Park Happy
Home » Terms of Use

Terms of Use

Vagabond Ventures, LLC, a Delaware limited liability company d/b/a SpaceDerby ("SpaceDerby," the "Company," "we," "us" or "our") operates this website and mobile application (the "Site") and the services related to or offered on the Site (hereinafter, the "Service" or "Services"). These terms of use ("Terms" or "Agreement") govern your access to and use of the Site and the Services. The Service is limited to providing information regarding the location and potential availability of parking places to users of the Site and providing users the ability to reserve parking. Third parties who are neither our agents nor acting on our behalf provide parking services which you may learn about on the Site.

We do not:

  • Provide parking services;
  • Operate a parking lot or accept custody of motor vehicles;
  • Settle disputes between users of the Site or Services;
  • Settle disputes between users of the Site or Services;
  • Guarantee the availability of a particular parking place in the location you selected
  • Guarantee that the internet, the Site or any e-mail from us is free of "viruses" or other potentially harmful effects;
  • Assume responsibility whatsoever for the consequences of not being able to park or delays associated with parking.; or
  • Guarantee the suitability of a parking place.

1. Acceptance of Terms

By using the Service, you signify your acceptance of and agreement to comply with these Terms and are entering into a legally binding contract. SpaceDerby has the right to strictly enforce these Terms. If you do not accept and agree to the terms of this Agreement, please do not access the Site or use the Services.

2. Eligibility To Use This Service

By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under the current laws of your jurisdiction.

3. Pricing and Availability

SpaceDerby facilitates the reservation of parking places between those seeking short- term parking (the "Licensees") (collectively referred to herein as "you" or "users") and owners of independently owned and operated parking places (the "Licensors""). You must present the receipt in accordance with instructions included in the reservation to receive your parking space. The parking reservation is valid only for the times listed on the receipt. While SpaceDerby makes every effort to provide accurate information regarding the parking places listed on the Site, your use of the Site or the Services is at your sole risk. SpaceDerby does not set the parking prices, operate the parking lots or determine parking availability. You acknowledge that SpaceDerby pre-negotiates certain parking rates with Licensors to facilitate the booking of reservations on your behalf. The parking rate displayed on the Site is a combination of the pre-negotiated parking rate for parking places reserved on your behalf by SpaceDerby and the transaction fee retained by SpaceDerby to compensate us for our services. You acknowledge that all pricing displayed on our Site is for guaranteed pre-booked parking, and may differ from the drive-up price, if available. Despite our best efforts, errors may occur in the prices of parking listed on the Site. We expressly reserve the right to correct any pricing errors on our Site and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price, or you may cancel your reservation without penalty. We are under no obligation to provide parking reservations to you at an incorrect (lower) price even after confirmation of your booking.

SpaceDerby is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Licensor and the Licensee as posted at the parking lot location or provided to the Licensee by the Licensor. By using the Service, Licensors warrant that they have full authority to lease the parking space they propose to license and that nothing in the Licensor's lease, deed, home owner's insurance or condo association covenants prohibits the Licensor from licensing their parking space.

When a reservation is submitted online, the quoted rate is fixed. The reservation rate, therefore, may not be combined with any additional coupons, special offers, special discounts or other promotion when exiting the parking lot. Licensees agree to abide by the terms and conditions of the purchase imposed by any Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Licensor. You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site. SpaceDerby is not responsible in any way for the accuracy or suitability of any payment to any entity on your behalf.

4. Cancellations and Refunds

Reservations purchased through the Site are fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Licensees may cancel a reservation for any reason before that time. Within the 24 hours prior to the start of the parking reservation, all reservations are non-refundable regardless of a Licensee's use or non-use of the parking reservation. SpaceDerby understands that many Licensees use the Service to find parking for special events. SpaceDerby reminds Licensees that start times of scheduled events are subject to change, may have open-ended end times and may be canceled. Licensees are bound by the negotiated terms of their agreements with Licensors, as well as the terms of this Agreement, regardless of any change in the event for which they reserved the parking space.

5. Personal Information

In order to access certain services on the Site, you will be required to register for an account and provide information about yourself (such as identification or contact details) as part of the registration process for interaction on the Site or as part of your continued use of the Site. You agree that any registration information you provide on the Site is accurate. Additionally, you agree that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services provided by the Site. If you become aware of any unauthorized use of your password or of your account, you agree to notify SpaceDerby immediately at help@spacederby.com. The terms of this section will survive termination of this Agreement and your use of the Service.

6. Communications

Postings to the Site and e-mail delivered to SpaceDerby are not confidential, and SpaceDerby is not liable for any use or disclosure of that information. All communications and other materials you submit to the Site or to SpaceDerby by e-mail (including, without limitation, unsolicited ideas, suggestions, or materials) are the sole and exclusive property of SpaceDerby and may be used by SpaceDerby for any purpose (commercial or otherwise) without further permission or compensation to you.

7. Third Parties

Information obtained through the Site may not be reliable. SpaceDerby cannot be responsible for the content or accuracy of any information obtained while using the Services and shall not be responsible for any transaction, interaction or contact resulting from the Services.

8. Intellectual Property Rights

SpaceDerby retains any and all right, title, and interest in the elements of the Service, including but not limited to all scripts, text, user interface, registered and common law copyrights, registered and common law trademarks, registered and common law service marks, graphics and logos distinctive to the SpaceDerby brand. Permission is granted to electronically copy or print in hard-copy portions of this Site for the sole purpose of using this Site as a consumer resource. For any other purpose, you may not, without SpaceDerby's prior express written consent, use, copy, or otherwise distribute any such elements of the Site or use the information for any commercial purpose or for any public display (commercial or non-commercial). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may appear within the Site. The terms of this section will survive termination of this Agreement and your use of the Service.

