Spacebar

Service conditions

Service conditions applicable as of March 20th, 2023

General

General Description. Certain services provided by Spacebar or its current or future affiliates (collectively, "Spacebar" or "we" or "us") may require a user ("User" or "you") to register for and maintain a Spacebar Membership on the Spacebar Member Portal to use or access such services. These Spacebar Member Portal Terms and Conditions describe your rights and obligations in connection with your use of the Spacebar Member Portal. Please read these Spacebar Member Portal Terms carefully, as they affect your legal rights. Among other things, these Spacebar Member Portal Terms include your agreement that, except for certain types of disputes described in "Applicable Law; Arbitration and Class Action Waiver" below, you agree that, to the maximum extent permitted by applicable law, disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit. For additional information, please see the section entitled "Applicable Law; Arbitration and Class Action Waiver." If you have any questions about these Spacebar Member Portal Terms, please send an email to info@spacebar.mx with the subject line "Spacebar Member Portal Terms of Service." By accessing or using the Member Network in any manner, you agree to comply with and be bound by these Spacebar Member Portal Terms. From time to time, we may modify or update these Spacebar Member Portal Terms. If you use the Spacebar Member Portal after any such change, you agree to these modified Spacebar Member Portal Terms. For clarity, these Spacebar Member Portal Terms apply to your use of the Spacebar Member Portal and the services available through the Spacebar Member Portal; the terms of your use of our physical space or payment for your Membership or spaces, and payment therefor, are subject to the terms and conditions you received or agreed to when you joined the Spacebar community.

Who We Are. For purposes of this Agreement, we are the Spacebar Entity Name listed on the Membership Form available at https://spacebar.mx/miembros/bienvenida. We reserve the right to change the legal entity that charges you for the Services. The entity with which you enter into this Agreement will be referred to in this Agreement as "we", "our" "us" or "Spacebar".

Additional Policies, Terms and Services. You acknowledge that your use of the Spacebar Member Portal is also subject to our Privacy Policy. If you have any questions about our privacy practices, please contact us at info@spacebar.mx. From time to time, additional features, tools or services may be made available to you through the Spacebar Member Portal. Additional terms may apply to such additional services and, to the extent you receive additional services, the applicable additional terms are incorporated into these Spacebar Member Portal Terms. For more information about these terms of service or your use of the Spacebar Member Portal, please contact info@spacebar.mx with the subject line "Spacebar Member Portal Terms of Service".

Who You Are. References to "Member Company", "Company", "you", "your", "your team", and similar words in this Agreement indicate the entity or person registering for or receiving the Services, and agreeing to be bound by this Agreement. If you enter into this Agreement on behalf of an entity or on behalf of other persons, you represent and warrant that you have all right, authority and consent necessary to bind such entity or persons to this Agreement. You shall be responsible for your Members' compliance with this Agreement. In addition, by agreeing to this Agreement, you confirm that you and your Members will use the Services solely for business purposes and not as consumers (as such term is defined in applicable laws and regulations within the jurisdiction of the laws governing this Agreement).

What the Spacebar Member Portal is not. As used in these Spacebar Member Portal Terms, "Portal" does not include, and we are not involved in or responsible for, the provision of products or services by third parties (including other Spacebar members) ("Third Party Services") that you may encounter through your use of the Spacebar Member Portal or that you may choose to purchase in connection with your Spacebar membership. Third Party Services are provided solely by the applicable third party ("Third Party Service Providers") and pursuant to separate agreements between you and the applicable Third Party Service Providers. The terms and conditions of the Third Party Service Providers shall prevail with respect to the relevant Third Party Services.

How we may change the Member Network or these Spacebar Member Portal Terms. The availability of the Spacebar Member Portal and the content and services you access or use through the Spacebar Member Portal are subject to change from time to time in our sole discretion, and we may change, suspend or discontinue the Portal in whole or in part at any time in our sole discretion. From time to time, we may also make modifications, deletions or additions to these Spacebar Member Portal Terms. We may also impose limits or restrict your access to the Portal without notice or liability. We will send you notice of changes to these Spacebar Member Portal Terms or the services we provide that apply to you by emailing you at the last email address you provided in your profile or by posting a notice on the Portal. Most changes will be effective immediately upon notice. It is also your responsibility to check these Spacebar Member Portal Terms periodically for changes. If you do not agree to the changes, you may cancel your account, but please note that you may not be able to access many Spacebar services without a Spacebar Member Portal account and that there are no refunds for early termination of certain Spacebar services. Your continued use of the Spacebar Member Portal following notice of any changes to these Spacebar Member Portal Terms constitutes acceptance of those changes, which will apply to your continued use of the Spacebar Member Portal in the future. Your use of the Spacebar Member Portal is subject to the Spacebar Member Portal Terms in effect at the time of such use.

