Terms and Privacy

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Terms and conditions

CURBSPACE TERMS OF USE AGREEMENT

Welcome to Curbspace, operated by Pink Comet Ltd., located at 244 Fifth Avenue, Suite L258, New York, NY 10001 ("Curbspace," "we," or "our").

By using the website located at www.getcurbspace.com, the related mobile website, and the mobile application called "Curbspace" (the "App") (collectively, the "Websites"), you agree to be bound by these Terms of Use (this "Terms of Use" or "Agreement"), whether or not you register as a member of Curbspace ("Member"). If you wish to become a Member and/or make use of the service (the "Service"), please read this Agreement. If you object to anything in this Agreement or the Curbspace Privacy Policy, do not use the Service.

This Agreement is subject to change by Curbspace at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Curbspace's posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Curbspace from time to time, such modifications to be effective upon posting by Curbspace on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention.

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. License for Mobile Application

Curbspace grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the Ap on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

3. Eligibility.

You must be at least 18 years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

4. Commercial Use of Service.

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;

b. You have read and understand this Terms of Use; and

c. You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Curbspace, which may be revoked at any time, for any reason, in Curbspace's sole discretion.

5. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Curbspace of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Curbspace will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Curbspace account.

6. How it Works;

Curbspace is a service which rents out converted buses on an hourly basis to customers located in parts of Queens & Brooklyn, NYC. The customer selects a duration and time for a booking, proceeds with the booking, is charged from his credit or debit card and receives access to the bus for a set period with a unique PIN which expires after his booking duration is complete.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

Liability for personal injury and death

a) In the event of an accident occurred during the booking with Curbspace, Pink Comet Ltd shall not be liable for any such damage sustained if:

- the death, wounding or any other bodily injury resulted from the state of health, physical or mental, of the passenger (such as, but not limited to pregnant women, persons with visible or declared physical or mental handicap, persons complaining for an inadequate state of health or for worsening the state of health at the embarking time, etc.);

- the damage has been caused or contributed to by the negligence or other wrongful act or omission of the passenger;

- Pink Comet Ltd. has taken all necessary measure, to avoid the damage or it was impossible for Pink Comet Ltd. to take such measures.

b) In case of death or personal injury suffered by a passenger in the event of an accident during the booking of Curbspace, which includes, namely the period while on board the bus and any of the operations of embarking or disembarking as defined in the Terms of Use, the Pink Comet Ltd. will, within fifteen days after the identity of the natural person entitled to compensation has been established, make advance payments to the person entitled to compensation, if so desired by the person, in order to meet immediate economic needs, in proportion of the hardship suffered. In the event of death, such advance payment shall be in amount of $1,000 (One Thousand) per passenger.

Any advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Pink Comet's liability.

However, the advance payment must be returned to Pink Comet Ltd. should it be subsequent proved that the deceased or injured passenger caused or contributed by negligence or other wrongful act or omission to their own death or injury , that the person(s) receiving the advance payment caused or contributed by negligence or other wrongful act or omission to such death or injury , or that the person(s) receiving the advance payment was not the person(s) entitled to such compensation.

Pink Comet Ltd. shall compensate the passenger for recoverable compensatory damages only and for the portion in excess of any payment received from any public social insurance or similar bodies.

7. Refunds & Cancellations

If a customer cancels his bookings 8 hours or more in advance he will be refunded his entire booking. If he cancels it two hours or less before the booking commences we refund the customer a partial booking; we subtract $20 from his booking price which we retain as a fee for losing out a bookable window which the customer occupied and didn’t fulfill. We do not give customers any additional refunds in any other case besides these two cases.

8. Customer Liability for Property Damage

If a customer creates any property damage during his booking inside and outside of the truck, he agrees to authorize Pink Comet Ltd. to charge his card on file for the damage. Pink Comet Ltd. will supply the customer with picture evidence of the property damage and a description of the damage with the cost associated for the repairs for each item of damage created. Pink Comet Ltd. will charge the full amount of damage from the customer who agrees to authorize Pink Comet Ltd. for the damage he created as soon as his booking is over and the damage has been recorded via picture and the repair costs have been calculated and sent to the customer in an email.

