TERMS OF SERVICE
Last updated: June 7, 2019
These Terms of Service (these “Terms”) govern the relationship between VROOMRes, LLC D/B/A Bookfull (referred to herein as “Bookfull”, “we”, “us” or “our”) and the property management company identified through the registration process (“Customer”) and its Authorized Users (defined in the Definitions section) (hereafter “Customer” and “Authorized User(s)” may be referred to collectively as “User”, “you”, or “your”). These Terms constitute a legally binding agreement between the Customer, the User(s) and Bookfull. Accordingly, we advise you to read these Terms carefully before accessing or otherwise making use of the Service (as defined below). You and Bookfull may each be referred to in these Terms individually as a “Party” and together as the “Parties,” as context so requires.
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION “16” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION” CAREFULLY.
ACCEPTANCE OF THESE TERMS.
- Acceptance. Please read the Terms carefully before using the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms you must not access or use the Service. Please note that certain uses of the Service may be subject to separate agreements that will be provided to you prior to such use.
- Restrictions on Acceptance. When you access or otherwise make use of the Service you acknowledge and agree that:
- (2.a) if you are accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
- you have read and understand all of the provisions, terms and conditions set forth in these Terms;
- you will be bound by all of the provisions, terms and conditions set forth in these Terms;
- you are at least eighteen (18) years of age;
- you have the right, authority and capacity to enter into these Terms and to abide by all terms and conditions of these Terms;
- your ability to use the Service has not been terminated or suspended by Bookfull at any time in accordance with these Terms;
- you have a valid email address; and
- these Terms are the legal equivalent of a signed, written contract between you and Bookfull.
If you are unable or unwilling to confirm the above statements, then you must not accept these terms or otherwise access or make use of the Service. Please note that, even if you agree to and acknowledge the representations in Section 1.2, certain of our trusted Third Party Service Providers may reject your use of their service based on such Third Party Service Provider’s internal assessment process and you may not be able to make use of the Service in its entirety or features of the Services as a result.
Definitions. Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
- “Affiliate” (1.a) means, with respect to a Party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
- “Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Users use of the Service.
- “Authorized User” is any individual that Bookfull or Customer has allowed access to the Service once the user has successfully registered with the Service, to include those individuals who are Customer’s client(s), employee(s), property owner(s), or other users not now known.
- “Authorized User Account”means an account registered with Bookfull by an Authorized User to access and use certain features of the Service.
- “Authorized User Content” is defined as all Data, Authorized User Information (including without limitation any personal information), and Submissions in any and all media, whether now known or hereinafter created.
- “Authorized User Information” means certain personal information you provide through the registration process and your Authorized User Account settings and preferences. Such personal information means information that is unique to you and may include your name, your home or other physical address, your email address, your telephone number, and other information that identifies you.
- “Content” means any texts, pictures, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Site and Service).
- “Customer Account” means the property manager’s, account which you must register for through the Site in order to use the Service.
- “Customer Content” is defined as all Data, Customer Information (including without limitation any company information), and Submissions in any and all media, whether now known or hereinafter created.
- “Customer Information” means the information that you will be required to provide about the property management company in order to create a Customer Account and access the Service. Such information may include company name, physical address, email address, telephone number, client lists, property lists, and your Customer Account settings and preferences.
- “Data” means query logs and other information about Users and their use of the Service. It also includes, data or data files of any type that are uploaded by or on behalf of User to the Service in connection with the User’s actual use of the Service.
- “Service” means Bookfull’ Site and its online suite of software tools, to include the Bookfull Widget, which Users may use, subject to their compliance with these Terms that allows Users, among other features, to list and manage vacation rental property, access reports concerning vacation rental property, and manage reservations and the dates that vacation rental property is available; allows Users’ housekeeping staff to be notified of vacation rental property scheduled to be cleaned and allows such housekeeping staff to provide status updates concerning progress; alerts Users and designated maintenance staff of maintenance and repair issues with vacation rental property and allows such maintenance staff to provide status updates concerning progress.
- “Site” means all those websites that are owned and operated by Bookfull including www.bookfull.com, www.getbookfull.com, and www.gobookfull.com
- “Third Party Service Provider” means those individuals or entities that Bookfull uses from time to time to provide certain features within the Service, to include but not limited to payment processing services, travel insurance protection, and accounting services.