Creating your Spacebar Member Portal Account

Eligibility. The Spacebar Member Portal is available to persons who are at least 18 years of age, unless we specify otherwise (including in the last section of these Spacebar Member Portal Terms), provided that you must be at least 18 years of age to use any service that requires payment by you (as applicable, the "Eligibility Age"). Please make sure you meet the requirements before accessing or using the Portal in any way. No one under the Eligibility Age may access or use the Portal or provide personal information through the Spacebar Member Portal (e.g., name, address, phone number or email address). You agree to provide us with accurate and complete information about yourself when you register for an Account and when you use the Portal. By using or accessing the Portal in any manner, you represent and warrant that you comply with the requirements of these Spacebar Member Portal Terms or as otherwise specified by us from time to time, including age eligibility.

Passwords. Do not disclose your Account password or other access credentials to anyone else (or allow them to use your Account), even if that other person is associated with your Company (defined below). You are responsible for maintaining the confidentiality of your password and the security of your Account. If you believe that someone may have used your Account without your authorization, please change your password and contact us at info@Spacebar.mx. You are responsible for all actions related to your account, regardless of whether you authorized such actions.

Management of Company Accounts. Only one person at a Company will have the right to control the Company's account on the Portal ("Company Account") and designate which other individual users are associated with that Company (such person, a "Company Representative"). If the Company has a membership with us, the Company Representative will generally be the person identified as the "Primary Member" in the applicable Spacebar membership agreement. If you create accounts for a Company or use a Company Account, you hereby warrant and represent to us that (a) you have appropriate authority to create, terminate and maintain the Company Account and to add and remove individual users and members to and from the Company Account; (b) you have obtained all necessary consent from any applicable individual for the creation of your Accounts and the processing of their individual information within and outside of the Republic of Mexico; and (c) all information you provide in connection with the creation of such Accounts is accurate, complete and current.

Content in the Spacebar Member Portal

Content. The information, data, text, photographs, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise accessible on or through the Spacebar Member Portal (collectively, "Content") are contributed by various parties in the Spacebar community, which may include Spacebar, our partners, various third parties and persons employed by or affiliated with companies that receive services from Spacebar ("Spacebar Member Companies"). The Content and the Member Network are protected by copyright laws. We and our licensors retain all ownership rights in the Member Network and content available on or through the Spacebar Member Portal, except that our users own their submitted user content (defined below), and except as expressly set forth in these Spacebar Member Portal Terms, no rights are granted to any content. As far as we are concerned, Spacebar content includes the Spacebar name and any images or illustrations of our locations, which may not be used for advertising, publicity or any other purpose without our prior consent.

Use of Portal Content. Subject to these Spacebar Member Portal Terms, we grant each user of the Spacebar Member Portal a worldwide, non-exclusive, non-sublicensable, non-sublicensable, non-transferable license to use (i.e., download and display locally) content solely for the purpose of using the Member Network.

Restrictions on Use of Spacebar Content. Please note that the license grant in the preceding section does not permit any user to download contact or other information about Spacebar Members or member companies available through the Spacebar Member Portal, which is strictly prohibited unless authorized by the applicable member or person. Using, downloading, displaying, reproducing, reproducing, modifying, distributing or storing any content for purposes other than interacting with other Spacebar Members on the Member Network is expressly prohibited without our prior written permission. You may not sell, license, rent or otherwise use or exploit any content for commercial use or in any way that violates any rights of Spacebar or any third party.

Availability of Content. We do not guarantee that any content will be available on the Portal. We reserve the right, but have no obligation, to, (a) monitor, remove, edit or modify any content, including user content (defined below), in our sole discretion, at any time, without notice and for any or no reason; (b) remove or block any content, including user content, from the Spacebar Member Portal; or (c) republish on the Member Network any content, including user content removed by a user (including the user who contributed such content).

