Last Updated: May 2025
Welcome to CreativeOfficeSpace! We are excited to have you join our community of individuals who put an emphasis on architecturally creative and innovative spaces. CreativeOfficeSpace is a platform that facilitates access, development, and use of such spaces. Our Site (as defined herein) serves as a platform for CreativeOfficeSpace and allows for advertising to prospective tenants, assisting prospective tenants in their search for a property that is creative and innovative, and the advertising and marketing of various products/services via our “Product Spotlight” and blog to prospective customers (the “Service”).
www.CreativeOfficeSpace.com (the “Site”) is owned and operated by HBBS, LLC (collectively, with its subsidiaries and affiliates, “HBBS,” “we,” “us,” or “our”). Throughout these Terms, all references to the Site and to “CreativeOfficeSpace” shall mean HBBS and shall include the websites of affiliates and subsidiaries of HBBS that are involved with the operation of the Site or the provision of the Service.
Agreement to be bound. These terms of service (“Terms”) govern your access and use of our site and services. Please note, “your” and “you” will refer to you, the individual or person (individually or collectively, “Users”) accessing and/or using our website/platform (“Site”) and services. These terms constitute a legally binding agreement between you and us. These terms, along with any other agreement(s) that may be posted on our site with respect to CreativeOfficeSpace products and services, and any other written agreements or contracts between you and CreativeOfficeSpace office space that incorporate these terms by reference, constitute the entire terms and conditions controlling your access and use of our site and services. By affirmatively indicating your acceptance, or by otherwise continuing to access and/or use the Site or Services, you agree to be bound by these terms in their entirety. If you do not agree to these terms, you may not use the Site or the Services.
1. Offerings Found on Our Site
We are pleased to make our Site and the Services contained herein available to you. Please note, while we reserve the right to change or modify the offerings contained on or within our Site at any time, currently the three primary offerings on our Site are (1) providing a marketplace for CreativeOfficeSpace in order to facilitate the leasing, subleasing, purchase/sale, occupancy, and use thereof; (2) the advertising and marketing of various products via our “Product Spotlight;” and (3) articles and blogs we publish in connection with various topics and (4) ¨How They Do It¨ featuring properties and interiors for companies around the globe. Please note, with respect to the Product Spotlight, the products advertised or marketed thereon are not ours and are not affiliated with us. While we may highlight certain products on our Site by making individual posts about them, we do not sponsor or endorse any of the products displayed or otherwise made accessible within the Product Spotlight and assume no liability or responsibility whatsoever in connection with such products.
2. Eligibility.
You must be at least 18 years of age to use the Services. By agreeing to the Terms of Use, you represent and warrant that you are at least 18 years of age.
3. Prohibited Use
By using the Services, you agree not to use the Website or Services in any way that is unlawful or harms CreativeOfficeSpace, or any other user, use the Services to discriminate against any individual or class of individuals protected under federal, state, or local laws, or promote illegal, violent, threatening, defamatory, hateful, racist or otherwise objectional as determined by CreativeOfficeSpace.
4. Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms of Service or your access to or use of the Website shall be resolved through binding arbitration, rather than court. Any arbitration proceeding will be conducted on an individual basis and not as a class, representative, or consolidated action. There shall be no right or authority for any dispute to be arbitrated on a class action basis or in a purported representative capacity. The arbitrator shall not have the power to consolidate or join the claims of other individuals or parties who may be similarly situated. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) in effect at the time the arbitration is initiated and shall be held in Los Angeles, California, unless the parties mutually agree otherwise.
The arbitrator’s decision and award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, which there shall be no appeal. Each party shall bear its own costs, expenses, and attorneys’ fees in connection with any dispute, claim, or controversy arising out of or relating to these Terms of Service or your access to or use of the Website.
5. License to Content Uploaded to or Otherwise Made Available on CreativeOfficeSpace
As stated above, CreativeOfficeSpace is a website and platform that offers (1) a marketplace for CreativeOfficeSpace in order to facilitate the leasing, subleasing, purchase/sale, and use thereof; (2) the advertising and marketing of various products via our “Product Spotlight;” (3) articles and blogs we publish in connection with various topics of interest to our community of Users, and (4) ¨HowThey Do It¨ architecture and interior design of companies around the globe. Because we allow Users to list, post, or otherwise make their content available on our Site, we must ensure to that we have adequate rights to do so. Accordingly, in exchange for our making the Site and Services available to you, you may upload, submit, or otherwise make available certain photographs, images, graphics, designs, renderings, videos, writings, architectural works, real and personal property, data, information, files, works, logos, charts, documents, or other materials, to or on our Service (collectively, “Content”). You hereby grant us a non-exclusive, universal, perpetual, transferable, sublicensable, royalty-free, license to reproduce, copy, distribute, publicly display, digitally transmit, share, edit, or otherwise use the Content on or within our Site and/or Services (the “Content License”). You may control what Content you share or otherwise make available on our Site and/or Services and in the event you wish to contact us with respect to your Content, whether it be to request a takedown or any other inquiry, please contact the CreativeOfficeSpace team at contact@creativeofficespace.com.
