BookIt! Terms of Service
1. Your Acceptance of Terms
Welcome to BookIt!
The following Terms of Service ("TOS") are between you and BookIt! and
constitute a legal agreement that governs your use of the BookIt! product,
software, services and websites (collectively referred to as the "Service"). You
must agree to these TOS before you can use the Service. You can agree to these
TOS by: a) actually using the Service, or b) clicking a box that indicates you
agree to the Service, where such a box is made available to you. If you do not
agree to any of the following terms, please do not use the Service. You should
print or otherwise save a copy of these TOS for your records. "BookIt!" as used
herein means Semcycle Inc., located at 15574 Oak Drive, Livonia, MI USA.
To use and/or register for the Service you must be: a) of legal age to form a
binding contract with BookIt!, and b) cannot be a person barred from receiving
the Service under the laws of the United States or other applicable jurisdiction,
including the country in which you reside or from where you use the Service. By
accepting these TOS you represent that you understand and agree to the
foregoing. If you are under the required legal age, but at least 13 years old, you
may still use the Service (subject to applicable local law), but only if the account
you are using was created and registered by your parent or legal guardian (see
Section 3 below for further details).
BookIt! may update or change these TOS from time to time and recommends
that you review the TOS on a regular basis. You can review the most current
version of the TOS at any time at http://www.webookbest.com/legal/tos/. If BookIt! makes a change to the TOS, it will post the revised TOS on our website
at the link as herein noted. You understand and agree that your continued use
of the Service after the TOS has changed constitutes your acceptance of the TOS
as revised. Without limiting the foregoing, if BookIt! makes a change to the TOS
that materially impacts your use of the Service, BookIt! may post notice of any
such change on our website and/or email you notice of any such change to
your BookIt! account.
2. Description of the Service
Use of the Service requires one or more compatible devices, certain software
and internet access with compatible ISP (broadband required for web
applications); separate fees may apply. Your use of the Service may be affected
by certain combinations of hardware, software and/or internet access. High
speed internet access is strongly recommended. Compatible device: Mac, PC,
iPhone, or iPod touch. For Mac: Mac OS X v10.4.11, v10.5.7, or later; Safari 3,
Firefox 3, or later. For PC: Windows Vista or Windows XP Home or Professional
(SP2) or later; Internet Explorer 7, Safari 3, Firefox 3, or later; (Microsoft
Outlook 2003 or later recommended). For iPhone and iPod touch: iPhone OS
3.0. iTunes 8.2 or later (free download from www.itunes.com/download). The
Service is available in the following languages: English and Dutch.
Changing the Service
BookIt! reserves the right to modify or stop the Service (or any part thereof),
either temporarily or permanently, at any time or from time to time, with or
without prior notice to you. Without limiting the foregoing, BookIt! may post on
our website and/or send email to your email address on record, notice of such changes to the Service. It is your responsibility to review our website and/or check your email address on record with BookIt! for any such notices. You agree that BookIt! shall not be liable to you or any third party for any modiﬁcation or cessation of the Service.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and
any applicable law, regulation, or generally accepted practice in the applicable
jurisdiction. The Service is designed for commercial business purposes.
Your BookIt! account is allocated certain levels of storage capacity and bandwidth for network traffic and email as described in the BookIt! feature pages. Exceeding any reasonable applicable limitation of bandwidth or storage capacity is prohibited.. In addition, if there is Excessive Usage on your account, BookIt! reserves the right to
temporarily disable access to information available from your account through a
URL. "Excessive Usage" as used herein,
may apply to storage and/or bandwidth capacities, and means your usage
within a given month or day (as applicable) greatly exceeds the average level of
monthly or daily usage of BookIt! users generally. Repeated violations may
result in termination of your account. BookIt! reserves the right to modify these limitations on use at any time.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages
or in all countries and BookIt! makes no representation that the Service, or any
feature or part thereof, is appropriate or available for use in any particular
location. To the extent you choose to access and use the Service, you do so at
your own initiative and are responsible for compliance with any applicable laws,
including, but not limited to, any applicable local laws.
3. Your Use of the Service
When you accept these TOS and complete the BookIt! sign up process, you
become the BookIt! "User Account" holder. You will be assigned a unique name
upon sign up that will be used for your account (your "User ID"). You may add additional Users to your User Account.
You must select a separate User ID for each additional user you create. You are
responsible for all activity that takes place on your User Account and any
additional User Accounts.
