Terms of Service
At Nookhub, INC. (the “Company” “We” “Our” or “Us“) we provide cyclists with the most User friendly, convenient, and efficient way to find a safe Nook to park your bicycle. We connect you,the cyclist, with Nook holders by reaching out to people in your neighborhood. Nook holders list their available space(s) on our application making them easy for you to find (the “Services”).Nookhub can be used on iOS application.
- By registering for or using the Services in any manner, you are agreeing to the Terms and all other rules and policies in effect as of the date of use.
- The Terms apply to all Users of the Services, no matter how accessed.
- For the purposes of these Terms, any bike parking space listed through the Services will be referred to as a “Nook,” any individual or entity listing a Nook will be referred to as an “Nook holder,” any individual or entity reserving or potentially reserving a Nook will be referred to as a “Biker” or “Cyclist”, (and collectively, "Users"), and the time period during which a Nook is booked will be referred to as a “Reservation.”
Anyone who agrees to these Terms and continues to abide by the terms therein is eligible to use the Site; provided, however, that certain Services on the Site that collect personally identifiable information might not be accessible to any person less than 18 years of age. We reserve the right to refuse to offer the Services to any person or entity and change eligibility criteria anytime. You are responsible for complying with all laws in the state or states in which you use the Services. The Services are offered for your use only and not for any third-parties. If you are a Nook holder, you represent and warrant that you have the legal right and authority to list, rent, and receive income for any Nook listed through the Services. You also must make sure that the listed property allows you to bring bikes onto the premises and/or into the building. If you are a Biker, you represent that you own or have the right and authority to park any bicycle you identify through the Service.
To use the Services, you will need to register by creating an Account. In consideration of your use of the Site and/or Services, you agree to: (i) provide accurate, current, and complete information about yourself, as may be prompted by any registration form on the Site ; (ii) maintain the security of your password and identification; (iii) maintain and promptly update your Account information and all other information that you provide to us; and (iv) be fully and solely responsible for all use of your Account and for any action that takes place within your Account. You are not permitted to do any of the following: (i) submit the information of another person with the intent to impersonate that person; (ii) use another person’s Account or registration information; (iii) publish, distribute or otherwise disclose the log-in information for your Account. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us at "[email protected]
3.Proprietary Rights in Site Content; Limited License to Access and Use Website.
All content that is on the Site or that is available through the Site, including all designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files and their selection and arrangement (collectively, "Site Content"), is the exclusive proprietary property of Nookhub, with all rights. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent, which may be withheld in our sole discretion, except with respect to any User Content (as defined in Section 5) that you post on the Site in accordance with the Terms. For so long as you are eligible to use the Site and you act in accordance with the Terms, you are granted a limited license to access and use the Site solely for the purposes as contemplated herein. Any use of the Site or of the Site Content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited and will automatically and immediately terminate all licenses granted herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to any intellectual property right, whether by estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.
Our Nook Holders:
- You may not discriminate against Users on the basis of race, color, religion, creed,sexual orientation, disability, age, or national origin.
- You must ensure that your building allows you to store a bike or bikes.
- You must describe your Nook and everything in the immediate vicinity carefully and accurately in theNook Description .
- You must keep all Nooks free of any clutter, sharp or otherwise dangerous objects and anything else that may render the Nook unsafe to enter, exit, or otherwise navigate both for the biker/cyclist and for the bicycle itself. You must tell the truth about anything related to the Services
- You may not cause any damage to the Cyclist’s bicycle and you agree that you are solely responsible for any damage to the bicycle while it is in the Nook.
- You must keep your Account, and payment information up to date at all times.
- Nookhub may remove your account from our application if you violate any of these Terms of Service.
- You agree to take responsibility for Cyclist's bicycles. If a Cyclist's bike is lost or stolen while stored at your Nook, you must cooperate with the Cyclist and anyone else in attempting to retrieve the bicycle, and with the police if they are involved.
Our Bikers / Cyclists:
- You may purchase Nook Reservations on the Nookhub website or the Nookhub iOS app. Each Nook Reservation gives you a one-time parking spot for up to 24 hours of safe parking for one bike. Once you remove your bike from the Nook, that ends your Reservation regardless of the amount of time it was kept in the Nook.
- Please be mindful of the hours of operation of the Nook Holder. For example, if you intend to leave it until late at night, make sure they are open and available for pick-up when you want to retrieve your bike.
- You must be respectful of the Nook holder’s space. The Nook should be left in the exact same condition as it was prior to your use of it. When leaving or retrieving, your bicycle, you should not be loud or do anything to cause issues with the Nook Holder’s neighbors. You may not cause any damage to the Nook holder’s space or other property, and you agree that you are solely responsible for any damage you do cause.