You agree and warrant that you will only upload, submit, copy, or otherwise make available Content which you, and your agents or representatives, have the right and authority to so use. You are responsible for securing any necessary rights from others in order for you to upload, submit or otherwise make available any Content through our Site and/or Service. You recognize and agree that, once you upload, submit, or otherwise make available Content through our Site and/or Service, such Content may be copied, reproduced, distributed, and publicly displayed to other Users of our Site and/or Service. You acknowledge and agree that CreativeOfficeSpace shall not liable or otherwise responsible for any error or omission with respect to the Content, nor in connection with any unauthorized use of the Content on our Site and/or Service. Furthermore, we are not responsible or liable for any of the Content you submit, upload, or otherwise make available via our Site and/or Service and any and all Content is subject to the terms and conditions of our Acceptable Use Policy outlined in Section 4 below. You acknowledge and agree that you and your users shall assume any and all liability associated with any Content that you submit, upload, or otherwise make available on our Site and/or Service.
6. Your Responsibilities
You are responsible for: (a) ensuring the quality, truthfulness, and accuracy of the Content; (b) ensuring that the Content, and the conduct of you and your Users in connection with the use of our Site and/or Service, complies with these Terms; (c) ensuring that you and your Users do not upload, copy, re-distribute, modify, download, use or share Content unless you, and they, have the right to do so; (d) promptly handling and resolving any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates the rights of any third party; (e) ensuring that the Content does not contain any discriminatory, disparaging, lewd, obscene, inflammatory, or otherwise offensive material; and (f) maintaining appropriate security by protecting your account and related payment information (including your password and other login information) for the Service. You shall notify us immediately of any unauthorized use or loss of any of your account information or any other breach of security with respect to your use of the Service. In the event of an actual or suspected breach of your account, please contact us immediately at hello@creativeofficespace.com.
At its core, our Site serves as a platform for property managers and owners to provide the list their architecturally creative and aesthetically pleasing spaces on our Site. However, CreativeOfficeSpace does not own, manage, or otherwise control the use or disposition of the properties listed on the Site and does not contract with the property managers and owners in connection with such spaces or properties (whether by lease or rental). CreativeOfficeSpace provides you with certain information and functionality through the Site and takes commercially reasonable steps to provide a safe and secure Site. Nevertheless, it is always best practice for you to take certain precautions when accessing or using the Site to prevent theft, fraud, or the potential for misuse. With respect to properties found on our Site, please do not ever share your sensitive financial or personal information with a purported property manager or owner without first vetting the individual to ensure they are who they say they are and that you are entering into a bona fide transaction. While we take commercially reasonable steps to verify listings made on our Site, we are not a party to individual transactions and cannot oversee anything that happens outside of our platform. In the event you believe you are being scammed or have been targeted by a scam via our Site, please notify us immediately by writing to hello@creativeofficespace.com.
IMPORTANT, PLEASE NOTE: that should you elect to rent or lease a property you found via our Site and/or Service, CreativeOfficeSpace is not a party to that transaction. AS A RESULT, YOU ARE SOLELY RESPONSIBLE FOR INVESTIGATING AND MAKING YOURSELF AWARE OF ANY AND ALL FACTS AND CIRCUMSTANCES SURROUNDING CONTRACTS OR TRANSACTIONS YOU ENTER INTO AS A RESULT OF USING OUR SITE AND/OR SERVICE. CREATIVEOFFICESPACE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION, DATA, CORRESPONDENCE, INTERACTIONS, COVENANTS, AND REPRSENTATIONS AND WARRANTIES EXCHANGED BETWEEN USERS, PROPERTY MANAGERS OR OWNERS (INCLUDING THE BROKERS, AGENTS, AND REPRESENTATIVES OF PROPERTY MANAGERS AND OWNERS) FOR PROPERTY LISTED ON OUR SITE. FURTHERMORE, THE ACTS OR OMISSIONS OF PROPERTY MANAGERS AND OWNERS SHALL NOT BE OUR RESPONSIBILITY AND WE DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH THE ACTUAL PHYSICAL CONDITION OR APPEARANCE OF PROPERTY LISTED ON OUR SITE.
