You are about to access the Internet through a KOI Creative Space, LLC wireless (WiFi) Internet access point (the “Service”) provided by KOI Creative Space, LLC Management LLC (“we,” “our,” or “us”). By using or accessing the Service, you agree to these Wireless Network Terms of Service (“WiFi Terms of Service”), which are an agreement between you and us.
PLEASE READ THESE WIFI TERMS OF SERVICE AND THE TERMS, POLICIES, AND GUIDELINES THAT THEY INCORPORATE CAREFULLY. THEY INCLUDE IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING A BINDING ARBITRATION CLAUSE.
We may revise the WiFi Terms of Service at any time. You are deemed to accept the current WiFi Terms of Service each time you use or access the Service, and it is your responsibility to review it for any changes each time. If you do not accept these WiFi Terms of Service, you may not access the Internet using the Service.
1. ACCESS TO WIFI
Your access to the Service is completely at our discretion. Your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these WiFi Terms of Service, disruption of access to other users or networks, or to otherwise protect us, our users, or other third parties.
The Service is available to your device only when it is in the operating range of our WiFi access points. The Service is subject to unavailability, including without limitation emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. We are not responsible for any interruptions or performance issues with the Service, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the Service.
2. PRIVACY & SECURITY
This is an open wireless network. You acknowledge that no network communication is 100 percent secure, wireless communications can be intercepted by equipment and software, and no network communication should be considered private or protected.
We also have the right, but not the obligation, to monitor, intercept and disclose any transmissions over or using our facilities and the Services, and to provide use records, and related information under certain circumstances, such as response to lawful process, orders, warrants or subpoenas, or to protect our rights, property and users.
Some jurisdictions impose restrictions on the extent of network monitoring, so the statement above relating to our monitoring may not apply to you. In such event, we reserve the right to monitor the Services and network to the maximum extent allowed under applicable law.
3. PROHIBITED USES OF THE SERVICE
You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the Services or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the Services. For example, and without limitation, you may not: • upload or transmit through the Internet any (1) computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (2) any material which is defamatory, offensive, or of an obscene nature;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the Services or our other websites;
• share your IP address or ISP Internet connection with anyone;
• reproduce, retransmit, disseminate, or resell the Service or authorize any other individual or entity to use the Service, whether for profit or not, without our express written permission.
Breaching this provision may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate the Terms of Service. We have the right, but not the obligation, to suspend or terminate your access and use of the Services and to block or remove any communications or materials transmitted through our Service.
4. CONTENT AND THIRD PARTIES
The Internet contains materials that you may find objectionable or offensive. We are not responsible or liable for, any third-party information, content, services, products, software or other material that can be accessed through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability, accuracy, timeliness or delivery of such services, products and other information. You are responsible for paying any charges that you incur from third parties through your use of the Service, and your personal information may be available to third parties that you access through the Service.
5. ADDITIONAL DISCLAIMERS & LIMITATION OF LIABILITY
We are providing the Service on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
You waive any and all claims and rights against us and our landlord and our and its affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (the “KOI Creative Space, LLC Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the KOI Creative Space, LLC Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify KOI Creative Space, LLC from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this Agreement by you.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.
6. GENERAL PROVISIONS
Your use of the Services is subject to and governed by the KOI Creative Space, LLC Terms of Service and all policies, rules and guidelines referenced or incorporated therein (“TOS”). You agree to comply with the TOS and that any disputes relating to the Services or these WiFi Terms of Service shall be govered by the TOS. Certain provisions of the TOS are repeated herein, but do not negate your obligation to read and abide by the TOS.
PLEASE READ THE TOS CAREFULLY BECAUSE THEY INCLUDE IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING A BINDING ARBITRATION CLAUSE .