Spacebar Intellectual Property. You do not acquire any ownership rights in our intellectual property by accessing or using the Member Network. You may not take, copy or use for any purpose (a) the name "Spacebar" or any of our other trade names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property; (b) any modified, altered or similar version thereof or (c) any image or illustration of any part of the Spacebar properties, including properties on which Spacebar provides any services ("Facilities"), for any purpose, including any for competitive purposes, without our prior consent. You may not use any content, data or other information you receive or access in connection with the Portal to solicit any of Spacebar's customers or partners, or other persons or entities you encounter in connection with your use of the Spacebar Member Portal, in a manner that could be considered competitive or detrimental to Spacebar, as determined by Spacebar in its sole discretion.

User content

Spacebar's Use of User Content. By contributing, posting, submitting or otherwise making any content available to or through the Portal (such content, "User Content"), you hereby grant to Spacebar a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable license to use, edit, modify, truncate, add, reproduce, distribute, prepare derivative works of, reproduce, distribute, distribute, distribute or otherwise make available any User Content, including, but not limited to, any content that you submit to or through the Portal. You hereby grant Spacebar a non-exclusive, sublicensable (through multiple tiers) and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works, display, perform and otherwise use the User Content for commercial and non-commercial purposes, and to permit others to do so, in any media now known or hereafter developed, without any duty to notify you or provide you with attribution or compensation. You acknowledge and agree that Spacebar and other users may access User Content that you contribute to the Portal, even after termination of your Account, and that once you contribute User Content to the Portal, you may not be able to remove it. We reserve the right to store, archive, republish or otherwise make available any User Content contributed to the Portal at any time after such User Content is contributed.

Public Content. If you post User Content on public portions of the Spacebar Member Portal, or portions of the Spacebar Member Portal that are viewable by all other users, you acknowledge and agree that such User Content ("Public User Content") will be accessible by others. You grant each user of the Spacebar Member Portal a non-exclusive perpetual license to access your public user content and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such public user content solely in connection with your use of the Spacebar Member Portal in accordance with these Spacebar Member Portal Terms and any other policies or guidelines made available by Spacebar.

Intellectual Property. The foregoing license grants do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content (provided that they do not conflict with the license grants set forth in these Spacebar Member Portal Terms) unless you agree otherwise in writing. Similarly, unless expressly authorized in these Spacebar Member Portal Terms or by the relevant person or entity to which the content pertains, you may not take, copy, modify, publish, transmit, distribute, perform, display or sell information belonging to persons or entities.

Restrictions. In short, do not post User Content that: (a) is inappropriate, vulgar, pornographic, criminal or otherwise objectionable; (b) belongs to another person; or (c) would disrupt the professional work environment, as Spacebar may decide in our sole discretion. To be more specific, you promise that you will not contribute any user content or take any action that:

infringes or violates the intellectual property rights or proprietary rights of any third party,
discloses any restricted, confidential or proprietary information of others, including trade secret or private information of any other party, such as another person's credit card number, social security number or driver's license number, unless you are the owner of the information or have the owner's permission to post it;
violates any law, statute, ordinance or regulation;
is prohibited by any employment, contractual or legal obligation or relationship;
promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or promotes stalking or intimidation of another person or is harmful, fraudulent, inaccurate, misleading, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderous or otherwise objectionable;
harms minors in any way;
violates the privacy of any individual or entity;
involves spam, the sending of mass solicitations or any other commercial and/or sales activity without our prior written consent; - impersonates any person or entity; or
impersonates any person or entity, including, without limitation, any employee or representative of Spacebar or other person or entity receiving Spacebar services ("Spacebar Member"), or implies that any statement you make is endorsed by Spacebar, a Spacebar Member or a Spacebar Company Member, without the consent of the appropriate party;
is connected with any business that is illegal, fraudulent or otherwise improper or objectionable;
contains a virus, Trojan horse, worm, time bomb or other harmful computer code, file or program;
uses any software, device or other manual or automated process to "crawl," "scrape" or "spider" any page of the Spacebar Member Portal;
collects e-mail addresses or other contact information from users without their prior consent; or
"frames" or "mirrors" any part of the Spacebar Member Portal or attempts to decompile, reverse engineer or otherwise attempt to derive source code from the Spacebar Member Portal.