Our Site includes a Product Spotlight which serves as a platform for the advertising and marketing of various products/services to prospective customers who already have an interest in creative spaces and creative products/services. As mentioned above, while the Site may feature the products/services of third parties, CreativeOfficeSpace does not endorse or sponsor such products and CreativeOfficeSpace is not involved in any transaction between Users and the third-parties who sell such products/services. A User who clicks on a product/service displayed in the Product Spotlight will be redirected to the third-party source of such product/service. We do not sell these products/services directly. AS A RESULT, CREATIVEOFFICESPACE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE ADVERTISING, MARKETING, PURCHASE, SALE OR USE OF SUCH PRODUCTS/SERVICES DISPLAYED OR ACCESSIBLE VIA OUR PRODUCT SPOTLIGHT SECTION. FURTHERMORE, CREATIVEOFFICESPACE SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND ASSOCIATED WITH SUCH PRODUCTS/SERVICES INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTIBILITY (EXPRESS OR IMPLIED), FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS AND WARRANTIES ASSOCIATED WITH SUCH PRODUCTS/SERVICES.
In sum, you are responsible for how you use the Site, and CreativeOfficeSpace encourages you to exercise sound judgment when entering into any real estate transactions or purchasing products that may be found within our Product Spotlight. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A REAL ESTATE BROKERAGE COMPANY, REAL ESTATE SALES PERSON, REAL ESTATE BROKER, PROPERTY MANAGER OR OWNER, YOU RELEASE CREATIVEOFFICESPACE FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
7. Our Acceptable Use Policy
In connection with your use of our Site and/or Service, you are prohibited from directly or indirectly (1) scraping, collecting, tampering with, reverse engineering, disassembling or decompiling all or any part of the Site, or using non-public areas or parts of the Site (including source and object code), or shared areas of the Site for which you have not been granted express rights of use, or attempting to use or gain unauthorized access to our or to any third-party’s networks or equipment; (2) copying, selling, distributing, sublicensing or reselling all or any portion of our Site and Service, or using our Site or Service in an improper or unlawful way; (3) providing false or unauthorized login credentials or other account information to enable you or others to access or use the Site; (4) attempting to probe, scan or test the vulnerability of the Site or any system or network of CreativeOfficeSpace or any of our customers or suppliers; (5) interfering or attempting to interfere with any Service which we provide to any user, host or network; (6) engaging in discriminatory, unlawful, fraudulent, or offensive activity, including any activity which violates the rights of any third party, applicable law or regulations, or which poses a security or intellectual property risk to the Site or our systems; (7) uploading, copying, sharing or utilizing any Content, or engaging in any activity, that is pornographic, obscene, harassing, abusive, slanderous or defamatory or that encourages, promotes, foments or expresses racism, hatred, bigotry, violence or sedition; (8) uploading, copying, sharing or utilizing any Content, or engaging in any activity, that infringes the intellectual property rights or privacy rights of any individual or third-party; (9) transmitting unsolicited bulk or commercial messages; (10) distributing worms, Trojan horses, viruses, corrupted files or any similar items; (11) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any CreativeOfficeSpace facilities or systems used to deliver the Service; or (12) modifying or creating derivative works of the Site.
CreativeOfficeSpace reserves the right in its sole discretion to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site. You are responsible for ensuring that you comply with our Acceptable Use Policy and these Terms.
8. Our Responsibilities
CreativeOfficeSpace is responsible for providing the Site in accordance with these Terms. We will implement commercially reasonable measures which are designed to safeguard and protect the security and integrity of the Site as well as the information that you provide to or through the Site. In the event you affirmatively opt-out from having your property or space listed or otherwise made available on our Site, we will use commercially reasonable efforts to have it promptly removed from our Site.
9. Marketing and Publicity
By using the Site, CreativeOfficeSpace shall have the right to copy, reproduce, publicly display and otherwise use your name, image, logo, and likeness on relevant pages of our Site. This information is displayed in conjunction with the listings you create using our Service and the overall Content you make available on our Site. Accordingly, we shall have the right to publish this information as provided by you and which is necessary to identify the author or creator of certain Content available on our Service.
Furthermore, by using our Service, you hereby grant CreativeOfficeSpace the right and license to use your name and Service-related statements for marketing or promotional purposes on our website and/or in other marketing or promotional communications we may publish from time to time. In the event you wish to request we take down or otherwise remove material published by us which contains your name or otherwise references you, please contact us at hello@creativeofficespace.com.