- “User Account” means both the Authorized User Account and Customer Account.
- “User Content” means both the Authorized User Content and Customer Content.
- “User Information” means all Authorized User Information and Customer Information.
- Definitions. Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
- Interpretation. References to Sections are to be construed as references to the Sections of these Terms, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to these Terms as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting.
- MODIFICATION OF THESE TERMS.Bookfull reserves the right to change, modify, supplement, or update these Terms, from time to time without advance notice by posting such updated Terms to the Site. We encourage you to periodically visit these Terms to check for the latest version. In the event that a modification to these Terms materially affects your rights or obligations we will take commercially reasonable measures to notify you of such modification. The most current version of these Terms will be effective as of the date specified in the “Last Updated” legend set forth above.
Bookfull IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION BETWEEN CUSTOMER AND USERS..
- Responsibility of Users. We urge all Users to be responsible about their use of this Service and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed with our Service. The Service provides an on-line marketplace to allow homeowners and property managers who advertise with the Service to offer for rent a specific vacation or short term rental property, and provide related services and information to potential renters or renters.
- Bookfull Not a Party. Bookfull is not a Party to any rental or other agreement between you and other Users. This is true even if the Service allows you to book a rental or provides other ancillary and related products, services and/or information. The Service may facilitate booking a rental or other related informational tools, services or products, but we are not a Party to any rental or other agreement between you and other Users. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Bookfull and/or one of its Affiliates may place additional restrictions on your booking, product or service.
- Third Party Service Providers. The Service may contain links to websites, or integrations with services, that are owned and operated or provided by third-parties, including websites or services used for payment processing. This also includes links contained in advertisements, including banner advertisements and sponsored links. Bookfull does not in any way endorse these websites or services. We are not responsible for the practices or omissions of other websites, for the services provided or for the collection or use of your User Information by any Third Party Service Provider.
- Compliance with Laws. You agree that you are responsible for, and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of your rental property and the conduct of your rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a Party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed with the Service, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion. If you accept credit card, banking or other payment information you agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
ACCOUNT REGISTRATION; FEES.
- Customer Account Registration.When you register a Customer Account, on behalf of an entity and sign up for the Service you must provide certain Customer Information. By registering a Customer Account and signing up for the Service, you acknowledge and agree (a) you have the legal authority to create an account; (b) the authority to enter into an agreement on behalf of the Customer; and (c) that you willingly submit your Customer Information for our use as may be necessary for us to provide the Service to you and for any other purpose permitted under law.
- Authorized User Account Registration. When you register your Authorized User Account and sign up for the Service you will be required to provide certain Authorized User Information. By registering your Authorized User Account and signing up for the Service, you acknowledge and agree that you willingly submit your Authorized User Information for our use as may be necessary for us to provide the Service to you and for any other purpose permitted under law.
- Accuracy of User Information. You agree to provide your accurate, up-to-date and truthful User Information during registration and when you otherwise access or make use of your User Account, or the Service. You further agree to promptly update all your User Information whenever the information provided to us by you is found to be in error or becomes inaccurate. You can update your information by contacting us in accordance with the ‘Contact Us’ Section below. We are not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate information. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate User Information, we may temporarily suspend or terminate your access the Service. If you believe that your Authorized User Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service with your Authorized User Information and without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately in accordance with the ‘Contact Us’ Section below.
- No Fees RequiredBookfull does not currently charge any fees for your use of the Service. Notwithstanding the foregoing, you acknowledge and agree that Bookfull reserves the right to set and charge fees in the future for your use of the Service.
Paid Features Available Through the Service. 6.2 Certain features of the Service may be made available on a paid basis. If you elect to use paid features of the Service (as your “Purchase”), you agree to the terms of sale, pricing, payment and billing policies applicable to such Purchase, posted on or provided through the Service. Bookfull may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
- No refunds.There are no refunds. In the event you cancel your Purchase, you shall receive no refund or exchange for any unused Purchase for any fees paid to us prior to such cancellation.