Upon creating your User ID you will be required to select a password. Please
choose a strong password and do not reveal your password to others. You
agree that you are responsible for keeping your password conﬁdential and
secure, and further understand that you are solely responsible and liable for
any activities that occur under your User ID. If you suspect or become aware of
any unauthorized use of your account please contact BookIt! Support at http://
www.webookbest.com/support/contact.php. Your further acknowledge and agree
that the Service is designed and intended for your use on an individual basis
and you should not share your account and/or password details with another
Sign Up Obligations
You agree that all information you provide to BookIt! during the sign up process
("Sign Up Data") will be true, accurate, complete and current information, and
that you shall maintain and update the Sign Up Data as needed throughout your
term to keep it accurate and current. Failure to provide accurate, current and
complete Sign Up Data may result in the suspension and/or termination of your
Particular components or features of the Service, provided by BookIt! and/or its
licensors, may be subject to separate software or other license agreements or
separate agreement as a condition of using these particular components or
features of the Service.
Nothing in these TOS shall be construed to convey to you any interest, title, or
license in a Subscriber ID, email address, domain name, or similar
resource used by you in connection with the Service.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You understand that by using the Service, you consent and agree to the
collection and use of certain information about you and your use of the Service
BookIt! may collect, use, transmit, process and maintain information related to
your account, and any devices registered thereunder, for purposes of providing
the Service, and any features therein, to you. Information collected by BookIt!
when you use the Service may also include technical or diagnostic information
related to your use that may be used by BookIt! to maintain, improve and
http://www.webookbest.com/legal/privacy/. You further understand and agree that
this information may be transferred to the United States and/or other countries
for storage, processing and use by BookIt! and/or its affiliates.
5. Content and Your Conduct
"Content" means any information that may be generated or encountered
through use of the Service, such as data ﬁles, written text, messages and any
other like materials. You understand that all Content whether publicly posted or
privately transmitted on the Service is the sole responsibility of the person from
whom such Content originated. This means that you, and not BookIt!, are solely
responsible for any Content you upload, download, post, email, transmit, store
or otherwise make available through your use of the Service. You understand
that by using the Service you may encounter Content that you may ﬁnd
offensive, indecent, or objectionable, and that you may expose others to
Content that they may ﬁnd objectionable. BookIt! does not control the Content
posted via the Service, nor does it guarantee the accuracy, integrity or quality of
such Content. You understand and agree that your use of the Service and any
Content is solely at your own risk.
You agree that you will NOT use the Service to:
upload, download, post, email, transmit, store or otherwise make
available any Content that is unlawful, harassing, threatening, harmful,
tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive
of another’s privacy, hateful, racially or ethnically offensive, or otherwise
stalk, harass, threaten or harm another;
if you are an adult, request personal or other information from a minor
(any person under the age of 18 or such other age as local law deﬁnes as
a minor) who is not personally known to you, including but not limited to
any of the following: full name or last name, home address, zip/postal
code, telephone number, picture, or the names of the minor's school,
church, athletic team or friends;
pretend to be anyone, or any entity, you are not — you may not
impersonate or misrepresent yourself as another person (including
celebrities), entity, another BookIt! subscriber, a BookIt! employee, or a
civic or government leader, or otherwise misrepresent your affiliation with
a person or entity, (BookIt! reserves the right to reject or block any User
ID which could be deemed to be an impersonation or misrepresentation
of your identity, or a misappropriation of another person's name or
engage in any copyright infringement or other intellectual property
infringement, or disclose any trade secret or conﬁdential information in
violation of a conﬁdentiality, employment, or nondisclosure agreement;
post, send, transmit or otherwise make available any unsolicited or
unauthorized email messages, advertising, promotional materials, junk
mail, spam, or chain letters, including, without limitation, bulk
commercial advertising and informational announcements;
forge any TCP-IP packet header or any part of the header information in
an email or a news group posting, or otherwise putting information in a
header designed to mislead recipients as to the origin of any Content
transmitted through the Service ("spooﬁng");
upload, post, email, transmit, store or otherwise make available any
material that contains viruses or any other computer code, ﬁles or
programs designed to harm, interfere or limit the normal operation of the
Service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Service (including accessing the Service
through any automated means, like scripts or web crawlers), or any
servers or networks connected to the Service, or any policies,
requirements or regulations of networks connected to the Service
(including any unauthorized access to, use or monitoring of data or traffic
plan or engage in any illegal activity; and/or
gather and store personal information on any other users of the Service
to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that BookIt! is not responsible or liable in any way for any
Content provided by others and has no duty to pre-screen such Content.
