XpresSpa Group

Current Terms of Use

Your Acceptance

These are the terms of use ("Terms of Use") for your use of services and/or features on the sites owned and controlled by XpresSpa Group Corp. and its direct and indirect affiliates and subsidiaries (collectively referred to herein as "XpresSpa Group"). XpresSpa Group may add additional websites and/or services from time to time as it expands its offerings and these Terms of Use will govern those new websites and/or services when added. By using and/or visiting any website owned or controlled, directly or indirectly, by XpresSpa Group (collectively, including all Content, as defined below, available through XpresSpa Group' domain names, the "XpresSpa Group Website", or "Website" and any associated services and applications on your mobile device), you signify your assent to both these terms and conditions (the "Terms of Use") and the terms and conditions of XpresSpa Group' Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the XpresSpa Group Website. You may be accessing the Website from a computer, mobile device, App or by any other means now known or hereafter devised, and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

XpresSpa Group Website

These Terms of Use apply to all users of the XpresSpa Group Website, including users who are also contributors of video content, information, and other materials or services on the Website. The XpresSpa Group Website may contain links to third party websites that are not owned or controlled by XpresSpa Group. XpresSpa Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, XpresSpa Group will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release XpresSpa Group from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the XpresSpa Group Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access

  • XpresSpa Group hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the prior written authorization of XpresSpa Group; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will not copy any Content other than DRM-free downloads, any copies of DRM-free downloads shall be limited as reasonably necessary for your personal and non-commercial use, and any other copying of Content is strictly prohibited; (v) except as otherwise explicitly permitted by law, you shall not attempt to interfere with, remove or alter any rights management, encryption or identifier information that may be associated with any Content; (vii) except as otherwise explicitly permitted by law, you shall not attempt to interfere with, remove or alter any technical measures associated with any Content which are designed to prevent or restrict the unauthorized use of such Content; and (viii) you will otherwise comply with the terms and conditions of these Terms of Use.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the XpresSpa Group servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, XpresSpa Group grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. XpresSpa Group reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Intellectual Property Rights

The content on the XpresSpa Group Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to XpresSpa Group, or XpresSpa Group believes it has a "fair use" right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. XpresSpa Group will promptly address all claims of infringement in accordance with the procedures set forth in Section 12. Content on the Website is provided to you AS IS for your information and personal, noncommercial use only and may not be used, copied, reproduced, distributed, redistributed, transmitted, broadcast, displayed, communicated, publicly performed, sold, licensed, sub-licensed, rented, lent, adapted, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  XpresSpa Group and the respective Content owners reserve all rights (in law and equity) not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. Notwithstanding the foregoing, you may copy DRM-free downloads, provided that any copies of DRM-free downloads shall be limited as reasonably necessary for your personal and non-commercial use, and any other copying of Content is expressly prohibited. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the XpresSpa Group Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the XpresSpa Group Website or the Content therein.

User Submissions

  • The XpresSpa Group Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, XpresSpa Group does not guarantee any confidentiality with respect to any submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize XpresSpa Group to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to XpresSpa Group, you hereby grant XpresSpa Group a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the XpresSpa Group Website and XpresSpa Group' (and its successor's) business, including without limitation for promoting and redistributing part or all of the XpresSpa Group Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the XpresSpa Group Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the XpresSpa Group Website.
  • In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant XpresSpa Group all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage XpresSpa Group or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. XpresSpa Group does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and XpresSpa Group expressly disclaims any and all liability in connection with User Submissions. XpresSpa Group does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and XpresSpa Group will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. XpresSpa Group reserves the right to remove Content and User Submissions without prior notice. XpresSpa Group will also terminate a User's access to its Website, if the User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. XpresSpa Group also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. XpresSpa Group may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  • In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing XpresSpa Group' copyright agent (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • XpresSpa Group' designated Copyright Agent to receive notifications of claimed infringement is:
  • DMCA Complaints:
  • XpresSpa Group 780 3rd Ave. 12th Floor,
  • New York, NY 10017
  • USA
  • Email: Copyright@FORMHoldings.com
  • For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to XpresSpa Group customer service  at info@FORMHoldings.com.You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
  1. You understand that when using the XpresSpa Group Website, you will be exposed to User Submissions from a variety of sources, and that XpresSpa Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive and release, and hereby do waive and release, any/all legal or equitable rights or remedies you have or may have against XpresSpa Group with respect thereto, and agree to indemnify and hold XpresSpa Group, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  2. XpresSpa Group permits you to use and link to materials on the Website for personal, non-commercial purposes only. XpresSpa Group reserves the right to discontinue any aspect of the XpresSpa Group Website at any time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE XpresSpa Group WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XpresSpa Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. XpresSpa Group MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XpresSpa Group WEBSITE. XpresSpa Group DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE XpresSpa Group WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XpresSpa Group WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL XpresSpa Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY ORDINARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XpresSpa Group WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT XpresSpa Group SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by XpresSpa Group from its facilities in United States. XpresSpa Group makes no representations that the XpresSpa Group Website is appropriate or available for use in other locations. Those who access or use the XpresSpa Group Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless XpresSpa Group, all of its affiliates and subsidiaries, and all of their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the XpresSpa Group Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the XpresSpa Group Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the XpresSpa Group Website is not intended for children under 13. If you are under 13 years of age, then please do not use the XpresSpa Group Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by XpresSpa Group without restriction including, without limitation in the event of a change of control of XpresSpa Group by merger, acquisition, sale, or operation of law.

Miscellaneous

XpresSpa Group encodes the audio of all Content with the ACC encoder at 128k bits per second. XpresSpa Group reserves the right to anonymously track and report all of your activity on the Website and XpresSpa Group' application on your mobile device. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and XpresSpa Group that relates to, or arises in whole or in part from the XpresSpa Group Website shall be decided solely and exclusively by a federal or state court of competent jurisdiction located in the City of New York, Borough of Manhattan. These Terms of Use, together with the Privacy Notice and any other legal notices published by XpresSpa Group on the Website, shall constitute the entire agreement between you and XpresSpa Group concerning the XpresSpa Group Website. If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and XpresSpa Group' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. XpresSpa Group reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the XpresSpa Group Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND XpresSpa Group AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE XpresSpa Group WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints:

XpresSpa Group Corp.

780 3rd Ave. 12th Floor,

New York, NY 10017

USA

Email: Copyright@FORMHoldings.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you elect to send XpresSpa Group a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the user.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints:

XpresSpa Group

780 3rd Ave. 12th Floor,

New York, NY 10017

USA

Email: Copyright@xpresspagroup.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Updated as of January 4, 2018