1. You Agree to These Terms by Using the Portal
2. Permitted Use of the Portal
3. User-Submitted Content
The Portal may, from time to time offer interactive features that allow users to interact and submit content to the Portal (“Interactive Services”). You are solely responsible for all content, information and materials that you upload, post, email or otherwise transmit via or to the Portal, through our Interactive Services or otherwise, including without limitation the submission of product ratings and reviews profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other data, materials or information (collectively, “Content”). Hyperspace does not and cannot review all Content and cannot guarantee the accuracy, integrity or quality of such Content.
You acknowledge that by providing the ability to view and distribute your Content on the Portal, Hyperspace is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Hyperspace reserves the right to block or remove Content that it determines to be unacceptable to Hyperspace in its sole discretion. Under no circumstances will Hyperspace be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Portals or through the Interactive Services.
You may not upload to, distribute, or otherwise publish through the Portal any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Harassment in any manner or form on the Portal, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hyperspace employee, forum leader, guide, host, or representative, as well as other members or visitors on the Portal, and falsely stating or otherwise misrepresenting your affiliation with a person or entity, are strictly prohibited. Further, you may not use the Portal or Interactive Services to collect or store personal data about other users.
If your Content includes ideas, suggestions, documents or proposals to Hyperspace, then you agree that: (a) such Content is not confidential or proprietary and Hyperspace has no obligation of confidentiality, express or implied, with respect thereto; (b) we may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Hyperspace under any circumstances unless you are otherwise specifically notified by Hyperspace in writing.
4. Third-Party Content and Sites
Hyperspace does not endorse any Third Party Content or the content, or any products or services available, on any Third Party Sites. Nonetheless, Hyperspace seeks to protect the integrity of the Portal and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work).
You may visit the Portal without registering, but in order to enjoy all content and benefits of the Portal, you must register with Hyperspace through the account registration process made available on the Portal. To register your account, you must provide a valid email address and create a password. You are solely responsible for the security of your passwords and will be solely liable for any use or unauthorized purchases or other use of the Portal through your account. You must also provide and keep your account up-to-date with accurate and complete account information, including name, address, credit card number and expiration dates.
If you have any questions regarding your account, please contact us as described in the “Contact Us” section below.
6. Reservation of Rights
7. Product and Service Information
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 Hyperspace.
You agree that by placing an Order on the Portal, you are submitting an irrevocable offer to Hyperspace and are agreeing to be legally bound to such Order and you agree to pay all charges that may be incurred by you or on your behalf through the Portal, at the price(s) in effect when such charges are incurred including, without limitation, all processing and service fees and gratuities. In addition, you remain responsible for any taxes that may be applicable to your Orders. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
You are aware that the Portal will submit online queries to our order management personnel and/or system and that information provided to you in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and confirmation of the Order. Your Order is not finalized and accepted by Hyperspace until you have received a confirmation from us by email indicating that your Order has been accepted by Hyperspace; in the event that pricing or availability of products or services has changed prior to confirmation, Hyperspace will notify you and obtain your consent prior to confirmation of such Order. Hyperspace shall charge the Payment Method for the deposit and/or payment amount indicated at the time placing the Order (or such other amount as indicated by Hyperspace and accepted by Customer prior to confirmation) at the time of Order confirmation. Except as otherwise expressly set forth herein, all amounts paid are non-cancellable and non-refundable for any reason. In the event that the entire amount of your Order is not paid in advance at the time of confirmation as indicated at the time of placing your Order, you hereby authorize Hyperspace to charge your Payment Method for the balance of such Order amount upon the time indicated at the time of placing your Order or, if non such time is indicated, 0 days prior to the date of your event or other delivery of your Order, as applicable (the “Final Balance Due Date”).
All descriptions, images, references, features, content, dimensions, specifications, locations, capabilities, amenities, varieties, and prices of products, services, and venues described or depicted on the Portal are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Portal does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of any product or service purchased from the Portal. By placing an Order, you represent that you will conduct and/or utilize the products and services and any corresponding events only in a lawful manner. Hyperspace reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Order(s); and (d) refuse to provide any user with any product or service.
9. Fraud Protection
10. Typographical Errors
11. Event Terms and Conditions
In the event that your Order includes an Event, including conference, party or other event rentals of our facilities, venues or any portion thereof (such Hyperspace facilities or venues, the “Facilities”), you hereby expressly agree to the following terms and conditions relating to such Event:
A. Authorized Use
The rental time begins and ends as indicated in the Order confirmation, and may only be extended only with Hyperspace’s express prior written approval. Events that extend past the agreed time will be billed accordingly for the additional time in the Facilities and any additional products and services provided in connection therewith.
The Facilities shall be used by you and your invitees, guests, contractors, vendors, agents or other individuals under your management, supervision, or invitation (collectively, “Invitees”) for the sole purpose of conducting the Event and for hosting the Event, and for no other purpose whatsoever, and in such a manner so as to not materially interfere with the use of Hyperspace’s common areas and other facilities or portion thereof by tenants, contractors and invitees. The Event shall be in full compliance with all laws, statutes, ordinances, codes and regulations pertaining thereto and the policies of insurance maintained by Hyperspace and/or the property owner for the Facilities (if not Hyperspace).
