Terms of Service

You must be over 18 to use Scatterwave.

We are not liable to damage to venues and band equipment

You are performing in a place that is allowed to host live music

1.2.

As the provider of the Scatterwave Platform, Scatterwave does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Scatterwave an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Scatterwave is not and does not become a party to or other participant in any contractual relationship between Members, nor is Scatterwave a real estate broker or insurer. Scatterwave is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3.

While we may help facilitate the resolution of disputes, Scatterwave has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Scatterwave does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Scatterwave about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Scatterwave of any Host or Listing.

1.4.

If you choose to use the Scatterwave Platform as a Host or Co-Host (as defined below), your relationship with Scatterwave is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Scatterwave for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Scatterwave. Scatterwave does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5.

To promote the Scatterwave Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Scatterwave cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Scatterwave Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6.

The Scatterwave Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Scatterwave is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Scatterwave of such Third-Party Services.

1.7.

Due to the nature of the Internet, Scatterwave cannot guarantee the continuous and uninterrupted availability and accessibility of the Scatterwave Platform. Scatterwave may restrict the availability of the Scatterwave Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Scatterwave Platform. Scatterwave may improve, enhance and modify the Scatterwave Platform and introduce new Scatterwave Services from time to time.

  1. Eligibility, Using the Scatterwave Platform, Member Verification

    2.1.

    You must be at least 18 years old and able to enter into legally binding contracts to access and use the Scatterwave Platform or register a Scatterwave Account. By accessing or using the Scatterwave Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

    2.2.

    You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    2.3.

    Scatterwave may make access to and use of the Scatterwave Platform, or certain areas or features of the Scatterwave Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

    2.4.

    User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

    2.5.

    The access to or use of certain areas and features of the Scatterwave Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Scatterwave Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

    2.6.

    If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Scatterwave Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

  2. Modification of these Terms

    Scatterwave reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Scatterwave Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Scatterwave Platform will constitute acceptance of the revised Terms.

  3. Content

    4.1.

    Scatterwave may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Scatterwave Platform ("Member Content"); and (ii) access and view Member Content and any content that Scatterwave itself makes available on or through the Scatterwave Platform, including proprietary Scatterwave content and any content licensed or authorized for use by or through Scatterwave from a third party ("Scatterwave Content" and together with Member Content, "Collective Content").

    4.2.

    The Scatterwave Platform, Scatterwave Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Scatterwave Platform and Scatterwave Content, including all associated intellectual property rights, are the exclusive property of Scatterwave and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Scatterwave Platform, Scatterwave Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Scatterwave used on or in connection with the Scatterwave Platform and Scatterwave Content are trademarks or registered trademarks of Scatterwave in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Scatterwave Platform, Scatterwave Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

    4.3.

    You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Scatterwave Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Scatterwave or its licensors, except for the licenses and rights expressly granted in these Terms.

    4.4.

    Subject to your compliance with these Terms, Scatterwave grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Scatterwave Platform and accessible to you, solely for your personal and non-commercial use.

    4.5.

    By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Scatterwave Platform, you grant to Scatterwave a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Scatterwave Platform, in any media or platform. Unless you provide specific consent, Scatterwave does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

    4.6.

    Scatterwave may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Scatterwave .com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Scatterwave Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Scatterwave Account is terminated or suspended for any reason. You acknowledge and agree that Scatterwave shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Scatterwave is not the exclusive owner of Verified Images, by using such Verified Images on or through the Scatterwave Platform, you grant to Scatterwave an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Scatterwave in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Scatterwave Platform solely for your personal and non-commercial use.

    4.7.

    You are solely responsible for all Member Content that you make available on or through the Scatterwave Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Scatterwave Platform or you have all rights, licenses, consents and releases that are necessary to grant to Scatterwave the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Scatterwave use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    4.8.

    You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Scatterwave Content Policy or any other Scatterwave policy. Scatterwave may, without prior notice, remove or disable access to any Member Content that Scatterwave finds to be in violation of these Terms or Scatterwave then-current Policies or Standards, or otherwise may be harmful or objectionable to Scatterwave , its Members, third parties, or property.

    4.9.

    Scatterwave respects copyright law and expects its Members to do the same. If you believe that any content on the Scatterwave Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

  4. Service Fees

    5.1.

    Scatterwave may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Scatterwave Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

    5.2.

    Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Scatterwave reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

    5.3.

    You are responsible for paying any Service Fees that you owe to Scatterwave . The applicable Service Fees (including any applicable Taxes) are collected by Scatterwave Payments. Scatterwave Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Scatterwave Payments. Except as otherwise provided on the Scatterwave Platform, Service Fees are non-refundable.

    Terms specific to Hosts

    Terms Specific to Bands

    Terms Specific to Audiences

  5. Ratings and Reviews

    6.1.

    Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Scatterwave . Ratings and Reviews are not verified by Scatterwave for accuracy and may be incorrect or misleading.

    6.2.

    Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Scatterwave Content Policy and Extortion Policy.

    6.3.

    Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

    6.4.

    Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Scatterwave Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

    6.5.

    As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

    6.6.

    If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Scatterwave , you will be given an opportunity to respond. If you agree to pay the Host, or Scatterwave determines in its sole discretion that you are responsible for the Damage Claim, Scatterwave Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Scatterwave also reserves the right to otherwise collect payment from you and pursue any remedies available to Scatterwave in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Scatterwave Host Guarantee.

    6.7.

    Members agree to cooperate with and assist Scatterwave in good faith, and to provide Scatterwave with such information and take such actions as may be reasonably requested by Scatterwave , in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Scatterwave Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon Scatterwave reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Scatterwave or a third party selected by Scatterwave or its insurer, with respect to losses for which a Member is requesting payment from Scatterwave (including but not limited to payments under the Scatterwave Host Guarantee).

    6.8.

    If you are a Guest or a Co-Host, you understand and agree that Scatterwave may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Scatterwave under the Scatterwave Host Guarantee). You agree to cooperate with and assist Scatterwave in good faith, and to provide Scatterwave with such information as may be reasonably requested by Scatterwave , to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Scatterwave may reasonably request to assist Scatterwave in accomplishing the foregoing.

  6. Taxes

    7.1.

    As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

    7.2.

    Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

    7.3.

    You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

    7.4.

    In certain jurisdictions, Scatterwave may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Scatterwave or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Scatterwave (via Scatterwave Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Scatterwave will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Scatterwave is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Scatterwave relating to their Accommodations in that jurisdiction.

    7.5.

    You agree that any claim or cause of action relating to Scatterwave’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Scatterwave in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Scatterwave from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

    7.6.

    Scatterwave reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

  7. Prohibited Activities

    8.1.

    You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Scatterwave Platform. In connection with your use of the Scatterwave Platform, you will not and will not assist or enable others to:

    • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;

    • use the Scatterwave Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Scatterwave endorsement, partnership or otherwise misleads others as to your affiliation with Scatterwave ;

    • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Scatterwave Platform in any way that is inconsistent with Scatterwave Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

    • use the Scatterwave Platform in connection with the distribution of unsolicited commercial messages ("spam");

    • offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Scatterwave Platform;

    • unless Scatterwave explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;

    • contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Scatterwave Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

    • use the Scatterwave Platform to request, make or accept a booking independent of the Scatterwave Platform, to circumvent any Service Fees or for any other reason;

    • request, accept or make any payment for Listing Fees outside of the Scatterwave Platform or Scatterwave Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Scatterwave harmless from any liability for such payment;

    • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;

    • use, display, mirror or frame the Scatterwave Platform or Collective Content, or any individual element within the Scatterwave Platform, Scatterwave’s name, any Scatterwave trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Scatterwave Platform, without Scatterwave‘s express written consent;

    • dilute, tarnish or otherwise harm the Scatterwave brand in any way, including through unauthorized use of Collective Content, registering and/or using Scatterwave or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Scatterwave domains, trademarks, taglines, promotional campaigns or Collective Content;

    • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Scatterwave Platform for any purpose;

    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Scatterwave or any of Scatterwave’s providers or any other third party to protect the Scatterwave Platform;

    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Scatterwave Platform;

    • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Scatterwave Platform;

    • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or

    • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

    8.2.

    You acknowledge that Scatterwave has no obligation to monitor the access to or use of the Scatterwave Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Scatterwave Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Scatterwave in good faith, and to provide Scatterwave with such information and take such actions as may be reasonably requested by Scatterwave with respect to any investigation undertaken by Scatterwave or a representative of Scatterwave regarding the use or abuse of the Scatterwave Platform.

    8.3.

    If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Scatterwave by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  8. Liability

    9.1.

    Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Scatterwave Platform and Collective Content, your publishing or booking of any Listing via the Scatterwave Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither Scatterwave nor any other party involved in creating, producing, or delivering the Scatterwave Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Scatterwave Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Scatterwave Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Scatterwave has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Scatterwave Host Guarantee, in no event will Scatterwave aggregate liability arising out of or in connection with these Terms and your use of the Scatterwave Platform including, but not limited to, from your publishing or booking of any Listings via the Scatterwave Platform, or from the use of or inability to use the Scatterwave Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Scatterwave Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Scatterwave to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Scatterwave and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Scatterwave liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

    9.2.

    If you reside in the EU, Scatterwave is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Scatterwave is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Scatterwave in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Scatterwave is excluded.