Last updated 8/24/2015
Thanks for using our products and services (“Services”). The Services are provided by ClearlyBooked.
By using our Services, you are agreeing to these terms. Please read them carefully.
Certain areas of the Services may have additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not ClearlyBooked's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You need a ClearlyBooked Account in order to use some of our Services. You may create your own ClearlyBooked Account.
To protect your ClearlyBooked Account, keep your password confidential. You are responsible for the activity that happens on or through your ClearlyBooked Account. Try not to reuse your ClearlyBooked Account password on third-party applications. If you learn of any unauthorized use of your password or ClearlyBooked Account, report it to ClearlyBooked.
ClearlyBooked’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that ClearlyBooked can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give ClearlyBooked (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
Our automated systems analyze your content to provide you personally relevant product features, such as customized statistics and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.
If you have a ClearlyBooked Account, we may display your Profile name, Profile photo, and actions you take on ClearlyBooked or on third-party applications connected to your ClearlyBooked Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your ClearlyBooked Account.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
ClearlyBooked gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ClearlyBooked as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ClearlyBooked, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
By using our payment services to collect money from third parties or to pay third parties, you and your representatives are agreeing to these terms. These terms are a legally binding contract, so please read them carefully.
ClearlyBooked uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement, and the applicable bank agreement.
You agree to pay us the fees, including applicable transaction, multi-currency and Chargeback fees, as listed in the fee schedule. We reserve the right to revise our fees at any time, subject to a thirty (30) day notice period to you prior to the new fees taking effect.
You also agree to pay for all claims, expenses, fines and liability we incur arising out of: transactions you initiate, errors or negligence by you or someone acting on your behalf, losses resulting from your failure to comply with these terms.
Interest shall accrue at the lower rate of 1.5% per month, or the maximum amount permitted by law, on all overdue amounts. In the event that you have a good faith dispute as to the amounts due, you agree to pay the undisputed amounts. Interest shall not accrue on any disputed amounts so long as you pay such amounts within thirty (30) calendar days after resolution of the dispute.
Fees, expenses and interest due will be deducted from your payouts of the amounts due from your transactions. If the payout does not cover the fees due, you agree that we may debit your bank account for the applicable amounts, and/or set-off the applicable amounts against future payouts. You agree to provide ClearlyBooked with the necessary banking account information and permission to debit your bank account.
You agree you are responsible for all taxes, duties or similar government fees incurred via your transactions and indemnify, and hold ClearlyBooked harmless from them.
ClearlyBooked Payment Services are offerred solely for the purpose of allowing vendors to collect money due from rental hosts for services provided at the rental. Those services must comply with the Braintree Acceptable Use Policy. Any other uses are considered a violation of our terms.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Stopping use of our Services does not relieve you of any of your obligations prior to termination as defined in these terms. ClearlyBooked may also stop providing Services to you, or add or create new limits to our Services at any time.
If we believe that your use of our Services pose an unacceptable level of risk, that you have breached our terms of service, or that your account has been compromised, we may take various actions to avoid liability. The actions we may take include, but are not limited to, suspending or limiting your ability to use our Services, refusing to process transactions, reversing transactions, holding transactions, and contacting your customers to verify transactions and reduce potential fraud and disputes. If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CLEARLYBOOKED NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, CLEARLYBOOKED, AND CLEARLYBOOKED’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLEARLYBOOKED, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CLEARLYBOOKED, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ClearlyBooked and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between ClearlyBooked and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.The laws of Colorado, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Arapahoe County, Colorado, USA, and you and ClearlyBooked consent to personal jurisdiction in those courts.
© Copyright 2016-2019 ClearlyBooked, all rights reserved.