Legal Compliance; Contributing Content. You represent and warrant that you have the necessary rights in your User Content to grant the rights required by these Spacebar Member Portal Terms. You understand that you are legally responsible for all of your User Content under all applicable U.S. and international laws and you represent and warrant that your User Content and use of the Spacebar Member Portal will not violate any law or the rights of any person or entity. In some limited circumstances, authorities may seek to enforce the laws, rules or regulations of other countries, including local laws where you live or view or contribute content, and we cannot provide any protection, warranty, immunity or indemnification in such situations. These Spacebar Member Portal Terms are void where prohibited by law, and the right to access the Portal is revoked in such jurisdictions.

Protection of Intellectual Property for Other Users. You may not take, copy or use, directly or indirectly, any information or intellectual property belonging to other members or member companies or any of their guests, including, without limitation, personal names, likenesses, voices, trade names, trademarks, service marks, logos, trade dress or other identifiers or intellectual property, or modified or altered versions thereof.

Content removal

You may delete your user content. You may delete your User Content from the Spacebar Member Portal at any time. Deleting your User Content will cause your User Content to no longer be visible to other users of the Spacebar Member Portal, but (a) we may still retain your User Content, in accordance with our data retention policy and (b) third parties may still access your User Content to the extent such User Content has been viewed and retained by third parties on their respective devices. Even if you delete your content or terminate your account, you agree that our license to your user content will continue as specified in these Spacebar Member Portal Terms. If you delete your user content, all comments to such user content, including comments from other users, to the extent applicable, will also be deleted. Please note that deleting your User Content does not delete your account profile, which may remain on the Portal even after your account terminates or expires.

We may remove content. We have no obligation to monitor any User Content. Nor can we guarantee that any User Content is accurate or otherwise complies with these Spacebar Member Portal Terms. We may, at our discretion and without notice, edit, delete or move any Submission or any information transmitted to or from your account. We may do this at any time and for any reason. If we provide a notice that we have reviewed any user content, it does not mean that we have verified the information in the user content.

Account termination

Termination of Portal Accounts. A Spacebar Member Portal account is required to access and use most Spacebar services, so you may not be able to terminate your Spacebar Member Portal account while you intend to continue to receive such services, such as booking conference rooms, registering guests, etc. If you wish to terminate your Portal account, you acknowledge and agree that you are giving up your ability to access and use any Spacebar services that require a member network account. You may terminate your Spacebar Member Portal account by contacting a Spacebar account manager or, if the option is available to you, by deactivating your Spacebar Member Portal account through the Spacebar Member Portal.

Termination of an Account Linked to a Company. If your account was created by a Company, (a) an authorized representative of such Company may terminate your account at any time by contacting us and (b) we may terminate your account, in our discretion, even if the Company's account remains active. You may terminate your account, even if you continue to be employed or contracted by such Company. Termination or cancellation of your account by a Company will be effective immediately upon our receipt of notice of such termination or cancellation.

Termination by us. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Spacebar Member Portal Terms or any other Spacebar policy, rule or guideline, or at such other time as we, in our sole discretion, deem appropriate, we may, in our sole discretion, restrict your access to your Account and the Member Network and/or terminate your account or membership effective immediately and possibly without notice. If your Spacebar membership or your company's Spacebar membership expires or is terminated, and you do not enter into a different Spacebar membership, either directly or through another company, we may terminate your account, as well as all other accounts associated with you or your business, if any.

Effect of Termination. Please note that unless we decide to delete your previously contributed User Content, your User Content and the profile information associated with your account, including the profile itself, may remain publicly available and attributable to you, even after termination of your account.

Copyright Dispute Policy

Removal Procedure. It is our policy to remove or disable access to any content on the Portal that infringes any copyright after the copyright owner (or its legal agent) has notified us in accordance with the Copyright Act. If you believe that any content on the Spacebar Member Portal infringes your copyright, you may request removal of those materials from the Spacebar Member Portal by providing the following information by sending an email to info info@spacebar.mx stating:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
Identification of infringing works or materials;
Identification of the material that is allegedly infringing, including information about the location of the infringing materials that the copyright owner seeks to remove, with sufficient detail for us to find and verify their existence;
Contact information about the notifier, including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent or the law; and
A statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to file the complaint on behalf of the copyright owner.

Disclaimer of warranties; limitations of liability

Limits. For the avoidance of doubt, nothing in these Spacebar Member Portal Terms shall exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied term which cannot be lawfully excluded.