Terms of Service
Effective Date: January 12, 2018
a. Neutral Venue. The Service is for establishments such as restaurants and stores to offer their bathrooms on demand by listing them on our App. To list a bathroom, a participating establishment can fill out a form with an address, pertinent filters, photos, etc., and our App’s algorithm will calculate the price of the individual bathroom. Consumers can choose a bathroom on our App based on factors such as photos, filters, distance and price. OUR SERVICE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ LISTINGS, INTERACTIONS AND TRANSACTIONS. WE DO NOT ENDORSE ANY PARTICULAR ESTABLISHMENT OR LISTING ON OUR APP.
b. Third Party Services. The Service contains links to third-party services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party services. In addition, the Service will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party service. Such third party services may change their operations without notice to us.
3. INTELLECTUAL PROPERTY
a. Our IP. All Service contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Service for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under this Agreement are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b. Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Service to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to firstname.lastname@example.org.
4. YOUR OBLIGATIONS
By using this Service, you represent, warrant and agree that:
a. You will provide a valid payment method information when necessary and pay all sums due when due.
b. Users purchasing bathrooms are guests in an establishment. Our platform expects our users to follow the establishment's standard rules of conduct when interacting in their private space.
c. While wear and tear of amenities and facilities is a standard operational risk of high-volume businesses such as restaurants, of which Lulu does not accept any personal liability, any Lulu user that is shown to purposely damage or tamper with private property and/or have a pattern of damaging property, can be internally flagged, banned from the platform, or reported to legal entities. In the case in which a Host decides to take legal action against a user that has been shown to purposely take steps to damage their business, Lulu, at it's discretion, may provide client-specific information to facilitate the process to maintain the integrity of the Lulu marketplace.
d. You will only use the Service for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Service.
e. You will only post truthful, not misleading, listings, photos, ratings and reviews. We are not responsible for any third-party content that appears on our Service.
f. You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
g. Our Service may contain typographical errors or other inaccuracies.
h. Our Service content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Service content via built-in social sharing buttons.
i. You will not submit unsolicited bulk or commercial messages (“spam”) to our Service, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resources.
j. You will not access our Service in order to gain a competitive advantage.
k. We have the right to refuse access, service or disable your account on our Service at any time for any reason or no reason without notice, explanation or liability of any kind.
l. You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content.
m. For establishments that list bathrooms on our Service: we are currently imposing a reasonable payout minimum (no payout before your earnings reach $30) to manage operational costs. We reserve the right to change the payout minimum amount and the percentage of our commission, but any such changes will not apply retroactively. If a location is closed, or in poor condition, or unusable, we reserve the right to issue a refund to a customer, at our sole discretion. If that occurs, the establishment in question may not receive its payment.
n. You will not interfere with the proper working of the Service. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THIS AGREEMENT
a. We may take any action that we deem necessary or appropriate if we believe that any user violates the User Agreement, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) suspend or terminate any account on our Service (iv) moderate any content submitted to us, (v) take any other action provided for in this User Agreement or available under equity or law.
b. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SERVICE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SERVICE.
b. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW & JURISDICTION
This Agreement and any action related thereto will be governed by the laws of the State of New York. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by courts located in New York City, NY.
a. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.
b. Relationship of the Parties. You and us are independent contractors to each other. There is no joint venture, partnership, employment or similar relationship.
c. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under this Agreement, at our sole discretion, without obtaining your consent.
d. Hyperlinks. You may link to our Service, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
e. Severability. Should any part of this User Agreement be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of this User Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
f. No Waiver. Enforcement of this User Agreement is solely in our discretion, and failure to enforce the User Agreement in some instances does not constitute a waiver of our right to enforce them in other instances.
g. Prevailing Language. In the event of any discrepancy between the English original version of this Agreement and any foreign language translation, the English version prevails.
10. CONTACT US
Please submit your inquiries to email@example.com