- You must rebook with the Nook holder if you decide to park beyond your Reservation hours.
- You must keep your Account, Payment and bicycle information up to date at all times.
- You must tell the truth about anything related to the Services.
- You must file a police report with local authorities if your bicycle is lost or stolen at the Nook.
- Nookhub may remove your account from our application if you violate any of these Terms of Service.
5.Nookhub Descriptions of the Services
- Content. “Content” includes any information about a Nook or User including but not limited to photos, location information, written posts, comments, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content may posted by us, third-parties, you or other Users.
- Notices and Restrictions. You agree that you will maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services for Content provided by us, our partners or Users.
- Your Licenses to Us and Others. By submitting User Content through the Services, you automatically authorize Nookhub to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate and you automatically grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, APIs, third-party websites and feeds). You also grant each User of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services. These license grants to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- No Guarantees. We are not responsible for anything any User posts on the application. We reserve the right to (i) remove, edit or modify any Content whenever we want without notice to you for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms), or for no reason at all and (ii) to remove or block any Content from the Services. We have no control over the truth or accuracy of User Content made available on the application.
6.Nookhub Rules of Conduct
- You, and you alone, are responsible for all of your activity in connection with the Services. While we provide a means of communicating between the Users, we do not mediate or moderate that contact. As a condition of use, you promise to use the Services for the intended purpose and not to use the Services for any purpose that is prohibited by these Terms.
- You should not (and should not permit any third-party to) take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Content, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, misrepresentative, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other info of ours or of any third-party;
- Impersonates any person or entity, including any of our employees or representatives;
- Stalks, harasses or otherwise annoys any other User;
- Collects or stores information about any other User other than for the purposes of completing a transaction through the Services;
- Offers any Nook space to which you do not have exclusive legal rights;
- Includes anyone else’s identification or sensitive financial information; or
- Encourages or assists a third-party to engage in any of the foregoing.
You also should not:
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- Run any form of auto-responder or “spam” on the Services;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the application;
- Harvest or scrape any Content from the Services;
- Upload, post, transmit, share, store, or otherwise make available any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.
- Attempt to use another person's Account, service, or system;
- Stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the
Services (including without limitation any application);
- Modify, translate, or otherwise create derivative works of any part of the Services; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;Otherwise take any action in violation of our guidelines and policies; or
- Encourage or assist a third-party to engage in any of the foregoing.
- You shall abide by all applicable local, state, national and international laws and regulations.
- We reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal
process or governmental request, (ii) enforce the Terms, including investigation of
potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to User support requests, or (v) protect the rights,
property or safety of us, our Users and the public.
The Services may permit you to link to other third-party resources such as social networks and other internet sources, and you agree that you do so at your own risk. The Service may allow you to post location data or other content to these third-party services. You acknowledge and agree that we do not control those third-parties and that we are therefore not responsible or liable for the content, functions, accuracy,legality, appropriateness or any other aspect of such services. Any such use does not imply our endorsement or any association between us and the third-party services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party.
We are not responsible for your interactions with other Users. To try to help resolve issues, we reserve the right, but have no obligation, to act as an intermediary in the event of any dispute, and you acknowledge and agree that we will incur no liability simply by virtue of acting as such an intermediary.
You may receive a full refund for any reason by canceling your Reservation within thirty (30) minutes from placement. Thirty (30) minutes after your Reservation is placed, it is locked in, it can no longer be canceled, and you will be responsible for payment of the full amount of the reserved time.
10.Parking Limit Exceeded for cyclist
Nookhub sends a notification email to the cyclist when his or her Reservation is expiring. The cyclist can elect to purchase or apply an additional Reservation to continue using the current parking spot or pick-up the bike prior to the 24 hour Reservation period. If the cyclist fails to pick up the bike within the Reservation period, Nookhub will automatically charge the cyclist for an additional Reservation and a late fee of $X (“Late Fees”). Each additional Reservation period for which cyclist does not pick up his or her bike and/or pay for the Reservation will incur additional Reservation and Late Fees. Please remember that Nook Holders are not the equivalent of car parking garages; you may not leave your bike their indefinitely for any reason. If after 30 days from your initial Reservation you still have not picked up your bike, Nook Holders may remove your bike from the Nook and dispose of it in any manner they choose.
11.Payment of Nook Holders
You are responsible for providing us with a valid means of payment. By agreeing to these terms, you are giving Nookhub permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Nookhub to satisfy. You authorize Nookhub to charge you the full amount owed to any Nook Holder via the Service, as well as Nookhub’s transaction and/or processing fee, if any.
