Spring Place

Allgemeine Geschäftsbedingungen

Copyright Our rights of ownership. We and our licensors own our respective online services, including the software and underlying technology that makes it available. All of these are protected by copyright and other intellectual property laws worldwide. By accessing or using our online services, you do not acquire any ownership rights in or to any of our intellectual property. Unless we expressly grant rights to you in writing in such terms of service, we retain all rights in our online services and software.

Our copyright policy. It is our policy to remove, or disable access to, any content that infringes any copyright on our online services after we have been notified by the copyright owner (or their legal agent). If you believe any content on our services infringes your copyright, you may request removal of those materials from our services by providing us the following information:

Identification of the copyrighted work that you claim has been infringed.
Notice of claims 3rd Party Sites & Content The Site contains links to other websites, information, products, or services that may be of interest. These links are provided for your convenience only. Spring Place expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by, or displayed on, unaffiliated third-party sites, or the transactions you may conduct or enter into with such third parties, nor Spring Place is responsible if the linked site is not working properly or appropriately. Your use of third party websites is at your own risk, and subject to the Terms and conditions of such other websites. Spring Place does not endorse any product or service provided on a third-party website. Any dealings that you have with the unaffiliated third-party site and their operators (including advertisers), including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. Spring Place shall not be held responsible or liable in any way for any part of such dealings.

Data Storage, Access, & The Right to be Forgotten We store and process data on our servers in the United States, even though the European Union has not recognized that the United States provides adequate data protection laws. Individuals in the Europe Union have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. If you wish to exercise one of the above-mentioned rights, please send us your request via email to: info@springplace.com Individuals in Europe may also have the right to file a complaint about the processing of their personal data with their local data protection authority. Please also let us know if you have any questions, concerns, disputes, or issues. Our Data Protection contact email is info@springplace.com or by physical mail at Spring Place – 6 St Johns Ln, New York, NY 10013.

We store personal data for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

We do not subject data subjects to decisions that have legal effects on them due solely to automated processing of personal data.

For United States residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, and other applicable law. For European Union residents, we undertake marketing only with your expressive affirmative consent and in compliance with applicable data privacy laws. EU residents will not be added to the marketing lists unless they have already provided express affirmative consent consistent with applicable data protection laws.

No Tenancy Membership does not imply tenancy, and — therefore — in no event shall a landlord-tenant relationship between Spring Place and a Member be deemed. Nor shall any Member have any rights as a tenant.

Liability, Accidents & Injuries Spring Place and its affiliates, subsidiaries, officers, employees, agents, representatives, or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or Spring Place had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of Spring Place and its affiliates, subsidiaries, officers, employees, agents, representatives, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states to not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Spring Place and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Spring Place has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

We want all our members and guests to relax and enjoy the activities and facilities available at our Place in safety.

Members and their guests agree to observe the Club Rules and any signs published or displayed at the Club at any time, and to take reasonable precautions when using the facilities at the Club.

If a member or guest has an accident or suffers any injury at, or in the vicinity of, Spring Place, please report this as soon as possible to a member of staff and in any event within 24 hours of the incident. As well as wanting to check on a member or guest's well-being, this information is needed in order to help us comply with our health and safety obligations and for insurance purposes.

Reporting Violations If you believe that any content or postings on this Site violates your intellectual property or other rights, please send a comprehensive detailed message to info@springplace.com, setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

Club Rules and Terms & Conditions of Membership Acceptance of membership to spring place is acceptance of the Spring Place Club Rules and Terms & Conditions of Membership. The complete Club Rules and these Terms & Conditions of Membership are accessible here.

Changes to the Terms & Conditions Spring Place reserves the right at any time to modify, alter or update these Terms without notice. Your use of the Site following any such changes shall be deemed your agreement to follow and be bound by the Terms as modified. Any change to these Terms shall be effective with respect to any visitor who has visited the Site before the change was made. Spring Place reserves the right to suspend or terminate your access to this Site and/or ability to use the services hereunder, with or without notice, for failure to comply with these Terms, for providing Spring Place with untrue or inaccurate information about yourself, for infringement on the proprietary rights of Spring Place, or for any other reason whatsoever, or for no reason.

Interpretation of the Club Rules In the event of any dispute arising as to the meaning or interpretation of these rules, the matter shall be referred to the Membership Committee, whose decision with respect to your membership shall be final and without appeal. These rules shall be governed and construed in accordance with the laws of the State of New York, law and each member agrees to submit to the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan.

Governing Law These Terms represent the entire agreement between you and Spring Place, with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

In the event of any dispute between you and us concerning these Terms, the laws of the State of New York will apply. If you wish to take court proceedings against us, you should do so within New York State, City of New York, Borough of Manhattan, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.

