Community Space Pilot Terms of Service and Membership Agreement (“TOS”)
This Community Space Pilot Terms of Service and Membership Agreement (“Agreement”) is entered into by 801 Jefferson, LLC (“801”, “we”, “us”; an affiliate of the Chan Zuckerberg Initiative, LLC (“CZI”)), and You, the other party entering into this Agreement (“Organization”, “You”). This Agreement governs your Organization’s use of 801’s Community Space located at 801 Jefferson Ave., Redwood City, CA 94063 (the “Space”) during events that you schedule (“Events”).
Our Privacy Notice, incorporated herein, describes the information we collect as part of your use of the Space and how we use, share, and safeguard that information.
Only approved Organizations (“Members”) can seek to reserve the Space. More information about Membership can be found in our Space Guidelines page (which is incorporated into this Agreement) or by emailing firstname.lastname@example.org.
Please note that continuing Membership is subject to your meeting the obligations laid out in this Agreement, as well as the rules 801 may set forth in our Space Guidelines.
Your Events, Your Space
801 in its sole discretion has the right to approve Events and revoke the approval of any Event that violates this Agreement. When you successfully reserve the Space for your Event, we think of the reserved Space as “yours” for the Event. That comes with a few responsibilities:
- Respect the Space. Be a caretaker for the Space so that other members of the community can enjoy it in the future. This means not damaging the Space in any way. It also means that you are responsible for any damage to the Space or injury to any person caused by you or your guests, and will defend, indemnify and hold us and CZI harmless from and against any and all claims, liabilities or costs incurred on account of any such damage or injury caused by any act or omission by you or them or otherwise by your or their neglect or fault. IF YOU INCUR SUCH DIRECT DAMAGES AS A RESULT OF USING THE SPACE, 801’s and CZI’s DAMAGES ARE CAPPED AT $1000.
- It’s your Event, not 801’s. 801 makes the space available to your Organization and others like it, but that doesn’t mean we or CZI sponsor, endorse, or officially “host” those Events – they are your Organizations’ Events. To that end, you agree to not use the CZI logo or name in your promotions or otherwise suggest your event is endorsed by CZI or 801. If you have questions about this policy, you can email email@example.com.
- Filming and Photography. You are welcome to collect photos and videos of your Event. Please seek explicit permission from other groups or individuals who may appear in your content. Please also seek permission from CZI if any content features CZI logos or branding.
801 maintains and operates the Space
801 is responsible for maintaining and operating the Space. These responsibilities come with a few conditions that may impact your Event and use of the Space.
- The Space is available for Events that align with CZI’s mission to help build a future for everyone. As a baseline, this means your Organization and your Event do not discriminate against any person or group of people in either hiring/employment practices or in the administration of programs and services, including on the basis of sexual orientation, gender identity, or race.
- Your Events will not be political events (i.e. events that: promote or oppose political campaigns; attempt to influence the outcome of public elections, including ballot measures, referenda, or constitutional amendments; carry on, directly or indirectly, voter registration drives, candidate forums, or other election-related activities; or attempt to coordinate or engage in lobbying or otherwise influencing legislation.)
- Your Events will not be private or family events (i.e. weddings, birthdays, other celebrations).
- Your Events will not be religious events (i.e. proselytizing or events whose primary focus is religious worship and instruction.)
Disputes will be resolved via arbitration
801 and CZI hope and expect that the Space will positively contribute to the community through your Events and the Events of other Members. In the unlikely event that there is a dispute arising out of or relating to the Space, your Event or this Agreement (“Dispute”), you and we agree that we shall (in good faith) meet and attempt to resolve the Dispute within thirty (30) days. If the Dispute is not resolved during that time, then you and a representative of CZI shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed upon mediator within thirty (30) additional days. If the Dispute is not resolved within that time, you agree to the below:
- The Dispute shall be determined fully, finally, and exclusively by neutral, binding, and confidential arbitration under the substantive and procedural provisions of the Federal Arbitration Act.
- The arbitration will be administered by JAMS in San Mateo County, California before a single arbitrator, and be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures.
- The arbitrator shall follow the substantive laws of the State of California in adjudicating any Dispute and judgment on any award may be entered in any court having competent jurisdiction in San Mateo County, California.
- The arbitrator shall have the power to award any type of relief that would be available in a court of competent jurisdiction and will issue a written decision at the end of the arbitration, which shall be final and binding.
- The arbitration, mediation, and all conversations in connection with the resolution of any Dispute are confidential, meaning that neither party will publicly disclose to any other person or entity any facts about the substance or existence of the Dispute, arbitration, any arbitration hearing, or the arbitration award, except as necessary to enforce or challenge such award in court or comply with applicable law, including the Brown Act.
If this arbitration provision is determined for any reason to be unenforceable or inapplicable to all or part of any Dispute, then the portion of such Dispute that is not subject to arbitration shall be instituted exclusively in the federal and state courts located in San Mateo County, California.
Pilot Stage and Questions
We are currently in a pilot phase for the Space, which means that this Agreement may change. During this pilot, 801 will work closely with you to ensure the space functions for both your organizations and the communities you serve.
Your feedback and questions during this pilot will help us make the Space a success. If you have either, please send it our way at firstname.lastname@example.org.
Date last updated: 3/05/2020
Community Space Privacy Notice
This Privacy Notice describes the data the Chan Zuckerberg Initiative, LLC (“CZI”) collects as part of offering you the Community Space located at 801 Jefferson Ave., Redwood City, CA 94063 (the “Space”), as well as how we use, share, and safeguard that information.
We also collect information as part of your visiting www.chanzuckerberg.com, which hosts this Space reservation form. The bullets below supplement our Privacy Notice for the underlying website, which is found here.
1. Who we are. CZI maintains and operates the Space.
2. The data we collect about you. We collect the information about you and your organization that you provide us when you register as a member of the Space (each registered member, a “Member”), and when you reserve the Space for your Organization’s event (“Event”). This includes:
- Information you provide to us in this form as part of the Space reservation process;
- Information you provide us to run your Event (like the list of attendees);
- Feedback and survey responses you provide us to help make the Space better; and
- information about your usage of our WiFi network. This includes information about the device and browser you’re using to access the network, and your IP address.
With your permission, we also may photograph or film the Space during your Event, capturing photos or footage that may include you, other members of your organization, or your guests. We will seek your consent prior to any filming or photography, and will ask you and others to sign media release forms.
3. How we use your data. We use your personal data to manage the Space, which includes processing membership applications, allowing Members to reserve the Space, and ensuring the safety of the Space. If you give us permission to do so, we may also use photos or film of your Event to promote the Space within the community.
4. How we share your data.
- Vendors. We don’t share your personal data with third parties except with certain vendors that provide services necessary for the operations and security of the Space. For example, when you reserve the Space for an Event, we share the guest list you provide us with a visitor management software vendor called Envoy so that we can provide your guests with access to the building. Similarly, we use Google Suite to manage booking requests and maintain our Member database.
- City of Redwood City. We may share aggregate data about how the Space is used with the City of Redwood City, but that data won’t identify any particular individual or organization.
- No selling or marketing. We don’t sell your data. If we want to use information about your use of the Space in our marketing or advocacy efforts, or otherwise share it publicly, we’ll reach out to you with additional details.
5. Your legal rights. Under certain circumstances, you have rights under California data protection laws in relation to your personal data, including the right to receive a copy of the personal data we hold about you, the right to erasure, and the right to make corrections. To exercise these rights, email email@example.com.