However, BookIt! reserves the right at all times to determine whether Content is
appropriate and in compliance with these TOS, and may pre-screen, move,
refuse, modify and/or remove Content at any time, without prior notice and in
its sole discretion, if such Content is found to be in violation of these TOS or is
Backup Your Content
You are responsible for backing up, to your own computer or other device, any
important documents or other Content that you store or access via the Service.
BookIt! does not guarantee or warrant that any Content you may store or access
through the Service will not be subject to inadvertent damage, corruption or
Access to Your Account and Content
You acknowledge and agree that BookIt! may access, use, preserve and/or
disclose your account information and Content if legally required to do so or if
we have a good faith belief that such access, use, disclosure, or preservation is
reasonably necessary to: (a) comply with legal process or request; (b) enforce
these TOS, including investigation of any potential violation thereof; (c) detect,
prevent or otherwise address security, fraud or technical issues; or (d) protect
the rights, property or safety of BookIt!, its users or the public as required or
permitted by law.
Violations of TOS
If while using the Service, you encounter Content you ﬁnd inappropriate, or
otherwise believe to be a violation of these TOS, you may report it by sending
an email to firstname.lastname@example.org.
6. Payment Fees
You agree to pay all fees and charges speciﬁed when you signed up for the
Service and any part thereof. All fees are exclusive of applicable taxes (e.g.
sales, use, or value-added tax), unless otherwise stated, and you are solely
responsible for the payment of any such taxes that may be imposed on your
use of the Service.
Credit Card Authorization
You may be asked to provide BookIt! with a credit card number from a card
issuer that we accept in order to activate your Service. BookIt! may seek
authorization of your credit card account prior to your ﬁrst purchase to validate
that you can charge the applicable fees to access the Service. This authorization
amount is typically the equivalent of one US dollar ($1USD). It is not a charge
but may appear to reduce your available balance by the authorization amount
until your card’s next billing cycle. Please contact your card issuer if you have
additional questions regarding when this amount will be removed from your
BookIt! will charge the annual subscription fee and any other additional fees you
authorize to the charge or credit card account provided by you. By authorizing
BookIt! to charge a credit card for the fees associated with your subscription,
you are authorizing BookIt! to automatically continue charging that card (or any
replacement card if the original card is renewed, lost, stolen, or changed for
any reason by the card issuer, and the issuer informs BookIt! of the new
replacement card account) for all fees or charges associated with your
subscription including any renewal fees as described below. You authorize the
card issuer to pay any amounts described herein and authorize BookIt!, or any
other company that acts as a billing agent for BookIt!, to continue to attempt to
charge all sums described herein to your credit card account until such
amounts are paid in full. You agree to provide BookIt! updated information on
your credit card upon BookIt!’s request and any time the information earlier
provided is no longer valid. If payment is not received by BookIt! from your
credit card issuer or its agents, you agree to pay all amounts due upon demand
Automatic Renewal of Annual Subscription
When you sign up online for the Service, your annual subscription will be set to
automatically renew upon its expiration. This means that unless you cancel
your account or change its renewal settings prior to its expiration, your account
will automatically renew for another year. At the time of renewal, we will charge
your credit card the then-current fees to renew the Service. About thirty (30)
days prior to your expiration date we will notify you by email to your
email address on record that your account is about to renew and remind you that your
credit card will be billed the indicated Service fees on the renewal date. You
may change your renewal settings at any time by going to your "control panel"
provided through the Service.
Account Information and Billing Inquiries
You may consult your BookIt! account management page at https://
webookbest.com/account for details on your account information including
payment method and billing currency. BookIt! shall send an electronic invoice to
your email address whenever any Service fees are charged to your
account. If you believe you have been billed in error for the Service please notify
us within 45 days of the billing date by contacting BookIt! Support at http://
Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable,
except as otherwise stated herein. BookIt! shall refund the applicable fees paid
by you upon initial online sign up or renewal of the Service provided BookIt!
receives such refund request within forty-ﬁve (45) days of the billing date for
any such fees. To request a refund as described herein go to http://
www.webookbest.com/support/refund.php for more details. Applicable local
law may vary this policy.