Indemnification You agree to indemnify, defend and hold spring place and its affiliates and its and their respective officers, directors, employees, consultants, contractors, representatives and agents (collectively, the "indemnitees") harmless from any and all actions, suits, proceedings, claims and demands brought or made by any third party (including, for the avoidance of doubt, any of: your respective officers, directors, employees, contractors, representatives, visitors, invitees and/or agents; any employees, contractors or agents of spring place; and any of spring place's other members and their respective personnel) ("third party claims") and to pay any settlements, awards, costs and expenses (including reasonable attorneys' fees and disbursements) in connection with such third party claims (collectively, "losses"), to the extent such third party claim arises out of or relates to: (i) any breach of the agreement (including the member agreement, the club rules and these membership terms and conditions) by member, (ii) any violation of the agreement by any of its staff, invitees or visitors or (iii) any other conduct, acts or omissions by member or any of its staff, invitees or visitors in connection with the membership or any of their respective use of the house, including, but not limited to, any violation of applicable laws or regulations, negligence or misconduct by member or by any of its staff, invitees or visitors. for purposes of this section "you" includes the individual member and any company for which such member works having a presence at spring place. you agree to cooperate with us. from time to time, we may investigate any actual, alleged or potential violations of these terms of service. you agree to cooperate fully in any of these inquiries.

Privacy Notice Spring Place ("Spring Place", "We", "Our", or "Us") is committed to honoring the privacy of our members and guests. This privacy notice covers personal information directly or indirectly shared with Us.

By proceeding to use our services you consent that:

(i) We may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial sign-up process or during your membership, and information that may be gathered from our security cameras located on Our premises. Note that you are not obligated to provide Us with personal information and any information collected by Us will be provided by you at your own will;

(ii) We may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims;

(iii) If you are US based individual or entity, we may also transfer the personal information collected by Us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers and our affiliates for the foregoing purposes. Some of these transferees may not be located in your country of residence, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country;

(iv) If you are non-US based individual or entity, we may also transfer the personal information collected by Us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers and our affiliates for the foregoing purposes. We shall not transfer your personal data outside of the United States without your consent, save that We may transfer, and you consent to such transfer, of your personal data to members of our group based in the European Union.

data collection / what we may collect / how we use your data

Spring Place uses the information that We collect for a variety of purposes. If We have personal information about you, We may use it, for example: to respond to your questions or requests concerning the Site or other services offered by Spring Place or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for Our services or otherwise complete a transaction that you initiate; to send you information about Our services and other topics that are likely to be of interest to you; to deliver confirmations, account information, notifications, and similar operational communications; to populate your Spring Place profile; to improve your user experience and the quality of Our Site and services; to comply with legal and/or regulatory requirements; and to manage Our business.

We use the non-personal information that We collect for such purposes as: counting and recognizing users of the Site; analyzing how users navigate the Site and use various Site features; improving the Site and enhancing users' experiences with the Site; creating new products and services or improving Our existing products and Services; enabling additional website analytics and research concerning the Site; and managing Our business. Spring Place may link non-personal information gathered using cookies and web beacons with personal information. In that event, we will treat the combined information as personal information.

We also may use the personal and non-personal information that We collect to send you promotional communications including emails or postal mail about the products and services offered by Spring Place or Our partners. Although we hope you will find Our promotional emails of interest, you may opt out of receiving them by sending an email to info@springplace.com with "optout" in the subject line. Promotional emails also will have instructions for opting out of that type of communication in the future.

Spring Place collects both "personal information" and "non-personal information" about Site users. For purposes of this Policy, "personal information" is information such as a name or email address that Spring Place can directly associate with a specific person without additional information. "Non-personal information" is information that Spring Place cannot directly associate with a specific person without the aid of additional information. When We combine non-personal information with personal information, we treat all of the combined information as personal information.

Collecting personal and non-personal information enables Us to provide a better experience for our Members and Visitors. As discussed in more detail herein, we collect this information for a variety of purposes, including protecting the security of the Site and Our users, gauging the effectiveness of and improving Our service and Site, distributing our newsletters, notifying the winners of contests and sweepstakes, facilitating participation in specified activities, and promoting the Site and other products and services provided by Spring Place.

