Bookt Online Systems - Terms of Service Agreement
This is a License Agreement ("License") between you, either an individual or an entity ("Licensee" or "you"), and Bookt, LLC. ("Bookt," or "we" or "us"). Please read this license carefully before using any Bookt services (" System "). By clicking on the "Accept" button or using or installing the System , you are consenting to be bound by this license. If you do not agree to all of the terms of this license, click the "Do Not Accept" button and you will not receive access to the System.
By requesting website development, hosting and/or other services from Bookt, you accept the terms of this agreement. If you do not wish to be bound by this agreement, please contact Bookt immediately to cancel your account.
General Use
The System is protected by United States and international copyright laws, international treaty provisions and applicable law. Bookt hereby grants to you a non-exclusive, non-transferable license to use the System from the designated website ("Site") and related user documentation on the terms and conditions set forth herein. The System is licensed only for your use. You may access and use the System on any computer but you may not exceed the number of simultaneous or concurrent users permitted by the license. You may only use the System as referenced by the documentation and to perform its functions for the purpose authorized by this license.
Subscription
The System is licensed on a subscription basis pursuant to the subscription terms and conditions incorporated herein. We will provide updates to the System on a periodic basis, which will replace the prior version of the System . Each version of the System may operate differently and may have different, more, or fewer features than prior versions. You shall not permit the use of any version of the System by any other person, nor use the System at any time, after the license expires. Each Update will be deemed to be part of the System and shall be governed by the terms of this license.
Ownership of Services
Bookt (or its affiliates) is the exclusive owner of the services and your use of the services does not provide you any right or interest in any of Bookt's intellectual property including, but not limited to, common designs, layouts, content, program code, scripts, database structures, proprietary strategies and processes, and other intellectual property of Bookt (or its affiliates).
Domain Name Registration
Bookt will register all domain names that you request in your name and you will be the sole owner of your domain name(s). Bookt makes no representation that the domain names you request can be registered or that they can be registered in your name. Therefore, do not assume registration of your requested domain name(s) until you are notified by Bookt that registration of your domain name(s) has been completed. Registration and use of domain name(s) that you request are subject to the terms and conditions of use applied by the relevant naming authority.
Authorship Mark and Client References
You agree that Bookt can place a reasonably sized and positioned logo and/or text link on website pages included in the services, including on publically accessible pages of your website. You also agree that Bookt may reference its relationship with you for marketing purposes.
Payment
You must provide Bookt with a valid credit card in order to activate your account. You authorize Bookt to automatically charge your credit card for all services that you (and/or your representatives) request. You will receive a receipt for all payments processed against your credit card by email and/or fax. You agree to keep your credit card information updated, and to provide Bookt with a new valid account number if your old card is deactivated or does not have sufficient credit available to pay your fees. Bookt reserves the right to place your account on hold, suspend your services and/or terminate this agreement if you are overdue in paying us any amounts due for services you request.
If you wish to dispute any fee Bookt charged to your credit card, you agree to discuss such dispute with Bookt and work towards a resolution. You expressly agree to not dispute fees with your issuing credit card company, which could result in a "charge back" to Bookt. Declined, refused and/or returned payments may result in a $50.00 service charge payable immediately.
Customer Content
Bookt has the right to store and/or transmit information you provide through the services and you agree to indemnify and hold Bookt harmless against any and all claims or causes of actions that may arise with respect to the information against Bookt (or its affiliates). You are solely responsible for obtaining any and all necessary consents and clearances required to lawfully make use of any and all intellectual property rights through the services, including without limitation, clearance and/or consents in respect to your domain name(s). You agree that all information submitted to, stored or distributed by you in connection with the services (i) shall not be false, inaccurate, fraudulent or misleading; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) shall not contain sexually explicit, obscene, or pornographic content; (vi) shall not contain speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); (vii) shall not contain graphic violence; (viii) shall not contain politically insensitive or controversial issues (e.g., euthanasia, abortion, capital punishment), or other political content (e.g., lobbyists, PAC sites, political campaigns); (ix) shall not contain any viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (x) shall not create liability for Bookt or cause it to lose (in whole or in part) customers or the services of service providers or other suppliers.