- Authorization to Use Payment Method Provided. By using any paid feature, you (i) authorize Bookfull to charge you a fee at the then current rate, and any other charges you may incur in connection with your use of the Purchase; and (ii) represent and warrant to Bookfull that you have the right and authority to use the payment method provided to Bookfull.
- Responsibility for Payments. All information that you provide in connection with a Purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred in connection with a Purchase or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You shall pay all applicable fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Bookfull.
- Promo Codes: Bookfull may, in Bookfull’s sole discretion, create promotional codes that may be redeemed for features or benefits related to the Service, subject to any additional terms that Bookfull establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Bookfull; (c) may be disabled by Bookfull at any time for any reason without liability to Bookfull; (d) may only be used pursuant to the specific terms that Bookfull establishes for such Promo Code; (e) are not valid for cash; and (f) may expire prior to your use. Bookfull reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bookfull determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS..
- Consent to Electronic Communications.. When you accept these Terms, you acknowledge that Bookfull may provide certain information, including information regarding your use of the Service (“Communications”), to you electronically through email, the Service, links to notices posted on the Site, or via telephone call unless and until you withdraw your consent or “opt out” as described below. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any Communications provided by us electronically or verbally are deemed to be given and received on the date we transmit any such Communication as described in these Terms. Although Bookfull reserves the right to provide Communications in paper format at any time, you agree that Bookfull is under no obligation to do so unless you first notify us, in writing at the address listed in the Contact Us Section, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications. If you do not wish to enter into these Terms electronically, you may not use the Service.
- Updated User Information. You agree to promptly update your User Information as stated in Section 5.3, if such information changes so that Bookfull may contact you electronically. You understand and agree that if Bookfull sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, Bookfull will be deemed to have provided the Communication to you.
- System Specifications. In order to access, view, and retain electronic Communications that Bookfull provides to you, you must have access to: (a) a computer with an Internet connection; (b) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (c) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (d) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
- Reservation of Rights. Bookfull reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which Bookfull provides electronic Communications. Bookfull will provide you with notice of any such termination or change as may be required by Applicable Law.
- Bookfull CONTENT. You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Bookfull, the Site or the Service, “Content”) appearing on your User Account or the Service is the copyrighted work of Bookfull or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Bookfull and is protected by U.S. and international copyright laws. You may download information from your User Account, or the Service and print out a hard copy for your personal use provided that you keep such hard copies intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Bookfull or any applicable Third Party Service Providers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Bookfull. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Bookfull does not warrant or represent that your use of Content or the Service will not infringe rights of third parties.
- User Submissions. 8.2 Any communication or other material (including any text communication, photograph, video, or other audio or visual work) submitted or posted to or through the Service and concerning the Service, initiation of support requests, and submission of entries for competitions and promotions (“Submission”), will be considered non-confidential. Unless otherwise expressly stated in writing by Bookfull, no compensation will be paid with respect to the use of any Submission. Bookfull shall have no obligation to preserve, return or otherwise make available to you or others any Submission.
- Data. As between the Parties, Bookfull or its licensors will retain all right, title and interest (including any and all intellectual property rights) in and to the Data as provided to Bookfull. Notwithstanding anything to the contrary herein, you agree that Bookfull may collect Data, and Bookfull may use Data to develop, improve, support, and operate its products and services during and after the term of this Agreement.
- License to Bookfull. If for any reason Bookfull is not considered the owner of User Content, you hereby grant to Bookfull and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual, freely assignable, sublicensable and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of and exploit any User Content throughout the world and for any purpose related to the business of Bookfull (including, without limitation, in connection with the Service, Bookfull’s business and on third-Party sites and services) and its Affiliates, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By uploading, inputting, providing or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. The rights granted to Bookfull include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your User Content.
- User Content. Subject to Applicable Law with regard to identifiable information, you understand and intend that by providing your User Content to Bookfull, you hereby waive any privacy expectations that you may have with respect to any such User Content. You hereby agree that Bookfull is the full owner of all right, title, and interest in User Content and any content or information extracted, derived, or otherwise created from such User Content, and you agree to hold Bookfull and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Bookfull site, or any other use authorized under these Terms, of your User Content. You further hereby agree that any User Content by you will be accurate and will not be intended to mislead, harm or cause damage to Bookfull, any User, any third party or any other Party, and you agree to indemnify, defend and hold harmless Bookfull against any and all claims, liabilities and damages caused by any User Content from you or any third party.
