Terms of Service
SPACEBIB provides a simple and quick means for registered users who are race organisers and planners ("Organisers") to collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site from users who want to attend such races ("Participants" or "you"). Organisers may visit the Site, fill in a questionnaire about their event, including pricing, location, inventory, etc., and collect race registration fees online directly from Participants. Payments are all transacted through PayPal, Google Checkout, Authorize.net or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or the SPACEBIB payment processing gateway (the "Gateway"). This TOS applies to you and your use of the Services as a Participant and/or other non-Organiser user or visitor of the Services ("non-Organiser" or "you").
1. ACCEPTANCE OF TERMS
The following terms and conditions of these Terms of Service ("TOS") govern all use by you as a Participant (as defined below) or other non-Organiser (as defined below) user or visitor of (a) the Spacebib Pte. Ltd. websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Spacebib Pte. Ltd. ("SPACEBIB") in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by SPACEBIB. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by SPACEBIB. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY SPACEBIB. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
SPACEBIB reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. YOUR USE OF THE SERVICES
2.1 The Services
SPACEBIB hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
If you are allowed to download or use any Software in connection with the Services, SPACEBIB hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive licence to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by SPACEBIB in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by SPACEBIB, including without limitation SPACEBIBs mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to Singapore laws. No Software may be downloaded or otherwise exported or re-exported in violation of Singapore laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all local laws and the rules and regulations of all relevant entities.
3.1 Independent Relationship of FPMs
SPACEBIB can facilitate Organiser to communicate its refund policy to Participant and issue refund to Participant via the site or otherwise, provided that the Organiser has not withdraw the fund collected from the registration. If a Participant wishes to request a refund in connection with an event listed on the Services, the Participant can request the refund through SPACEBIB. SPACEBIB and the Participant will communicate any disputes regarding refunds, method of refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds in connection with a Participant's use of the Services will be handled by SPACEBIB for a period of 30 days from the date of the Participant's registration for the respective event(s). In any event, such refunds might be subject to the prevailing Gateway charges determined by the Gateway.
4. YOUR REGISTRATION OBLIGATIONS
5. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify SPACEBIB of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SPACEBIB cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that SPACEBIB shall be the sole arbiter of such dispute in its sole discretion and that SPACEBIB'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
6. ACCOUNT MANAGEMENT POLICY
- Spacebib will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Spacebib reserves the rights to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Spacebib may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
- Spacebib reserves the right to refuse service to anyone for any reason at any time.
- Spacebib reserves the right to force forfeiture of any name that becomes inactive, violates trademark, or may mislead other users.
- Spacebib may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or this TOS.
- Spacebib reserves the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trade mark on those user names.
7.1 Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by SPACEBIB in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. SPACEBIB may own the Site Content or portions of the Site Content may be made available to SPACEBIB through arrangements with third parties. Except as expressly authorised by SPACEBIB in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of SPACEBIB. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to SPACEBIB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. SPACEBIB reserves the right to remove any of Your Content from the Site at any time if SPACEBIB believes in its sole discretion that it does not comply with this TOS. In addition, you agree that SPACEBIB may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of SPACEBIB both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions
Whether you are using the Services as a Participant or other non-Organiser, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organisers, Participants and other non-Organisers. You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with SPACEBIB's guidelines;
- impersonate any person or entity, including, but not limited to, an SPACEBIB representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS;
- harvest or otherwise collect information about users, including email addresses, without Spacebib’s prior consent;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by Singapore laws, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
- stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights
Whether you are using the Services as a Participant or other non-Organiser, you acknowledge that SPACEBIB does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that SPACEBIB and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that SPACEBIB may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of SPACEBIB, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to defend, indemnify and hold SPACEBIB, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. SPACEBIB shall provide notice to you of any such Claim, provided that the failure or delay by SPACEBIB in providing such notice shall not limit your obligations hereunder. SPACEBIB reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting SPACEBIB's defence of such matter.
10. SERVICE MODIFICATIONS/SUSPENSIONS
SPACEBIB reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that SPACEBIB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
SPACEBIB, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due SPACEBIB, or if SPACEBIB believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that SPACEBIB may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that SPACEBIB shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licences).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because SPACEBIB has no control over such websites and resources, you acknowledge and agree that SPACEBIB is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that SPACEBIB shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
13. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPACEBIB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPACEBIB MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. SPACEBIB IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, PARTICIPANT OR OTHER NON-ORGANISER, ORGANISER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND SPACEBIB WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT SPACEBIB HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING PARTICIPANTS', OTHER NON-ORGANISERS' AND ORGANISERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING PARTICIPANTS, OTHER NON-ORGANISERS AND ORGANISERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Participants, other non-Organisers, Organisers and/or third parties in connection with the Site or any Services to SPACEBIB. SPACEBIB, in its sole discretion, may investigate the claim and take necessary action.
14. LIMITATION OF LIABILITY
SPACEBIB SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPACEBIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF S$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND SPACEBIB'S REASONABLE CONTROL. SPACEBIB SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, SPACEBIB IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND SPACEBIB HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE SPACEBIB, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANISERS, PARTICIPANTS, AND OTHER NON-ORGANISERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
Notices to you may be made via either email or regular mail to the address in SPACEBIB's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services.
18. TRADE MARK INFORMATION
The trade marks, service marks, and logos of SPACEBIB (the "SPACEBIB Trademarks") used and displayed in connection with the Services are registered and unregistered trade marks or service marks of SPACEBIB. Other company, product, and service names used in connection with the Services may be trade marks or service marks owned by third parties (the "Third Party Trade marks", and, collectively with SPACEBIB Trade marks, the "Trade marks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade mark displayed in connection with the Services without the prior written consent of SPACEBIB specific for each such use. The Trade marks may not be used to disparage SPACEBIB, any third party or SPACEBIB's or third party's products or services, or in any manner (in SPACEBIB's sole judgment) that may damage any goodwill in the Trade marks. Use of any Trade marks as part of a link to or from any site is prohibited unless SPACEBIB approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any SPACEBIB Trade mark shall inure to SPACEBIB's benefit.
19.1 Choice of Law/Jurisdiction
This TOS and the provision of the Services to you are governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore.
Any dispute arising out of or in connection with this TOS must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
19.3 Waiver; Invalid Provisions
The failure or delay of SPACEBIB to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations or queries of this TOS by email to firstname.lastname@example.org.