10. CreativeOfficeSpace Intellectual Property
You acknowledge and agree that the Site and the Services use and contain content, works, data, information and proprietary and confidential technology owned by or licensed to CreativeOfficeSpace, and protected by applicable intellectual property and other laws and international treaties (collectively, “CreativeOfficeSpace Content”). The CreativeOfficeSpace Content displayed on or through the Site and Services includes, without limitation, information, data, writings, text, software, music, sound, photographs, images, graphics, logos, digital renderings, video, messages, tags, or other materials is copyrighted by CreativeOfficeSpace and its licensors under United States and international copyright laws. In addition, the CreativeOfficeSpace Content is protected by trademark law of the United States, as well as international trademark law. CreativeOfficeSpace expressly reserves all rights associated with the CreativeOfficeSpace Content, and does not create you a direct or implicit license to such Content through these Terms or by making the Site available to you. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the CreativeOfficeSpace Content, the Site or access to the Site in any way without the prior written permission of CreativeOfficeSpace. All content on the Site that is not CreativeOfficeSpace Content is the property and responsibility of other parties. You must abide by all copyright and trademark notices, information, or restrictions contained in or attached to any CreativeOfficeSpace Content. CreativeOfficeSpace, the CreativeOfficeSpace logo, HBBS, the HBBS logo and all other registered and unregistered marks (such as our slogans, phrases, colors, sounds, and other source identifiers) used in connection with the Site and the Services (collectively, the “CreativeOfficeSpaceMarks”) are trademarks, trade names, or service marks of CreativeOfficeSpace unless otherwise indicated. You are not authorized to use or display the CreativeOfficeSpace Marks, without the prior express written permission of CreativeOfficeSpace. Ownership of all CreativeOfficeSpace Marks and the goodwill associated therewith remains with CreativeOfficeSpace. All other trademarks are the property of their respective owners
11. Account Registration and Use
In order to use certain features of the Site or the Services, you may be required to register as a User and create a password-protected account (“Your Account”).
You agree to: (a) provide true, accurate, current, and complete information when registering as a User or creating an account with us; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. CreativeOfficeSpace reserves the right to delete Your Account and refuse or terminate any and all current or future use of the Site (or any portion thereof) without notice if you are found to have violated these Terms, including without limitation by misrepresenting your age, identity, or any other information submitted in connection with Your Account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify CreativeOfficeSpace of any unauthorized use of your password or account, or any other breach of security and to immediately change your password if you become aware that Your Account has been compromised. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your login credentials to anyone else whatsoever. You further agree not to use anyone else’s password on the Site or attempt to gain access to the CreativeOfficeSpace account of any other User.
Privacy Policy and Communications on our Site.
By submitting information and materials in the process of making Your Account and in order for CreativeOfficeSpace to provide you with the Services, you hereby consent to CreativeOfficeSpace’s use and sharing of your information and materials as described in our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site. The Privacy Policy and these Terms shall be construed in harmony with one another, but in the event of a conflict between our Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your information and materials comply with our Acceptable Use Policy detailed in Section 7 of these Terms.
Although CreativeOfficeSpace provides a platform through the Site and the Services through which Users may communicate with various other users (such as property managers, property, tenants, owners, or their agents), CreativeOfficeSpace is not involved in those third-party communications and is not responsible or liable under any circumstances for the content of any third-party communications, or for any absence of communications by a third-party. The contents of such third-party communications are determined solely by the third-party responsible for the communications, and not CreativeOfficeSpace. Please note, we do not oversee or monitor chats or communications which you may have with third parties that you correspond with through our Site. IN THE EVENT THAT WHILE USING OUR SITE YOU ENCOUNTER ANYTHING SUSPICIOUS, INAPPROPRIATE, OR THAT APPEARS TO BE A MISUSE OF OUR SITE, WE ASK THAT YOU PLEASE NOTIFY US IMMEDIATELY SO THAT WE MAY INVESTIGATE IT AS PROMPTLY AS POSSIBLE. CreativeOfficeSpace is only responsible for the content of information issued directly by CreativeOfficeSpace.
12. Changes to Terms
CreativeOfficeSpace may revise these Terms from time to time and at our sole discretion. When such changes are effected, CreativeOfficeSpace will publish an updated version on our Site. The updated Terms will be deemed effective with affirmative acceptance or your continued use of the Site and/or Service
13. Copyright Complaints or Reporting
CreativeOfficeSpace is about creators and the imaginative works they bring to life. CreativeOfficeSpace exists to bring a focus to aesthetically innovative and creative works and that is why respecting intellectual property is so important to us. We ask our users, including but not limited to real estate brokerage companies, real estate sales person, real esteta brokers, property managers, owners, and any other parties which with we do business to live up to this standard that puts creators first. Accordingly, CreativeOfficeSpace has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).
