Legal Agreement: Terms of Service
Please read through this carefully so you understand your rights and protections, as well as those of The Times Collaborative. Please reach out to firstname.lastname@example.org if you have any questions.
- Acceptance of Terms
The Times Co reserves the right to update the TOU at any time and will attempt to notify you of any updates within 30 days of their enactment using the contract information provided in the Membership Agreement. In addition to the TOU The Times Co can, at their discretion, also implement house rules for comfort, health, safety, or otherwise.
- Description of Services
The Times Co may provide you with various services including but not limited to access to office space, workstations, internet access, office equipment, conference space, and knowledge resources (collectively, “Services”). The Services at all times are subject to the TOU. The TOU creates no tenancy interest, leasehold estate, or other real property interest in your favor with respect to the accommodation.
- No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any The Times Co server, or the network(s) connected to any The Times Co server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems, or networks connected to any The Times Co server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary.
- Use of Services
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or throughout The Times Co Services.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Download any files(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any Service.
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
- Violate any appliable laws or regulations; and
- Create a false identity for the purpose of misleading others.
- Hang anything from plaster or brick walls, which could create damage due to the age of the building.
- Duplicate keys or give access to the building without the express written consent of an employee of The Times Co. Any loss of keys or door code must be reported immediately, and you may be asked to cover the cost of replacement or changing locks if required. If you use the building outside of 8a – 5p Monday – Friday you are responsible for ensuring all doors are locked when you leave the building.
- The Times Co reserves the right at all times to disclose any information about you, your participation in and use of the Services as The Times Co deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Times Co, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential, or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and / or / books and records of The Times Co, any analyses, compilations, studies or other documents prepared by The Times Co otherwise derived in any manner from the Confidential Information, and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
- Your participation in and / or use of the Services obligates you to
- Maintain all Confidential Information in strict confidence.
- Not disclose Confidential Information to any third parties.
- Not to use the Confidential Information in any way directly or indirectly detrimental to The Times Co, or any participant or user of the Services.
- All Confidential Information remains the sole and exclusive property of The Times Co or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary right of The Times Co or any participant or user of the Services.
- Participation In or Use Of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Times Co does not have any liability with respect to your access, participation in, or use of the Services, or any loss of information resulting from such participation or use.
- Disclaimer of Warranties
To the maximum extent permitted by Colorado law, The Times Co provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the services, remains with you.
- Liability and Damages
The Times Co is not liable for any loss as a result of our failure to provide a service as a result of a mechanical breakdown, delay, failure of team, or otherwise unless we do so deliberately or are grossly negligent. The Times Co is not liable for any failure until you have informed us about it in writing and given us a reasonable time to correct the failure.
You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, this TOU and / or your use of the Services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our gross negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph.
The Times Co will not, in any circumstances, have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims, or any consequential loss. We strongly advise you to insure against all such potential loss, damage expense, or liability.
We will be liable:
- Up to a maximum equal to 125% of the total fees paid under your Agreement up to the date on which the claim in question arises or $25,000 (whichever is lower), in respect to all losses, damages expenses or claims.
The Times Co reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
At termination of the agreement, we reserve the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. If you leave any of your own property in the business center, we may dispose of it in any way we chose without owing you any responsibility or proceeds of sale.
You release, and herby agree to indemnify, defend and hold harmless The Times Co and The Times Co’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney’s fees and costs incurred by The Times Co or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
The Times Co will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence / office, as well as the premises of The Times Co.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU and further agree to be bound to the TOU regarding my participation in and use of the Services.