You shall conduct no illegal act at the Facilities. You shall not perform any act or carry on any practice which may injure the Facilities or the Hyperspace’s other facilities. Additionally, you shall not perform any act or carry on any practice which may cause offensive odors or loud noise or constitute a nuisance or menace to any other occupant of Hyperspace’s facilities. If the Event creates a disturbance due to high noise volume, Hyperspace’s onsite manager has full authority to ask you and/or any live music or entertainment presenter to turn the noise down and/or off. If repeated disturbances are created, at Hyperspace’s discretion, you may be expelled from the property or the offending noise will be ended. If there are disturbances to the point of expulsion, no portion of the Event costs will be refunded to you. No animals of any kind shall be brought into the Facilities, other than as provided by law with respect to service animals. Animals may not be kept inside a vehicle in the parking area.
Any alcoholic beverages at the Event shall be served by licensed and insured individuals designated by Hyperspace, and shall not be dispensed on a “self-service” basis. Additionally, Hyperspace reserves the right, in its exclusive discretion, to expel anyone who in its judgment is intoxicated or under the influence of alcohol or drugs, or who shall in any manner do or participate in any act jeopardizing the rights, use permit, or insurability of Hyperspace or the Facilities or the safety of any staff, guests or contents.
B. No Outside Food or Beverages; Additional Orders
No food or beverages are permitted to be brought into the Facilities by you or your Invitees without Hyperspace’s express prior written consent. All such items may be subject to a food and beverage service charge. In the event that Hyperspace, at the request of you or your Invitees, furnishes any food, beverages, or any other products or services not provided for in your Order, you agree to pay the amount of such products and/or services to Hyperspace at our then-current rates.
C. Condition of the Facilities
You shall inspect inspected the Facilities prior to the Event and accept the Facilities in their then-current “as-is” condition without any work or improvement required to be performed.
You shall not make any improvements to, or install any fixtures at, the Facilities or display or erect any signs, lettering or advertising at the Facilities without Hyperspace’s prior written approval, which may be granted or withheld in Hyperspace’s sole and absolute discretion. Further, only staff of Hyperspace may rearrange and move any furnishings, including, but not limited to, artwork, lamps, or seating. No nails, screws, tape, staples or penetrating items are to be used on our walls or floors without prior permission by a representative of Hyperspace.
The Facilities will be in clean condition prior to the Event. You are required to return the Facilities to the same condition in which they were delivered with all personal property of you or your Invitees removed. You shall pay in advance for estimated clean-up costs of the Facilities, in the amounts set forth at the time of placing the Order (if any), and if the actual clean-up is consistent with the estimated costs, you will not be charged for any additional clean-up costs. In the event that the actual costs to clean the Facilities are in excess of such estimated costs, you shall reimburse Hyperspace for such costs within ten (10) days after receipt of an invoice for such additional costs. All damages, repair and replacement costs resulting from any misuse of the Facilities, including without limitation any plumbing or fixtures therein, during the Event shall be borne by you.
You agree that Hyperspace’s staff may enter and exit the property during the course of the Event. Hyperspace is not responsible for checking in or handling any items brought into the venue by you or Invitees. All excess material created by deliveries must be removed and disposed of by rental company or you. Limited storage may be available upon request and approval by Hyperspace. It is you responsibility to ensure that pickups are scheduled and executed in a timely manner.
Hyperspace assumes no responsibility for damages or loss of any merchandise or articles brought into the Facilities or the surrounding areas by the you or your Invitees. You are solely responsible for all damage to any areas of the Facilities by Invitees. You expressly agree to reimburse and hold harmless Hyperspace for the fair value of any damages or losses caused to the Facilities or to the third persons or their property by you or any Invitees.
D. ADA Compliance
E. Cancellation Policy
F. Disclaimer and Release.
To the maximum extent allowed by applicable law, Hyperspace expressly disclaims any and all responsibility and/or liability for the physical safety of your property, and for that of your owners, members, managers, officers, attendees, employees, agents, vendors, contractors and other Invitees and any and all of their respective successors and assigns (collectively, the “Releasing Parties”). You, on behalf of yourself and all Releasing Parties, hereby expressly waive any claim, action, cause of action or any other right which may accrue or arise as a result of any damage or injury to the person or property of any of the Releasing Parties, except to the extent due to the gross negligence or willful misconduct of Hyperspace or its members, managers, employees, agents or contractors. Further, in addition to the indemnification set forth elsewhere in these Terms or Use, the Releasing Parties shall indemnify, defend and hold harmless Hyperspace and its respective owners, members, managers, officers, agents, employees, contractors, consultants and their respective successors and assigns (collectively, the “Released Parties”) from any and all costs, damages, judgments, expenses, claims and causes of action (including reasonable attorneys’ fees) which may accrue or arise as a result of any personal injury, property damage or death arising out of or in connection with the Event, except to the extent caused by the gross negligence or willful misconduct of the Released Parties. You agree that, as between you and Hyperspace, it is your sole and absolute responsibility to advise your employees, agents, contractors and Invitees as to necessary and appropriate safety precautions.
