Legal Agreement: Terms of Service

1.    Term.  As a member of the Don Ryan Center, you are permitted to subscribe as a guest for use of daily flex space at The HUB at Buckwalter:  One-day access to shared flex space during business hours, Monday thru Friday, including access to superfast wireless internet, printers, coffee, and water.   Conduct.  The Licensee agrees to conduct himself or herself according to the policies and best practices that the Licensor implements from time to time regarding personal behavior in the flex space located at 7 Venture Drive, 100, Bluffton, SC 29910 (the “Flex Space”).  At the Licensor’s sole discretion, your use of the Flex Space may be terminated for behavior that violates any such policies.   

  1. No Tenancy.  This Agreement does not create a leasehold interest for the use and access of the facility and enjoyment of the Services.  Instead, this Agreement is a prepaid License to use the provided amenities on a daily basis. You hereby understand, agree and warrant that you are not a tenant and the Licensor is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the State of South Carolina or otherwise. 

 

  1. No Unlawful or Prohibited Use.  The licensee shall not use the Services for any purpose which is unlawful within the jurisdictions in which the Facility resides or is otherwise prohibited by the terms and conditions described in this Agreement.  Licensee shall not use the Services in any manner that actually causes or could cause damage, disable, overburden, or impair Licensor’s or the Facility’s operations, or interfere with any other third party’s use and enjoyment of any Services. 

 

  1. Restriction on Use of Services.  Licensee agrees that when participating in or using the Services, it shall not: 

 

  1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise); 

 

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Licensor’s servers; 

 

  1. Upload, use or otherwise make available, files, images, or other material protected by intellectual property laws unless Licensee owns or controls the rights thereto or have received all necessary consent to do the same; 

 

  1. Upload files which contain viruses, Trojan Horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker; 

 

  1. Download any file which Licensee knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; 

 

  1. Restrict or inhibit any other user from using and enjoying the Services; 

 

  1. Violate any code of conduct or other guidelines which may be applicable for any particular Service which may be adopted by Licensor from time to time, including the Flex Space Best Practices attached hereto and incorporated herein as APPENDIX “B” (the “Best Practices”). 

 

  1. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.  

 

  1. Non-Disclosure.  The licensee acknowledges and agrees that during its participation in and use of the Services, Licensee may be exposed to Confidential Information.  "Confidential Information" shall mean all information, in whole or in part, which is disclosed by Licensor, any participant who uses the Services, or any employee, affiliate, or agent thereof, that is non-public, confidential or proprietary in nature.  All confidential information remains the sole and exclusive property of Licensor or the respective disclosing party.  The licensee acknowledges and agrees to not disclose information that was intended to remain confidential.   

 

  1. Indemnification.  Licensee shall protect, defend, indemnify, save and hold harmless the Facility, Licensor, its employees, members, directors, and their respective successors and assigns (the "Released Parties"), from and against any and all claims, demands, liens, fines, suits, actions, proceedings, orders, decrees and judgments of any kind or nature whatsoever by or in favor of anyone whomsoever, and against and from any and all costs, damages and expenses (including, but not limited to, attorney's fees, legal expenses and court costs at all levels) arising from injury to or death of any person, loss of or damage to any property, or any liens or claims filed against the Facility and/or any real property appurtenant thereto, or otherwise resulting from or occasioned in whole or in part by any act or omission of Licensee, or any of Licensee's employees, agents, guests, contractors or consultants, or any of their invitees (collectively the "Licensee Parties"), including the foregoing parties' use of the Facility.  In further consideration of this Agreement, Licensee, for itself and the Licensee Parties, expressly waives and releases any and all claims such parties have or may have in the future against the Released Parties on account of injury, death, or property damage arising out of or attributable to use of the Facility by Licensee or any of the Licensee Parties, whether arising out of the negligence of the Licensor or any of the Released Parties or otherwise. Licensee specifically waives and releases any and all claims against Licensor and the Released Parties arising out of the loss or damage or absence of any items of personal property belonging to Licensee or any Licensee Parties.  This indemnity and release shall survive the expiration or earlier termination of this Agreement.