Changes in Price
BookIt! may at any time, upon notice required by applicable law, change the
price of the Service or any part thereof, or institute new charges or fees. Price
changes and institution of new charges implemented during your subscription
term will apply to subsequent subscription terms and to all new subscribers
after the effective date of the change. If you do not agree to any such price
changes, then you must cancel your account and and stop using the Service.
Your continued use of the Service after the effective date of any such change
shall constitute your acceptance of such change.
7. Content Submitted or Made Available by You on the
License from You
Except for material we may license to you, BookIt! does not claim ownership of
the materials and/or Content you submit or make available on the Service.
However, by submitting or posting such Content on areas of the Service that are
accessible by the public, you grant BookIt! a worldwide, royalty-free, non-
exclusive license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available.
Said license will terminate within a commercially reasonable time after you or
BookIt! remove such Content from the public area. By submitting or posting
such Content on areas of the Service that are accessible by the public, you are
representing that you are the owner of such material and/or have authorization
to distribute it.
Changes to Content
You understand that in order to provide the Service and make your Content
available thereon, BookIt! may transmit your Content across various public
networks, in various media, and modify or change your Content to comply with
technical requirements of connecting networks or devices. You agree that the
license herein permits BookIt! to take any such actions.
8. Trademark Information
BookIt!, the BookIt! logo and other BookIt! trademarks,
service marks, graphics, and logos used in connection with the Service are
trademarks or registered trademarks of Semcycle Inc. in the US and/or other
countries. Other trademarks, service marks, graphics, and logos used in
connection with the Service may be the trademarks of their respective owners.
You are granted no right or license in any of the aforesaid trademarks, and
further agree that you shall not remove, obscure, or alter any proprietary
notices (including trademark and copyright notices) that may be affixed to or
contained within the Service.
BookIt!’s Proprietary Rights
You acknowledge and agree that BookIt! and/or its licensors own all legal right,
title and interest in and to the Service, and any software provided to you as a
part of and/or in connection with the Service (the "Software"), including any and
all intellectual property rights that exist therein, whether registered or not, and
wherever in the world they may exist. You further agree that the Service
(including the Software, or any other part thereof) contains proprietary and
conﬁdential information that is protected by applicable intellectual property and
License From BookIt!
BookIt! grants you a personal, non-exclusive, non-transferable, limited license
to use the Software as provided to you by BookIt! as a part of the Service and in
accordance with these TOS; provided that you do not (and do not permit anyone
else to) copy, modify, create a derivative work of, reverse engineer, decompile,
or otherwise attempt to discover the source code (unless expressly permitted or
required by law), sell, lease, sublicense, assign, grant a security interest in or
otherwise transfer any right in the Software.
You agree to abide by U.S. and other applicable export control laws and not to
transfer from the U.S., by electronic transmission or otherwise, any Content or
Software subject to restrictions under such laws to a destination prohibited
under such laws, without ﬁrst obtaining, and then complying with, any requisite
government authorization. You further agree not to upload to your BookIt!
account any data or software that cannot be exported without prior written
government authorization, including, but not limited to, certain types of
encryption software. This assurance and commitment shall survive termination
of this Agreement.
As part of the Service, you may from time to time receive updates to the
Software from BookIt! which may be automatically downloaded and installed to
your device. These updates may include bug ﬁxes, feature enhancements or
improvements, or entirely new versions of the Software. You agree that BookIt!
may automatically deliver such updates to you as part of the Service and you
shall receive and install them as required.
Termination by You
You may terminate your account and/or stop using the Service at any time. To
terminate your account contact BookIt! Support at http://www.webookbest.com/
support/terminate.php. Any fees paid by you prior to your termination
are nonrefundable (except as expressly permitted otherwise by these TOS),
including any fees paid in advance for the term during which you terminate.
Termination of your account shall not relieve you of any obligation to pay any
accrued fees or charges.
Termination by BookIt!
BookIt! may at any time, under certain circumstances and without prior notice,
immediately terminate or suspend all or a portion of your account and/or
access to the Service. Cause for such termination shall include, but not be
limited to: (a) violations of the TOS or any other policies or guidelines that are
referenced herein and/or posted on the Service; (b) a request by you to cancel
or terminate your account; (c) discontinuance or material modiﬁcation to the
Service or any part thereof; (d) a request and/or order from law enforcement, a
judicial body, or other government agency; (e) where provision of the Service to
you is or may become unlawful; (f) unexpected technical or security issues or
problems; (g) your participation in fraudulent or illegal activities; or (h) failure
to pay any fees owed by you in relation to the Service. Any such termination or
suspension shall be made by BookIt! in its sole discretion, without any refund to
you of any prepaid fees or amounts, and BookIt! will not be responsible to you
or any third party for any damages that may result or arise out of such
termination or suspension of your account and/or access to the Service.