We may retain personal information for an indefinite amount of time to preserve Our database and to comply with various federal and state laws. Please note that the following personal data about you We may collect will include, but not limited to:

The personal details you provide (such as name, address, e-mail address; business address and phone number) when submitting a membership application.
Information about your debit/credit card and bank account information that We require for the purpose of recording and processing your membership application (and administering your membership).
Personal details you choose to give when corresponding with Us by phone, e-mail or that you provide to Us when you visit one of our clubs or other premises.
We may also receive other personal or private information about you that you choose to submit to this Site or any other websites we operate. We may use your personal data in the following ways:
to acknowledge, confirm and deal with your membership application (and where necessary put you on our waiting list).
where We are asked to deal with any enquiries or complaints you make.
where you are a member, provide you with membership services and administer your membership account.
to contact you in connection with user/customer/member surveys and use any information you choose to submit in response.
to administer Our Site and ensure that our Site is presented in the most effective manner for you and for your computer/device.
for internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of Our efforts to keep Our Site secure.
we may use your personal for other purposes which you have consented to and We may combine personal data that you provide to Us with other information We collect about you for the purposes set out in this Privacy Policy. Security Spring Place requires our employees to protect all information collected through the Site. Only employees with specific authorization have access to databases containing users' personal information. Spring Place uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. However, please keep in mind that no security program is entirely infallible and thus We cannot guarantee the absolute security of your personal or other information.

Data Protection Rights Certain applicable data protection laws give you a right to receive information about the personal data We hold on you. You may also have the right to ask Us not to process your personal data for marketing purposes; or where the processing of your personal data is causing unwarranted damage or distress; or, ask Us to delete or correct any personal data that We hold about you which is inaccurate or no longer relevant. If you wish to exercise any of these rights please contact Us as described in the CONTACT section below. Any access request may be subject to a small fee to meet our costs. We may also need to ask you for further information to verify your identity before We can respond to any request.

Disclosure of Information We may share your personal data with third parties in the following situations:

We may make your personal data available to selected third parties who act on Our behalf to support Our operations (for example, card processing or payment services) and credit reference agencies to protect against possible fraud.
Our IT suppliers and contractors (e.g. data hosting providers or delivery partners) may need to have access to your personal information to provide IT support and enable Us to provide membership services and other goods/services available on this Site or to members
If We Sell our business or Our company assets are acquired by a third party, personal data held by Us about Our members or customers may be one of the transferred assets. If We need to disclose your personal data to comply with a legal obligation or to enforce our General Terms & Conditions, membership rules or other applicable contract terms that you are subject to
To protect Us, Our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organization. Severability Conflict If a court or an arbitrator of competent jurisdiction determines that any provisions, terms, or conditions of this Membership Terms and Conditions are illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions (or portions of them) and obligations shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. If there is a con?ict between the provisions of Spring Place Membership Application and this Membership Terms and Conditions, the terms of this Membership Terms and Conditions shall prevail.

Waiver The failure of Spring Place to insist upon strict adherence to any term of this Membership Terms and Conditions on one or more occasions shall not be considered to be a waiver or deprive Spring Place of the right thereafter to insist upon strict adherence to such term or any other term of this Membership Terms and Conditions. In order to be effective, any waiver must be in writing, signed by a duly authorized agent of Spring Place, and delivered to the Member.

Force Majeure Spring Place shall not be liable to any Member, nor may Spring Place be deemed to have defaulted under or breached this Membership Terms and Conditions, for any failure or delay in ful?lling or performing any term of this Membership Terms and Conditions or any services hereunder due to any of the following causes beyond Spring Place's reasonable control: (i) acts of God, (ii) ?ood, ?re, or explosion, (iii) war, invasion, riot, terrorism, or other civil unrest, (iv) actions, embargoes or blockades in effect on or after the date of this Membership Terms and Conditions, (v) action by any governmental authority, (vi) national or regional emergency, (vii) strikes, labor stoppages, or slowdowns or other industrial disturbances, (viii) shortage of adequate power or transportation facilities, or (ix) any other event that is beyond the reasonable control of Spring Place.

Cookie Disclosure Statement Last updated: [3/26/2018]

We employ the use of cookie technology and web beacons throughout our site, to allow you to move more quickly and securely through our pages. Along with a registration process that uses data encryption, we offer consistently secure, efficient online sessions that allow you to validate your subscription, access your account and retain some personal settings so you can read what you want, the way that you want it. And this is all made possible by cookie technology. Below you'll find information describing our specific use of cookies, which are an inherent part of our production process and have enabled us to better serve you.

What's a cookie? A cookie is a small text file that's sent to your computer or other device by a site's server. A cookie can be a record of your visit to a site, including information such as your User Name, time of last visit, pages viewed, etc. Contrary to what you might read elsewhere, cookies cannot get information from your hard drive against your will, destroy files, send you viruses, etc. An important point: Cookies can only contain as much information as you disclose to the site that sent it to you! In our case, that means any information included in your subscription form or that you input during the customization of our site.