- FEEDBACK. Please be advised that if you send or submit to Bookfull creative ideas, suggestions, inventions, or materials (“Feedback”), Bookfull shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
LIMITED LICENSE; ALL RIGHTS RESERVED.
- Authorized User License. 10.1 Subject to your compliance with these Terms, as an Authorized User of the Services, Bookfull hereby grants you a limited license to access and make use of the Service, but not to download or modify the Service, or any portion of thereof, except with express written consent of Bookfull. The Service also contains the Content, and the license granted in this Section 10.1 does not include any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Bookfull. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bookfull without Bookfull’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Bookfull’s name(s) or service marks without the express written consent of their owners.
- Customer License. Subject to Customers compliance with these Terms, Bookfull hereby grants the Customer a non-exclusive, non-transferable, revocable, worldwide, limited license to access, copy, reproduce, and make use of the Service for commercial use in connection with a website owned and operated by the Customer (“Customer Site”). Notwithstanding the above, the Customer may not reproduce, duplicate, copy, or otherwise exploit the Services or Content for commercial purposes that are not in connection with a Customer Site.
- Reservation of Rights. We (or the respective third party owners of Content) retain all right, title, and interest in the Service and any Content offered on these Service, including any and all intellectual property rights. Any software applications available on or through the Service are licensed, not sold, to you. Bookfull may assign these Terms or any part hereof, without restrictions. You may not assign these Terms or any part hereof, nor transfer or sub-license your rights under these Terms, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Bookfull.
- TRANSFERABILITY OF ACCESS OR RIGHTS.. Your rights and obligations with respect to the Service are personal to you and you may not transfer such rights and obligations to any other person or entity.
APP STORE TERMS OF SERVICE..
App Provider Terms. The following terms apply to any Service accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Service may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Bookfull, and not with the App Provider, and that Bookfull (not the App Provider), is solely responsible for the Service.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the Service.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Service to you (if applicable) and to the maximum extent permitted by Applicable Law, the App Provider will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bookfull.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Service or your possession and use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Bookfull will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Service, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Service against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the Service.
- App Provider Terms. The following terms apply to any Service accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Service may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
Prohibited Use of Site. In connection with your use of the Service, you agree you will not:
- provide your User Information, or access to the Service to any third party;
- upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including any Bookfull representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use the Service’s communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- violate any Applicable Law or international law;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any Party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the limited license outlined above;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any Party for the Service if you are not expressly authorized by such Party to do so;
- harvest or otherwise collect information about others, including e-mail addresses; or
- use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service.
- Monitoring and Enforcement; Termination.
- Prohibited Use of Site. In connection with your use of the Service, you agree you will not:
We have the right to, but not the obligation to:
- remove or refuse to post any User Content for any or no reason in our sole discretion;
- take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Bookfull;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and
- terminate or suspend your access to all or part of the Site for [any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS BOOKFULL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- 14. INDEMNIFICATION. You agree to release, indemnify, and hold harmless Bookfull and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Service; (b) your breach of these Terms; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; (e) your failure to provide and maintain true, accurate, current and complete User Information; or (f) any claim or allegation that any User Content submitted or uploaded to the Service by you infringes on any intellectual property right, patent, trademark, copyright or misappropriates any trade secret of any third party or violates or will violate any Applicable Laws.
WARRANTIES AND DISCLAIMERS..
Limitation of Liability.
