By using the Services, You affirm and validate that You have:
a. read this Agreement
b. understand this Agreement,
c. agree to be bound by, this Agreement
e. agree to be bound by the Overbooked Acceptable Use Policy which forms part of these Terms.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR YOU
DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
CHANGES TO AGREEMENT
Overbooked reserves the right to amend this Agreement at any time upon notice to You by modifying or revising this Agreement and/or notifying You via one of the Services. (Website or Applications) By Your continued use of the Services, beyond the date of modification or revision of the Agreement, You affirm and validate that You have agreed to be bound by the new terms set forth in the then current Agreement.
TRANSFER OF AGREEMENT
This Agreement represents the agreement between Overbooked and You in its entirety as it pertains to Your use of the Services. Overbooked may
grant or transfer this Agreement at any time to other parties and their successors, with or without notice to You. This Agreement and all of Your rights and
obligations hereunder will not be assignable or transferable by You without the prior written consent of Overbooked.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF SERVICE. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE. This
Agreement is void where prohibited.
Your license to use the Services (Website and Applications) is:
Your license to use the Services (Website and Applications) is granted to You by Overbooked and is subject to Your compliance with the terms and conditions of this Agreement.
RESTRICTIONS ON COMMERCIAL USE
The Services (Websites and Applications) are granted to You for personal use. You may not use the Services in any Commercial manner.
The Services may not be:
e. sold or resold,
or otherwise exploited for any commercial purpose without the express written consent of Overbooked.
You have no rights in or to the intellectual property of Overbooked or any other affiliated party including users, members and third party affiliates.
You are required to create, maintain and keep secured a password with witch to access the Services. Security and confidentiality of the password is Your responsibility. Overbooked shall not be liable for any damages or losses You incur as a result of Your password having been made available.
You shall not share your Overbooked account or credentials (username or password) with any other individual or entity. Overbooked shall not be liable for any damages or losses You incur as a result of this practice. Violation of this term may result in termination of service and revocation of this license.
Overbooked collects user profile information such as name, email, address, age, gender and occupation. Overbooked does not guarantee accuracy of member profile data. You agree and understand that any of Your decision making based on member data accessed through the Services is at your own risk.
CONSENT TO SYNDICATE EVENTS PROMOTIONS
A CORE FEATURE OF THE OVERBOOKED SERVICES IS EVENT PROMOTION. OVERBOOKED MAY SYNDICATE EVENTS PUBLISHED BY YOU AND MADE PUBLIC BY YOU ON THE OVERBOOKED SERVICES WITH OTHER MEMBERS, PARTNERS, THIRD PARTY AFFILIATES AND MEDIA ENTITIES FOR THE PURPOSE OF PROMOTING OVERBOOKED AND ITS MEMBERS. IF YOU ARE IN OPPOSITION TO THIS ACTIVITY THEN PLEASE DO NOT USE THE SERVICE.
CONSENT TO RECEIVE MESSAGES FROM OVERBOOKED
By using the Service you consent to receiving email from Service administrators and third parties for general notifications, solicitations, advertisements and available offers. You may opt out of receiving email notifications by following the opt out link within each correspondence.
CONSENT TO RECEIVE MEMBERS COMMUNICATION
By using the Service you consent to receiving messages via chat services or email from other members of the Service.
Overbooked disclaims any perceived or implied duty to monitor the contents of member communications via the Service and disclaims any responsibility or liability for information provided hereon.
THIRD PARTY WEBSITES
The Services include links to third party websites. Overbooked does not control or maintain quality or security of third party web sites. By using the Service you agree to not hold Overbooked liable for any damages or losses incurred by third party websites including viruses, explicit and disparaging content.
PUBLIC FORUMS AND YOUR RESPONSIBILITY
The Services include “public forums” whereby You and other members are permitted to upload images, text, video and links to other media (hereinafter, “content”) to be viewed and shared both publicly and privately. You and other members are permitted to send and receive content in both private and public messages. You agree and understand that the content that You upload and share is Your responsibility and that You are held legally responsible for damages suffered by other members or third parties as a result of content You publish and make available through the Services. Overbooked deny’s any liability for the content You upload and share through the Services and deny’s any duty to police the forums provided by the Service.
You shall not use the Services to upload, post, transmit, display, perform or distribute any
content, information or materials that:
a. is pornographic, including adult or child pornography
b. promotes hate and or intolerance based on race, color, sexual orientation and religious beliefs.
Overbooked deny’s any liability for the content You upload and share through the Services and deny’s any duty to police the forums provided by the Service.