Nookhub does not provide nor charge for bicycle parking. Nookhub may charge a transaction fee for each completed Reservation facilitated by Nookhub in exchange for the Services Nookhub provides to our Users.
12.Copyright Policy and Copyright Complaints.
We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of Alleged Copyright Infringement, as described below, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Site or any service in violation of your copyright, then You may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/abc." If multiple copyrighted works at a single online site are covered by your notification, then you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Site or service that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright:http://www.anothercontent.com/item2cd3123."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number, and email address.You may submit your notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by e-mail, at [email protected]
Please note that you could be liable for damages, including court costs and attorney’s fees (whether incurred at trial, on appeal, or otherwise) if you materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.
13.Comments and Feedback
We encourage you to leave detailed and honest feedback for Users (both Nook holders and bikers), and Nookhub.
a. All comments or posts should be related to the Services.
b. Be authentic. Include your real name and contact information
c. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.
d. Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited.
e. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
In the event that anything unlawful occurs, you agree to immediately report this and the responsible party to the local police. We request that, in any incident in which police are contacted, that you forward us the name of the police station, the police report number, the date and time of the incident, the names of the parties involved, and any other facts at [email protected] We request this information for the purpose of evaluating the Services and the individual parties and Nooks involved, but receiving a report does not obligate us to take legal action or constitute an agreement in incur any liability or undertake any action.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by contacting us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16.Warranty Disclaimer; Release from Liability
- You acknowledge and agree that we provide a platform for undertaking Nook rental transactions, and that we have no individual control over Users or Nooks, we cannot independently verify the identity, veracity, background, or other details of Users or Nooks, and that we therefore make no claim or warranty for any Nook, any User, or any User Content. We also do not guarantee that the Service will be performed error-free or uninterrupted, or that we will correct all errors. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. To the extent permitted by law, the Services are provided “As Is” and “As Available” and we disclaim all warranties of any kind and there are no other express or implied warranties or conditions including for hardware, systems, networks, or environments or for merchantability, satisfactory quality, or fitness for a particular purpose.
- YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT NOOKHUB AND ITS RELATED PARTIES AND OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEE, AGENTS AND ASSIGNS ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THESE TERMS, (B) YOUR USE OR INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THESE TERMS, (II) YOUR USE OR INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE LESSER OF THE AMOUNT OF YOUR RESERVATION OR $100.
You shall defend, indemnify, and hold harmless Nookhub, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of the Terms, or infringement by you, or any third-party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. These indemnification terms apply to any tax liability.
18. Amendments, Supplements and Modifications
We reserve the right, in our sole discretion, to unilaterally amend, change, supplement or otherwise modify or replace any of the Terms, or change, suspend, or discontinue the Services at any time without any notice or cause. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Therefore, please carefully review these Terms on a regular basis to maintain awareness of all amendments, modifications, and changes. By continuing to use the Services after any amendment, modification or change, you have agreed to be bound by all such amendmendts, modifications and changes.
19. Miscellaneous Legal Provisions
- Governing Law and Jurisdiction. These Terms and actions taken thereunder shall
be governed by, and construed in accordance with, the laws of the State of New
York, excluding conflict of law principles. For every dispute regarding this Agreement:
(i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees(whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled;
(ii)each party consents to the jurisdiction of the courts of New York and agrees that those courts have personal jurisdiction over each party;
(iii) venue must be in New York; and
(iv) the parties must submit the dispute to binding arbitration in accordance with the then
current Commercial Arbitration Rules of the American Arbitration Association before the American Arbitration Association in the City of New York, State of New York. Any award shall be final and binding and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this paragraph will be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration.
- Force Majeure. By using the Site and the Service, you agree that we will not be liable to you for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. The Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder at any time.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither you nor us has any authority of any kind to bind the other in any respect.
- Notices (Want to contact us).. When you visit the Site or send emails to Nookhub, you are communicating with Nookhub electronically. As a result, you thereby consent to receive communications from Nookhub electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Site satisfy any legal requirement that such communications be in writing. Electronic notices from you to us must be sent to [email protected]
- No Waiver. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
- Headings. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms.
- Compliance with Law. We take legal inquiries seriously and we will cooperate with local, state, federal and international governmental authorities to enforce and comply with the law. At our sole discretion, we will disclose any information necessary to comply with the law, respond to claims, and participate in the legal process (including subpoenas) to stop or prevent illegal, unethical or objectionable activity, protect public safety, or protect the property and rights of the Company.
Contact. If you have any concerns, please talk to us at [email protected]