12. Event Code of Conduct
A. Expected Conduct
- Be considerate and respectful to each other;
- Refrain from harassing, discriminatory or demeaning conduct;
- Alert a member of Hyperspace management or staff if they observe any conduct that violates this Event code of conduct;
- Comply with all rules, policies and procedures of the facilities at which any Event is being held; and
- Comply with all applicable laws and regulations in the state where the Event is being held.
Hyperspace expressly prohibits harassment and discrimination based on race, color, religion, national origin, sex, age, pregnancy, genetic information, military and veteran status, marital status, personal appearance, gender identity or expression, sexual orientation, disability or perceived disability (physical or mental), family responsibilities, political affiliation, or any other legally protected characteristic. Examples of conduct prohibited by this Event code of conduct include, without limitation:
- Sexist, racist, homophobic or other discriminatory jokes, slurs, insults or comments;
- Unwelcome sexual advances, whether verbal or physical;
- Display of sexualized images;
- Stalking, whether in person or online;
- Threatening or intimidating language or physical conduct; and
- Inappropriate photography or recording.
If any Attendee believes s/he/they or another Attendee has been subject to conduct that violates this Event code of conduct, or witnesses such conduct, s/he/they should report the violation to a member of Hyperspace management or staff while on-site at the Event or as soon after the Event as possible. Any member of Event staff who receives such a report or who witnesses inappropriate conduct must notify a member of Hyperspace management on site at the Event, or contact the Hyperspace Human Resources and/or Legal Department as soon as possible. All reported concerns will be treated seriously and investigated promptly. All Attendees are expected to cooperate fully and honestly with any investigation.
Attendees asked to stop any harassing behavior are expected to comply immediately. At Hyperspace’s sole discretion, any violation of this Event code of conduct may result in removal from or denial of access to the Event without a refund of any applicable registration fees, and/or disqualification from attendance at future Events.
Hyperspace will not tolerate any actual or attempted reprisals or retaliation against individuals who raise in good faith a concern that this Event code of conduct has been violated, or who participate in the investigation of such a concern. Hyperspace takes all allegations of harassment and discrimination seriously and is committed to ensuring an Event environment that is free of any harassment or discriminatory activities.
13. Force Majeure
14. Notice; Electronic Communications
17. Disclaimers; Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ALL ORDERS, CONTENT, INTERACTIVE SERVICES, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE PORTAL OR A THIRD PARTY SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE PORTAL AND ALL ORDERS, CONTENT, INTERACTIVE SERVICES, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE PORTAL OR A THIRD PARTY SITE RESIDES WITH YOU. HYPERSPACE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. HYPERSPACE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PORTAL.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HYPERSPACE MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE PORTAL WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE PORTAL WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR PLACING ORDERS, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PORTAL WILL BE SECURE; (V) THE USE OF THE PORTAL WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PORTAL WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE PORTAL IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.
THE PORTAL IS OFFERED IN JURISDICTIONS WHERE IT MAY BE LEGALLY OFFERED. THE PORTAL AND THE CONTENT OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.
The Hyperspace Los Altos trademark(s) and the other trademarks, slogans and designs on the Portal (the “Marks”) are our property. The Marks may not be used by you without our consent.
All content included on the Portal, such as designs, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, the selection arrangement thereof, and all software, is the property of Hyperspace or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Portal is the exclusive property of Hyperspace and protected by United States and international copyright laws. All software used on the Portal is the property of Hyperspace or its software suppliers and protected by United States and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Portal for the sole purpose of placing an Order with Hyperspace, using the Interactive Services or using the Portal as a shopping resource. Any other use of materials on the Portals, including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance, without the prior written permission of Hyperspace is strictly prohibited. You agree not to change or delete any proprietary notices from materials printed or
downloaded from the Portal.
20. Copyright Complaints
21. Export Control
Hyperspace does not authorize the downloading or exportation of any software or technical data from the Portal to any jurisdiction prohibited by the United States Export Control Laws.
22. Law and Jurisdiction
23. Mandatory Arbitration
Los Altos Arcade LLC
Attn: Robert Hindman
127 First Street
Once received, you agree to provide us with sixty (60) days to attempt to resolve your issue, subject to a good faith effort on both our part and yours to reach such a resolution. If, after 60 days no such resolution has been reached, you may file an individual claim for arbitration with the American Arbitration Association. At no time may your claim for arbitration be filed as part of a class or representing the interests or claims of more than one individual.
Hyperspace reserves the right, but not obligation, and at its sole determination to consolidate claims for arbitration where:
- The claims for which arbitration is sought are substantially similar in nature based on the parties
involved, the date, time or product at issue, and the nature of any claimed injury or damages;
- The claims are filed within a six-month period of time;
- And/or the claims are filed by a small number of law firms or attorneys.