Overbooked reserves the right to remove such content and revoke Your license to use the Services if it deems it necessary.
YOU ACKNOWLEDGE AND AGREE THAT THE INTELLECTUAL PROPERTY RIGHTS AND SERVICES (WEBSITE AND APPLICATIONS) SHALL REMAIN THE PROPERTY OF OVERBOOKED. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATIONS SOURCE CODE AND OBJECT CODE ARE THE INTELLECTUAL PROPERTY OF OVERBOOKED. YOU ACKNOWLEDGE AND AGREE THAT THE STRUCTURE, LAYOUT, DESIGN AND ORGANIZATION OF THE SERVICES (WEBSITE AND APPLICATIONS) ARE THE INTELLECTUAL PROPERTY OF OVERBOOKED. THIS AGREEMENT DOES NOT GIVE YOU ANY RIGHTS TO COPY, MODIFY, DERIVE, REPRODUCE OR LICENSE OR SUB-LICENSE THE OVERBOOKED SERVICES EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. YOU ARE NOT GRANTED ANY INTELLECTUAL PROPERTY RIGHTS IN OR TO THE SERVICES AND ALL RIGHTS IN AND TO THE SERVICES NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED AND RETAINED BY OVERBOOKED.
The Applications may utilize or include third party software that is subject to third party license terms (“Third Party Software”).
You acknowledge and agree that Your right to use such Third Party Software as part of the Applications is subject to and
governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict
between the terms of this Agreement and the terms of such third party licenses, the terms of the third party licenses shall control
with regard to Your use of the relevant Third Party Software.
You acknowledge and agree that Overbooked, Overbookedapp.com and the Overbooked logo (collectively, “the Overbooked Marks”) are the property of Overbooked. Other service marks, logos, domain names and graphics may be the intellectual property of third parties. This Agreement does not give You any rights to use, copy, modify, reproduce, license or otherwise use the Overbooked Marks or the marks, logos, domain names and graphics of any third party.
All files and information contained in the Services (Website and Applications) or Blog are copyrighted by Overbooked and may not be copied, modified, reproduced or adapted, in any way without the written consent of Overbooked. Your use of the Services (Website and Applications) does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Overbooked.
Overbooked deny’s all warranties express or implied. The Overbooked Services (Website and Applications) are provided “AS IS”. Overbooked does not warrant that the Services will:
a. operate without error
b. operate without interruption
c. satisfy all of Your requirements
d. guarantee prosperity
By using the Services You acknowledge and accept that the Overbooked Services are provided “AS IS”. You agree not hold Overbooked responsible for any loss(es) due to errors in software including bugs, system failures, disasters other incidents.
YOU AGREE THAT THE USE OF THE OVERBOOKED SERVICES (WEBSITE AND APPLICATIONS) ARE AT YOUR OWN RISK. YOU WILL NOT HOLD OVERBOOKED RESPONSIBLE FOR ANY DATA LOSS AND RESULTING DAMAGES DUE TO ERRORS IN SOFTWARE INCLUDING BUGS, SYSTEM FAILURES, DISASTERS OR OTHER INCIDENTS. YOU AFFIRM AND VALIDATE THAT YOU UNDERSTAND AND AGREE THAT HAVING A BACKUP OF YOUR DATA IS YOUR RESPONSIBILITY AND THE OVERBOOKED APP IS NOT SUFFICIENT FOR APPLICATIONS CRITICAL TO YOUR BUSINESS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OVERBOOKED BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS(ES) DUE TO THE INABILITY FOR YOU TO USE THE SOFTWARE OR ERRORS IN SOFTWARE INCLUDING BUGS, SYSTEM FAILURES, DISASTERS, LOSS OF DATA OR OTHER INCIDENTS. THE MAXIMUM LIABILITY OF OVERBOOKED TO YOU UNDER ALL CIRCUMSTANCES WILL BE THE COST OF ONE YEAR OF SERVICE. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS A CORE COMPONENT WITHIN THE AGREEMENT BETWEEN OVERBOOKED AN YOU AND USAGE OF THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN DISCLAIMERS, LIMITATIONS OR EXCLUSIONS. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
You agree to the extent permitted by applicable law, to defend, indemnify and hold harmless Overbooked from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
a. your use of and access to the Service
b. your violation of any term of these Terms of Service
c. your violation of any third party right, including without limitation any copyright, property, or privacy right
d. any claim that your Content caused damage to a third party
This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
EFFECTIVE DATE: June 13, 2019