and/or competing service offering
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, blog posts, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Coliving and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Coliving may choose to provide attribution of your comments or reviews at our discretion. You further grant Coliving the right to pursue at law any person or entity that violates your or Coliving’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of coliving-spaces or other content, messages, materials or other items on this Website (“Interactive Areas”). If Coliving provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content which promotes any political or religious point of view;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any of securities exchange , including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;
Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Coliving;
Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers, Social Insurance Numbers and credit card numbers;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of Coliving, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Coliving or its affiliates or its users to any harm or liability of any type.
Coliving takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Coliving liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Coliving is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Coliving has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Coliving reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Coliving or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Coliving, and its licensees, successors and assigns, from any claims that you could otherwise assert against Coliving by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS COLIVING’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING ROOM AVAILABILITY. COLIVING DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ROOMS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, REVIEWS AND RATINGS, ETC.). IN ADDITION, COLIVING EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE.
COLIVING MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEROF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY COLIVING. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COLIVING DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM COLIVING, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW COLIVING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
COLIVING ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT COLIVING’S LIABILITY FOR (I) DEATH OR PERSONAL INFURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL COLIVING (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COLIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS OF SERVICE AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
If Coliving is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Coliving’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Coliving for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Coliving.
You agree to defend and indemnify Coliving and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Coliving. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Coliving to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Coliving’s services, websites and partners. The Coliving websites are controlled and operated by Coliving from its remote offices. Coliving makes no representation that materials on the Coliving websites are appropriate or available for use outside of United States. Those who choose to access the Coliving website from outside of United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Coliving websites is further subject to United States export controls. No software from the Coliving websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Coliving websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Coliving websites (“Software”) is the copyrighted work of Coliving, or Coliving affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2017 Coliving. All rights reserved. Coliving is not responsible for content on websites operated by parties other than Coliving. Coliving, the graphic logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Coliving and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Coliving or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Coliving and may not be copied, imitated or used, in whole or in part, without the prior written permission of Coliving. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Coliving.
Policy for illegal content
If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately emailing email@example.com. Once this procedure has been followed Coliving will make all reasonable endeavours to remove illegal content within a reasonable time.
Coliving may change, add or delete these Terms of Service or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms of Service.
Coliving may change, suspend or discontinue any aspect of the Coliving service at any time, including availability of any feature, database or content. Coliving may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Coliving web site without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms of Service or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF COLIVING NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
JURISDICTION AND GOVERNING LAW
This Website is operated by a United States entity and this Agreement is governed by the laws of U.S. You hereby consent to the exclusive jurisdiction and venue of courts in British Columbia, Canada and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Coliving arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the Province of British Columbia, Canada. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Coliving, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
ADDITIONAL MOBILE LICENSES
Portions of Coliving mobile software may use copyrighted material, the use of which Coliving acknowledges. In addition, there are specific terms that apply to use of certain Coliving mobile applications.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Coliving and/or its affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Coliving with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Coliving with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions contact firstname.lastname@example.org
©2018 Coliving Inc. All rights reserved.