Use of Services
You hereby agree as follows: (i) you shall not use the Services for "spamming," as determined by Bookt in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify Bookt immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) you shall not use the services for any unlawful purpose; (iv) you shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Bookt, exposes Bookt or any of its customers or suppliers to any liability or detriment of any type; and (vi) you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services, and you shall be responsible for all charges related thereto.
Information Collection and Use
By using the services, you authorize Bookt to access data stored on or transmitted through the services to conduct research, improve the services and provide anonymous reporting for internal and external clients.
3rd Party Advertisers
Certain advertising information may be displayed through the services at Bookt's sole discretion. The display of advertising information shall not entitle you to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by Bookt. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Bookt shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links
The Services may include links to other World Wide Web sites or resources. Because Bookt has no control over such sites and resources, you acknowledge and agree that Bookt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bookt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Modifications to This Agreement
Bookt may modify this agreement at any time. Any modification is effective upon the posting of same by Bookt on its website. Bookt may also notify you of any modifications by email and/or faxed correspondence to you.
WARRANTY
THE SERVICES AND ALL INFORMATION PROVIDED BY BOOKT IN CONNECTION WITH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, AND YOU ACCEPT THE SYSTEM , AS CUSTOMIZED FOR YOUR SITE, AT YOUR OWN RISK.
Limitation of Liability
In no event shall Bookt or any of its affiliated or related parties be liable for any damages nor shall any user hold Bookt or any of its affiliated or related parties liable resulting from the use of or inability to use the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bookt is advised of the possibility of such damages. The sole and exclusive remedy for dissatisfaction with the services will be to stop using the services. Any claims arising in connection with your use of the services must be brought within one (1) year of the date of the event giving rise to such action occurred.
Indemnification
You hereby agree to indemnify and hold Bookt and its affiliates and related parties, harmless against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the services or any breach or violation of this agreement.
Entire Agreement
This agreement constitutes the entire agreement between you and Bookt relating to the access and use of the services. This agreement may not be modified, in whole or in part, except as described elsewhere in this agreement. Anything contained on the service inconsistent with or conflicting with the terms of this agreement is superseded by the terms of this agreement.
Assignment
The right to receive the services is personal to you and you may not transfer by assignment, sublicense, or any other method the service to any other person or entity. You agree that this agreement may be automatically assigned by Bookt to any third party, in Bookt's sole discretion and without notice.
Waiver
Bookt's failure to act with respect to a breach by you or others of this agreement does not waive Bookt's right to act with respect to subsequent or similar breaches.
Representation
YOU HEREBY REPRESENT TO BOOKT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOU ARE ALSO REPRESENTING THAT YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. AT ANY TIME UPON REQUEST BY Bookt, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT, AND ANY OTHER AGREEMENTS OR STATEMENTS REASONABLY NECESSARY FOR Bookt TO PROVIDE AND ACCOUNT FOR THE SERVICES.
General
Bookt is based in Miami-Dade County, Florida, in the United States of America. Bookt makes no claims that the Services are appropriate or may be used or downloaded outside of the United States. Access to or use of the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Conflict Resolution
You agree that this agreement is governed by and shall be construed in all respects under the laws of the State of Florida, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this agreement or related to the services, you and Bookt each irrevocably agree to submit to the exclusive personal jurisdiction of the Florida state courts sitting in Miami-Dade County, Florida, and you and Bookt each waive any jurisdictional, venue, or inconvenient forum objections to such court.
If any of the provisions of this agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
Force Majeure
Neither party will be deemed in breach of this agreement to the extent that performance of its obligations are delayed or prevented by reasons of force majeure, such as riots, acts of terrorism, fire, flood, earthquake, acts of government and the like, provided that such party gives the other party written notice thereof promptly and uses its best efforts to continue to perform its obligations.
Contact Information
All notices to Bookt under this agreement shall be in writing and delivered via e-mail to legal@bookt.com. You may also mail written notices to:
Bookt LLC
1710 Cleveland Rd
Miami Beach, FL 33141
© 2007-2008 Bookt, LLC. All rights reserved.