Why do you use cookies? We use cookies for basic reasons: To allow you to move more quickly and securely through our site. We accomplish this in many ways, using several different cookies. When you first enter our site, for example, we use a test cookie to confirm your browser's ability to retain cookies, check our database to verify your subscription and log the Internet protocol (IP) that your session originates from. A cookie is then temporarily "set" within your browser to allow you to proceed -- without having to ask you for your User Name and Password with each subsequent page you request. Without cookie technology, we wouldn't be able to offer you convenient features such as the ability to store your User Name and Password and save settings for your customized experience.

So, what's in it for me? Here's a quick rundown of what we see as the biggest advantages of cookies:

Faster, more secure access: So, we don't have to ask you to identify yourself with each new page requested. We can also deliver you customized information and store your settings more efficiently.
Better information: We want to give you features and services that you're interested in. By monitoring popular -- and not-so-popular -- features in an aggregate manner, we can better serve your needs. So, do you track my usage patterns using cookies? We track the usage of various features within our sites on an aggregate basis and report this to advertisers. However, we do not track your usage or other personal information in any individually identified way.

Some web browsers may transmit "Do Not Track" signals to websites visited by the user. Our information collection and disclosure practices will continue to apply as described in this policy, regardless of any "Do Not Track" signals that are sent by certain browsers.

Will the cookies you send me go away? Some of the cookies we use are automatically deleted from your hard drive after the end of the browser session ("session cookies"). We also use cookies that remain on your hard drive for a certain period of time (between one day and thirty days depending on the cookie) after the browser session. "Persistent cookies" are stored on your hard drive and will be deleted by the browser after the given time. You are, of course, free to clear any and all cookies from your hard drive any time you wish. Just search your system for any files named cookie.txt or similar and delete them at your discretion.

So, should I surf your site with my browser's cookie-alert feature activated? We'd recommend that you turn that feature off, perhaps after using the site for a day with it on so you can see our cookies firsthand if you wish. Our use of cookies ultimately helps you have a better experience here. And because we rely on cookies throughout our site, you might find it cumbersome to be alerted to each cookie you'll encounter. Many of our cookies last only for 12 hours, so you'll see them every day.

How can I amend my cookie preferences? You can configure your browser settings to accept or reject all cookies, notify you when a cookie is set, or delete cookies that have already been set. Every browser is different, so check the "Help" menu of your browser to learn about and to change your cookie preferences. You are always free to decline our cookies if your browser permits, although you may not be able to use certain features on our site. In addition, a number of companies offer utilities designed to help you visit websites anonymously. The site www.allaboutcookies.org includes instructions for managing cookies on many commonly used browsers.

Do you use third party advertising cookies? When you visit our site, you may receive cookies that are set by third parties. We use third party retargeting and remarketing features on our website. These technologies allow us to address internet users who previously visited the site by personalized advertising on our partners' websites. For this purpose, the retargeting or remarketing provider will store a cookie on your hard drive.

Because cookies do not contain or access any personal information, we also allow third parties, like ad networks and servers, to serve customized ads to you. As a result, third parties may access their own cookies or other tracking technologies on your computer or mobile phone. We do not have access to information collected by these third parties, nor does this Cookie Disclosure Statement or our Privacy Policy govern the use of third party cookies or similar technology.

If you do not wish to receive these tailored advertisements, you may visit the following pages to opt-out: Google Criteo NAI Opt Out Tool

Do plug-ins on our site store cookies? When you access our site, the plug-in provider may store a cookie in your browser. We have no control over the scope of the data collected by the provider by means of the plug-in.

The plug-ins may provide their hosts with information such as the date and time of your visit to our websites, your IP address, or the type of browser you use. If you are logged on to your account with the plug-in provider while visiting our websites and you interact with the plug-ins (such as by clicking the corresponding button on our website), the provider may match this information and any data you enter. Your recommendations or comments may be displayed as information, together with your profile name and photograph, in the relevant provider's service, for instance in search results or in your user profile, or at other places on web sites and in advertisements on the internet.

If you are not a member of the relevant provider's service, the provider may under certain circumstances nevertheless obtain and store your IP address.

For the purpose and scope of the data collection, data processing, and use of your data by the provider, as well as your related rights and opt-out possibilities, please see the privacy policies of Twitter and Google.

If you are a member of the relevant service and do not wish the service provider to collect data on you via our websites and connect them with the member data stored by the provider, you have to log off from your account with the provider before visiting our internet sites.

Akzeptieren & Weiter