If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you should promptly provide our designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed so that we may properly identify it; (iii) a detailed description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner (whether that be you or another party) or the law; and (vi) a statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner, or that you are properly authorized to act on the copyright or intellectual property owner’s behalf.
DMCA Notices should be sent to our designated copyright agent via mail or email:
Attn: DMCA Agent – Legal Department
CreativeOfficeSpace
c/o HBBS, LLC
369 S. Doheny Drive – Suite 192
Beverly Hills, CA 90211
Repeat Infringers
It is our policy, in appropriate circumstances, to terminate the accounts of parties who are repeat infringers or are repeatedly charged with infringement. Notice is hereby given, that in the event we determine you may be a repeat infringer, or instances of repeat have been asserted against you, your access to and use of the Site may be terminated, and your information may be turned over to appropriate authorities and/or copyright holders.
14. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, CREATIVEOFFICESPACE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
CREATIVEOFFICESPACE AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATIVEOFFICESPACE OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
CREATIVEOFFICESPACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, AND AFFILIATES, (COLLECTIVELY THE “CREATIVEOFFICESPACE ENTITIES”) WILL NOT BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR ANY CREATIVEOFFICESPACE SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE CREATIVEOFFICESPACE PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY CREATIVEOFFICESPACE OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY CREATIVEOFFICESPACE;
(D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY CREATIVEOFFICESPACE THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
(E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
You acknowledge and agree that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the you and us. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
16. Indemnification
You agree to indemnify, defend and hold CreativeOfficeSpace and its officers, directors, employees, managers, members, shareholders, directors, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “CreativeOfficeSpace Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with your use and/or access of the Site; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; or (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses, including reasonable attorneys’ fees, resulting from the foregoing to both a third party and to the CreativeOfficeSpace Indemnified Parties. CreativeOfficeSpace shall have the right, in its sole discretion, to select its own legal counsel to defend CreativeOfficeSpace from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of CreativeOfficeSpace’s reasonable attorneys’ fees incurred in connection therewith. You shall notify CreativeOfficeSpace immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or CreativeOfficeSpace’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of CreativeOfficeSpace, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for CreativeOfficeSpace.
17. Controlling Law and Time Limitation
For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and CreativeOfficeSpace shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You and CreativeOfficeSpace hereby irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the state and federal courts located in the City of Los Angeles, California. The parties expressly consent to the personal jurisdiction of such courts and hereby waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and CreativeOfficeSpace irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
18. Waiver, Severability, Third Party Beneficiaries & Assignment
A party’s failure to enforce a provision is not a waiver of its right to do so at a later date. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. There are no third-party beneficiaries to these Terms, including your users. Except as provided below, neither party may assign these Terms or any rights or obligation hereunder, without the other party’s prior written consent to such assignment, which consent shall not be unreasonably withheld. However, either party may assign these Terms, without seeking or obtaining the other party’s consent, to: (a) an affiliate in the event of a corporate reorganization; or (b) in connection with a merger, acquisition, or consolidation or to a third party that is acquiring all or substantially all of its assets or a controlling interest in its stock; provided that you may not assign these Terms to a company that is reasonably viewed by us as a direct competitor of CreativeOfficeSpace.
19. Force Majeure
Neither party will be liable to the other for any failure to perform any of its obligations under these Terms during any period in which performance is delayed by circumstances not within such party’s reasonable control, including without limitation natural disasters, acts of war or terrorism, riots, fires, pandemics, epidemics, acts or orders of government, labor disruption, internet or telecommunication outages or interruptions, hackings, power outages, or other acts or circumstances beyond our control.
20. Third Party Links and Components
Any third party components which are embedded as a part of the Service shall be considered a part of the “Service” for purposes of these Terms. However, our Service may facilitate links, access or integration to other products, services, technology or websites owned or operated by third parties (“Third Party Products”). We have no responsibility for, or control over, these Third Party Products, all of which may have separate privacy and data collection practices, independent of CreativeOfficeSpace. As such, your access and use the Third Party Products is at your own risk and we disclaim all liability related or connected to your access or use thereof.
21. Entire Agreement
These Terms, together with any amendments and other agreements on our Site, constitute the entire agreement between you and CreativeOfficeSpace concerning the Site and/or Service and supersedes and replaces any prior or contemporaneous understandings and agreements regarding the subject matter hereof.
How to Contact Us
hello@creativeofficespace.comThank you for trusting us with your data and for being part of our creative community!