9. No Illegal Activities

No customer is allowed to conduct any illegal activities during, before or after his Booking inside, outside or near the property, the truck, at any time.

10. Term.

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at curbspace@gmail.com. If you resign or cancel your membership and/or subscription to Curbspace, to help Curbspace analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Curbspace may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Curbspace. If Curbspace terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Curbspace. Curbspace is not required to provide you notice prior to terminating your membership and/or subscription. Curbspace is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

11. Modifications to Service.

Curbspace reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Curbspace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Blocking of IP Addresses.

In order to protect the integrity of the Services, Curbspace reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.

13. Restrictions on Use of Materials

You acknowledge that Curbspace contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Propertyis copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Curbspace owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

14. Copyright Policy.

Curbspace prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

Legal Department, Curbspace, 244 Fifth Avenue, Suite L258, New York, NY 10001.

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Curbspace at the address shown above, giving a written statement that contains:

a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

b. identification of the allegedly infringing material on the Site that is requested to be removed;

c. your name, address, birth date and daytime telephone number, and an e-mail address if available;

d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

Curbspace will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

15. Repeat Infringers

Curbspace will suspend or terminate your access to the Websites if Curbspace determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Use, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Curbspace at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

16. Limitation of Liability.

In no event shall Curbspace be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Curbspace or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Curbspace makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites' content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Curbspace, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Curbspace HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Curbspace HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Curbspace HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Curbspace and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Curbspace during the six months prior to notice to Curbspace of the dispute for which the remedy is sought.

17. Indemnity by You.

You agree to indemnify and hold Curbspace, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;

b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Curbspace.

18. Attorney Fees.

In the event that Curbspace is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Curbspace's attorneys' fees and costs.

19. Parental or Guardian Permission

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE Curbspace THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

20. Privacy.

Use of the Websites and/or the Service is also governed by our Privacy Policy, located at www.getcurbspace.com/privacy

21. Jurisdiction and Choice of Law; Dispute Resolution.

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

22. Arbitration Provision/No Class Action.

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.

23. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

24. Availability Outside the U.S.

If you access Curbspace from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

25. Entire Agreement

This Agreement contains the entire agreement between you and Curbspace regarding the use of the Websites and/or the Service.

26. Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Curbspace's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Curbspace's ability to enforce such term at any point in the future.

27. Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement. Curbspace is a trademark of Pink Comet Ltd.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Your privacy is important to Pink Comet Ltd. This privacy statement provides information:

- About the personal information that Pink Comet Ltd. collects

- How Pink Comet Ltd. stores the personal information

- How Pink Comet Ltd. will use the personal information that it collects

- With whom Pink Comet Ltd. shares the personal information

Personal information collection

Pink Comet Ltd. may collect and use the following kinds of personal information:

- information about your use of this website;

- information that you provide using for the purpose of registering with the website;

- information about transactions carried out over this website;

- information that you provide for the purpose of subscribing to the website services; and

- any other information that you send to Pink Comet Ltd.

Using personal information

Pink Comet Ltd. may use your personal information to:

- administer this website;

- personalize the website for you;

- enable your access to and use of the website services;

- publish information about you on the website;

- send to you products that you purchase;

- supply to you services that you purchase;

- send to you statements and invoices;

- collect payments from you; and

- send you marketing communications.

- send you invoices for damage charges that you create during bookings

Sharing personal information Collected

Where Pink Comet Ltd. discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Pink Comet Ltd. may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Pink Comet Ltd. will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

Pink Comet Ltd. will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Pink Comet Ltd. collects may be stored and processed in and transferred between any of the countries in which Pink Comet Ltd. operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

Pink Comet Ltd. may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

Pink Comet Ltd. is not responsible for the privacy policies or practices of any third party.

Contact Pink Comet Ltd.

If you have any questions about this privacy policy or Pink Comet Ltd.'s treatment of your personal information, please write:

- by email to curbspace@gmail.com; or

- by post to Pink Comet Ltd 244 Fifth Avenue, NY 10001, New York.