- (1.a) YOU UNDERSTAND AND AGREE THAT BOOKFULL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES, ANY CONTENT OR THESE TERMS, EVEN IF BOOKFULL HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE YOUR USER ACCOUNT, THE SITE, AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE BOOKFULL DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Your Warranties to Bookfull. IN ADDITION TO THE REPRESENTATIONS AND WARRANTIES YOU MAKE TO Bookfull UNDER SECTION 1, YOU REPRESENT AND WARRANT TO Bookfull THAT:
- ALL INFORMATION THAT YOU PROVIDE TO US IN CONNECTION WITH YOUR USE OF THE SERVICE IS UP-TO-DATE, ACCURATE AND TRUTHFUL;
- YOU HAVE THE AUTHORITY TO SHARE THIS INFORMATION WITH US AND TO GRANT US THE RIGHT TO USE THIS INFORMATION AS PROVIDED IN THESE TERMS;
- YOU HAVE THE RIGHT TO GRANT US THE LICENSES SPECIFIED HEREIN;
- YOU EITHER ARE THE SOLE AND EXCLUSIVE OWNER OF ALL USER CONTENT OR YOU HAVE ALL RIGHTS, LICENSES, CONSENTS AND RELEASES NECESSARY TO GRANT Bookfull THE LICENSE TO THE USER CONTENT AS SET FORTH ABOVE;
- NEITHER THE USER CONTENT, NOR YOUR SUBMISSION, UPLOADING, PUBLISHING OR OTHERWISE MAKING AVAILABLE OF SUCH USER CONTENT, NOR BOOKFULL’ USE OF THE USER CONTENT AS PERMITTED HEREIN WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY’S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION;
- >YOUR ACCEPTANCE AND USE OF THE SERVICE PURSUANT TO THESE TERMS DOES NOT VIOLATE ANY APPLICABLE LAW OR OTHER CONTRACT OR OBLIGATION TO WHICH YOU ARE A PARTY OR BY WHICH YOU ARE OTHERWISE BOUND; (G) YOU WILL NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE; AND (H) YOU WILL ONLY USE THE SERVICE IN ACCORDANCE WITH THE TERMS AND APPLICABLE LAW.
15.3 No Warranties.
- YOU EXPRESSLY AGREE YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Bookfull, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SITE CONTENT OR SERVICES; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE CONTENT OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (VI) WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (VII) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.
- Limitation of Liability.
- BINDING ARBITRATION. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Charleston, South Carolina office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The arbitration shall be conducted by a licensed attorney or retired judge who is admitted in both federal and state courts, with experience in technology law. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each Party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing Party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within ﬁfteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual ﬁndings and conclusions on which the award is based, including the calculation of any damages awarded. Each Party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.Bookfull respects the intellectual property rights of others. Bookfull may, in appropriate circumstances and at its sole discretion, terminate the User Accounts of those who infringe the copyrights or intellectual property rights of others. If you believe your work has been copied and is accessible through the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding the Service can be reached by mail: BookfullRes, LLC 514 Mill Street, Suite F, Mount Pleasant, SC 29464; by email: info@Bookfull.com; or by telephone: 843-808-8766
Our agent for notice of claims of copyright infringement on or regarding the Service can be reached by mail: Bookfull, LLC 514 Mill Street, Suite F, Mount Pleasant, SC 29464; by email: info@Bookfull.com; or by telephone: 843-808-8766
- Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access or use of the Site or the Service. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Service or information provided to or gathered by us with respect to such use.
- Waiver. The waiver by Bookfull of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
- Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. 18.3 These Terms will be deemed entered into in the State of South Carolina and will be governed by and interpreted in accordance with the laws of the State of South Carolina, excluding without regard to conflicts of law. The Parties agree that any dispute arising under these Terms will be resolved exclusively in the state or federal courts in Charleston, South Carolina and the Parties hereby expressly consent to jurisdiction therein, waiving any defenses of jurisdiction or forum non conveniens. The parties irrevocably waive any and all rights to a trial by jury.
- Third Party Beneficiaries.. Except as limited herein, these Terms and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in these Terms, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
- Entire Agreement.. These Terms, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
- Survival. All provisions of these Terms that by their nature extend beyond the expiration or termination of these Terms, including Sections 1, 3, 4, 5, 6, 7, 8, 13, 14, 15, and 18 and the definitions herein as applicable to interpretation of the foregoing shall survive the termination of these Terms.
- Severability. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
- Assignment. You may not transfer or assign these Terms nor any of your rights hereunder to any third Party and any attempt to so transfer or assign will be rendered null and void. Notwithstanding the foregoing, Bookfull may assign these Terms or any rights hereunder without your consent.
- Contact Us. If you have any questions about these Terms, please contact us as described on the website under “Contact Us” or at the email address or phone number provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Address: 514 Mill Street, Suite F, Mount Pleasant, SC 29464