Effects of Termination
Upon termination of your account you lose all access to the Service and any
portions thereof, including, but not limited to, your Member Account (any Sub-
accounts thereunder), Subscriber ID, email account, domains, Web Calendar. In addition, BookIt! shall delete all
information and data stored in or as a part of your account(s) including, but not
limited to, data ﬁles, email, albums and preferences. Any individual
components of the Service that you may have used subject to separate software
license agreements (e.g. Backup software) will also be terminated in accordance
with those license agreements.
11. Links and Third Party Materials
Certain Content, components or features of the Service may include materials
from third parties and/or hyperlinks to other web sites, resources or Content.
Because BookIt! may have no control over such third party sites and/or
materials, you acknowledge and agree that BookIt! is not responsible for the
availability of such sites or resources, and does not endorse or warrant the
accuracy of any such sites or resources, and shall in no way be liable or
responsible for any Content, advertising, products or materials on or available
from such sites or resources. You further acknowledge and agree that BookIt!
shall not be responsible or liable in any way for any damages you incur or
allege to have incurred, either directly or indirectly, as a result of your use and/
or reliance upon any such Content, advertising, products or materials on or
available from such sites or resources.
Google Maps Service Use of the Google Maps service is subject to the following
additional terms: Google Maps Terms of Service available at http://
maps.google.com/help/terms_maps.html and Google Maps Legal Notices at
12. Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY
PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW
MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BookIt! AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. IN PARTICULAR, BookIt! AND ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II)
YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR
ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN
THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER
ACKNOWLEGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN
SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR
ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION
PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BookIt! OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
13. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE
EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY
APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH
BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BookIt! AND ITS AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSSES (EVEN IF BookIt! HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE
SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR
PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR
SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE
SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold BookIt!, its affiliates, subsidiaries,
directors, officers, employees, agents, partners and licensors harmless from any
claim or demand, including reasonable attorneys’ fees, made by a third party,
relating to or arising from: (a) any Content you submit, post, transmit, or
otherwise make available through the Service; (b) your use of the Service; (c)
any violation by you of these TOS; or (d) your violation of any rights of another.
This obligation shall survive the termination or expiration of these TOS and/or
your use of the Service.
You acknowledge that you are responsible for all use of the Service using your
account, including any use by Sub-accounts, and that these TOS apply to any
and all usage of your account, including any use by Sub-accounts. You agree to
comply with these TOS and to defend, indemnify and hold harmless BookIt!
from and against any and all claims and demands arising from usage of your
account or any Sub-account, whether or not such usage is expressly authorized
BookIt! may provide you with notices regarding the Service, including changes
to these TOS, by email to your BookIt! email address (and/or other alternate
email address if provided), by regular mail, or by postings on our website and/
or the Service.
16. Governing Law
Except to the extent expressly provided in the following paragraph, these TOS
and the relationship between you and BookIt! shall be governed by the laws of
the State of Michigan, excluding its conﬂicts of law provisions. You and BookIt!
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Wayne, Michigan, to resolve any dispute or claim arising
from these TOS.
Speciﬁcally excluded from application to this Agreement is that law known as
the United Nations Convention on the International Sale of Goods.
These TOS constitute the entire agreement between you and BookIt!, govern
your use of the Service and completely replace any prior agreements between
you and BookIt! in relation to the the Service. You may also be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content, or third-party software. If any part of these TOS is held
invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reﬂect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect. The
failure of BookIt! to exercise or enforce any right or provision of these TOS shall
not constitute a waiver of such right or provision. You agree that, except as
otherwise expressly provided in these TOS, there shall be no third-party
beneﬁciaries to this agreement. Any translation of these TOS is done for local
requirements and in the event of a dispute between the English and any non-
English versions, the English version of these TOS shall govern. You agree that
any claim or cause of action arising out of or related to these TOS or the use of
the Service must be ﬁled within one (1) year after the cause of action arose or
be forever barred.