9. Limitation Of Liability

Users of the Service contract for services directly with other users. SpaceDerby is not a party to any contract formed by the use of the Service other than as provided by this Agreement. You agree that you are solely responsible for (and that SpaceDerby has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under your account.

BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPACEDERBY AND ITS AFFILIATES, OFFICERS, LICENSEES, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The Licensor is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the Licensee to the Licensee's vehicle while parked, attempting to park or attempting to exit from the parking space. The Licensee waives all claims of liability against the Licensor for any damage or injury to the Licensee, the Licensee's vehicle, and the Licensee's passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking lot premises. The Licensee takes responsibility for any injuries to parties, or any damage caused to Licensee's property or the property of another caused by the Licensee while on the Licensor's premises. The duration of the reservation is subject to negotiation between users. In the event that the Licensee does not remove his or her vehicle from the parking space within 15 minutes after the reservation's designated end time, the Licensee runs the risk of being towed and accepts full responsibility for costs associated with the tow of the Licensee's vehicle. The terms of this section shall survive termination of this Agreement and your use of the Service.

10. Disclaimer of Warranties

You agree that the use of the Service is at your own risk. We bear no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site. SPACEDERBY provides the Service on an "AS IS" and "AS AVAILABLE" basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPACEDERBY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. SPACEDERBY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE.

THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SpaceDerby does not warrant that (i) the Site or the Services will meet your requirements; (ii) the Site or Service will be uninterrupted, timely, secure or error-free; (iii) the quality of the Services will meet your expectations; or (iv) any errors in the Service or the Site will be corrected. The terms of this section shall survive termination of this Agreement and your use of the Service.

11. Indemnity

By using the Service, you agree to indemnify SpaceDerby and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from (i) your use of the Service, (ii) your violation of this Agreement or your breach of any representations and warranties herein; (iii) your violation of any third party right including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right by you; and (iv) your use of the Site or Service to interact or communicate with other users and any losses claimed as a result thereof. The terms of this section shall survive termination of this Agreement and your use of the Service.

12. Conduct

By using the Service, you agree to the following covenants:

  • Due Care. The Licensee agrees that the Licensee will enter and exit the parking lot with due care and caution for the premises, the persons and the vehicles on the premises at all times. The Licensee's failure to exercise due care while accessing (including by foot) the parking lot is solely the fault of the Licensee. Neither SpaceDerby nor the Licensor is liable for any injury resulting from open and obvious conditions.
  • Impersonation. You shall not impersonate others through the Service in a manner that does or is intended to mislead, confuse, or deceive other users of the Service regarding your identity.
  • Illegal Activities. You shall not use the Service to solicit, enable or perform illegal acts or to deliver illegal products to other users of the Service. It is illegal to operate a motor vehicle while intoxicated and, in many jurisdictions, to use a mobile phone or other handheld device while driving. SpaceDerby does not endorse driving under the influence or using mobile phones or other handheld devices while driving. You agree that you will not use or access SpaceDerby's Site or Services, under any circumstances, while driving or otherwise operating a vehicle of any kind.
  • Disruption. You shall not engage in any activity that interferes with or disrupts the Services provided by the Site (or the servers and networks which are connected to the Site). You shall not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • Intellectual Property Rights. You shall not use the Service to display any content that violates the intellectual property rights of any user or third party.
  • Spam. You shall not use the Service to distribute unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies. You shall not use any robot or spider to collect information about users for any unauthorized purpose.
  • Privacy. You shall not use the Service to infringe on the privacy of others by posting confidential information including but not limited to credit card numbers, social security numbers, residential or business addresses, e-mail addresses, or other personally identifiable information without their express authorization.
  • Abusive Content. You shall not use the Service to display content that does or is intended to harass, defame, threaten, or otherwise abuse others.
  • Pornographic Content. You shall not use the Service to display Content that is pornographic in nature.

13. Termination of Service

SpaceDerby reserves the right, in its sole discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. SpaceDerby reserves the right to decide whether your conduct has violated any terms of this Agreement.

SpaceDerby reserves the right, without notice or permission, to remove or otherwise alter any content you submit to the Site.

14. Agency and Employment

Users of the Service contract for services directly with other users. SpaceDerby is not a party to any contract formed by the use of the Service other than as provided by this Agreement.

This Agreement is not a contract for employment. No agency relationship exists between you and SpaceDerby or its affiliates, officers, licensees, licensors, employees, agents, and other partners.

15. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • 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 are covered by a single notification, a representative list of such works;
  • 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 us to locate the material;
  • • Your address, telephone number, and email address;
  • 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; and
  • 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.

SpaceDerby's designated Copyright Agent to receive notifications of claimed infringement is Bart Loethen; email: bart@synergylawgroup.com; fax: 312.454.0261. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

16. Modifications to this Agreement

SpaceDerby reserves the right to modify the terms of, or impose additional terms or conditions to, this Agreement without notice and in its sole discretion at any time. Please check the Terms frequently for modifications. Additional terms or conditions are effective upon their incorporation into this Agreement. Your continued use of the Service after modification of the Terms will constitute acceptance of those changes.

17. Miscellaneous

This Agreement constitutes the entire agreement between you and SpaceDerby, and supersedes any prior written or oral agreements. All state, federal, and local laws supersede this Agreement if contradictory. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreeement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. SpaceDerby's failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. The parties consent to the exclusive jurisdiction of the state courts of Cook County, Illinois or of the United States District Court for the Northern District of Illinois and irrevocably agree that all actions or proceedings relating to this Agreement will be litigated in such courts. The parties waive any objection based on improper venue or forum non conveniens.

Mobile Apps