Terms of Use

SPACEBLENDER TERMS OF USE

1. ACCEPTANCE OF TERMS

SpaceBlender.com (hereinafter referred to as “the Site”) provides a collection of online advertisements for space available to rent or buy for purposes including but not limited to housing, events, storage, business, and parking. Use of the Site includes posting ads as well as searching ads and accessing the Site for any reason. Use of the Site is subject to the Terms of Use ("TOU") as contained in this agreement. By using the Site, you agree to comply with the TOU, which may change from time to time.

Should you disagree with any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, your sole remedy is to immediately discontinue use of the Site. Use of the Site is an express acceptance of the TOU.

MODIFICATIONS TO THIS AGREEMENT

The Site reserves the right, at its sole discretion, to change, modify or otherwise alter any terms or conditions of the TOU at any time. Any modifications shall be posted on the Site and become effective immediately upon such posting. It is the sole responsibility of the user of the Site to review the TOU agreement on a consistent basis to remain apprised of any alterations.

CONTENT

You agree that all content posted on, transmitted through, or linked from the Site, including text, files, images, video, sounds, or other materials ("Content"), are the sole responsibility of the person posting the Content. Any person posting any Content is entirely responsible for each and every item of the Content posted, emailed or otherwise made available via the Site. You agree that the Site does not control, and is not responsible for, Content made available through the Site. You further agree that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and/or the Content available on the Site may contain links to other websites, which are completely independent of the Site, and you understand that the Site makes no representation or warranty as to the accuracy, wholeness or legitimacy of the information contained in any such site. You understand and agree that linking to any other website is done at your own risk. You agree that it is your responsibility to evaluate any Content, and that relying on said Content is your own choice and will, and that you bear any and all risks associated with the use of and/or reliance on any Content. Further, you understand and agree that under no circumstances will the Site be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Content posted, emailed or otherwise made available on or through the Site. You understand that the Site does not pre-screen or approve Content, and while not obligated to do so, reserves the right in its sole discretion to refuse or remove any Content that violates the TOU, the law, or for any reason.

THIRD PARTY CONTENT, SITES, AND SERVICES

The Site and Content available through the Site may contain information on or links or access to third party content. You understand that such third party content, including any web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole, is completely independent of the Site.

Your communications and interactions with any organizations and/or individuals through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree to release the Site from any responsibility or liability for any loss or damage incurred as the result of any interaction with or reliance on any third party. You understand that the Site is not obligated to become involved in any disputes between users of the Site, or between users of the Site and any third party. You further hereby release the Site from all claims or damages of any kind relating to such disputes. Moreover, all California residents agree to waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

PRIVACY POLICY

The Site has created a Privacy Policy setting forth how information about you is collected, used and stored. By using the Site, you acknowledge and are in full agreement with the Privacy Policy posted on the Site.

POSTINGS AND CONDUCT

You agree, without limitation, not to post or otherwise make available Content:

that is illegal, harmful, threatening, harassing, defamatory, libelous, abusive, or invasive of another's privacy in any way;
that is pornographic or contains any images of sexual conduct;
that discriminates against, or harasses or degrades, an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates the Fair Housing Act which makes it illegal to advertise any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intent to make any such preferences, limitation, or discrimination.
that impersonates any person or entity;
that includes any identifying or personal information about another person without the explicit consent of that person;
that is false, misleading, deceptive, deceitful, or misinformative;
that you do not have a right to make available by any law or contractual obligation or fiduciary relationship;
that interferes with or infringes on the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that interferes with the ordinary flow of communication of the Site, such as excessive amounts of Content (flooding attack) to the Site, or that in any other way adversely affects the ability of others to use the Site; or
that contains misleading email addresses, or forged headers or other fraudulent identifiers in order to conceal the origin of Content transmitted through the Site.

Additionally, you agree to refrain from the following conduct:

contacting anyone who does not want to be contacted;
stalking or harassing anyone;
obtaining personal data about other users for commercial or unlawful purposes;
using automated means, such as spiders, robots, crawlers, data mining tools, or the like to download data from the Site (unless expressly permitted by the Site);
posting non-local, irrelevant, disproportionately or unreasonably large, or otherwise inappropriate Content;
attempting to gain unauthorized access to the Site's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.

PAID POSTINGS

The Site retains the right to charge a fee to post Content on the Site. Each party posting Content to the Site is responsible for such Content and is obligated to be in compliance with the TOU. Should the Site remove any Content for violation of the TOU, any and all fees paid will be non-refundable. The amount and other conditions regarding the fee will be posted on the Site and are subject to change at any time. Any alteration of fee terms and conditions will be posted on the Site and will take effect at such time it is posted.

LIMITATIONS ON SERVICE

You understand that the Site may establish restrictions or limits concerning its service. Such restrictions or limitations may apply to any provision or condition of the Site, including, but not limited to, the maximum number of days that the Site will keep your Content posted, the maximum size and number of any postings, email messages, or other Content transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that the Site has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that the Site reserves the right at any time to modify or discontinue its service, whether partially or wholly, with or without notice, and that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

TERMINATION OF SERVICE

The Site has the right, but not the obligation, to terminate your access to the Site for any reason if we believe you have violated the TOU in any manner. You agree not to hold the Site liable for such termination or attempt to use the Site after termination.

COPYRIGHTS AND TRADEMARKS

All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site and its owners and licensees the right to reproduce, distribute, translate, archive and create derivative works of the posted content.
Users may not use the Site to infringe upon the patent, copyright, trademark, or intellectual property rights of others.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND IN THE CLASSIFIEDS ON THE SITE. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SPACEBLENDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANYASPECT OF YOUR USE OF THE SPACEBLENDER SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SPACEBLENDER SITE, FROM INABILITY TO USE THE SPACEBLENDER SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SPACEBLENDER SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SPACEBLENDER SITE OR ANY LINKS ON THE SPACEBLENDER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SPACEBLENDER SITE OR ANY LINKS ON THE SPACEBLENDER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME OF THE ABIVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold the Site, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

JURISDICTION AND CHOICE OF LAW

The TOU shall be governed by, construed and enforced in accordance with the laws of the State of California, outside of its choice of law rules, as it is applied to agreements entered into and to be performed entirely within such State. Any action you or any third party may bring to enforce the TOU, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in California, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL

This TOU constitutes the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site.

SEVERANCE AND WAIVER

You acknowledge and agree that if any provision of the TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that the Site will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

The Site's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.