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Terms and Conditions

Introduction

Lodgingsystem.com and Lodgingos.com are a Hotel Operating System Platform Service, that lets you operate and direct all aspects of your hotel business.

Our services are designed to allow hoteliers from all over the world to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so – even without being tech-savvy or design gurus. We provide our users with numerous tools and features for creating and publishing stunning websites, online stores, email distribution services, galleries, media players, mobile apps, central reservation services, property management system, location based services, point of sale system, payment processing services, and other applications (list not exhaustive) – by utilizing their own content together with content and features offered by Lodging System Worldwide LLC and others via our services (collectively – “User Website(s)”).

Legal Agreement

By visiting our website or using our services, you are entering into a legal agreement with us, consisting of these Terms of Use, our Privacy Policy, and our additional services’ legal terms

These Lodgingsystem.com Terms of Use (“Terms of Use”), together with our Privacy Policy available at http://www.Lodgingsystem.com/about/privacy (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the Lodgingsystem.com website(s) (“Lodging System Worldwide LLC Website”, and collectively – the “Lodging System Worldwide LLC Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Lodging System Worldwide LLC Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (collectively – the “Lodging System Worldwide LLC Services” or “Services”).

 

The Lodging System Worldwide LLC Terms constitute a binding and enforceable legal contract between Lodging System Worldwide LLC and its affiliated companies and subsidiaries worldwide; lodgingsystem.com, lodgingos.com, (“Lodging System Worldwide LLC”, “us” or “we”) and you – so please read them carefully.

 

You may visit and/or use the Lodging System Worldwide LLC Services only if you fully agree to the Lodging System Worldwide LLC Terms and Conditions – and by using and/or registering to any of the Lodging System Worldwide LLC Services, you signify and affirm your informed consent to these Terms of Use and any other Lodging System Worldwide LLC Terms applicable to your use of any Lodging System Worldwide LLC Services. If you do not read, fully understand and agree to the Lodging System Worldwide LLC Terms, you must immediately leave the lodgingsystem.com and lodgingos.com Websites and avoid or discontinue all use of the Lodging System Worldwide LLC Services.

User Account

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else. Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services immediately and without prior notification.

In order to access and use certain sections and features of the Lodging System Worldwide LLC Services, you must first register and create an account with Lodging System Worldwide LLC (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Lodging System Worldwide LLC Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Lodging System Worldwide LLC Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

 

We reserve the right to determine and/or grant ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.

 

Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Website remains as such:

 

  1. The owner of a User Account, User Website and/or User Content created and/or uploaded to the Lodging System Worldwide LLC Services, may be considered to be the person or entity who has access to the e-mail address then listed in Lodging System Worldwide LLC’s records for such User Account under which such User Website or User Content has been created.
  2. If any Paid Services (as defined in Section 5 below) were procured via the User Account, the owner of such User Account, or any User Website and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services. Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website, the owner of such User Website may be determined to be the person or entity registered as the owner of such domain thereunder. In the event that both an individual and an organization are registered as the owner of such domain, we will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain.

Your Obligations

You represent and warrant that:

In order to use our services, there are certain obligations and conditions you need to meet. Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location. In addition, you must own all rights in any content you upload or publish via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Lodging System Worldwide LLC or your end users to do with it) is legal.
  1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Lodging System Worldwide LLC Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Lodging System Worldwide LLC Terms;
  2. You are not a resident of (or will use the Lodging System Worldwide LLC Services in) a country that the U.S. government has embargoed for use of the Lodging System Worldwide LLC Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
  3. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  4. You understand that Lodging System Worldwide LLC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
  5. And specifically regarding your User Content:
  6. You own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
  7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Lodging System Worldwide LLC and/or your End Users to use or possess in connection with the Lodging System Worldwide LLC Services;
  8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

You undertake and agree to

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Lodging System Worldwide LLC Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the Lodging System Worldwide LLC Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Lodging System Worldwide LLC Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
  4. receive from time to time promotional messages and materials from Lodging System Worldwide LLC or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow Lodging System Worldwide LLC to use in perpetuity, throughout the universe and free of charge, any version of your User Website (or any part thereof) for any of Lodging System Worldwide LLC’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Lodging System Worldwide LLC or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
  6. Lodging System Worldwide LLC’s sole discretion as to the means, manner, and method for performing the Lodging System Worldwide LLC Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Lodging System Worldwide LLC Website, the Lodging System Worldwide LLC Services (or any part thereof), any Content offered by Lodging System Worldwide LLC or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Lodging System Worldwide LLC’s prior written and specific consent and/or as expressly permitted under the Lodging System Worldwide LLC Terms;
  2. Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Lodging System Worldwide LLC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. Publish and/or make any use of the Lodging System Worldwide LLC Services or Licensed Content on any website, media, network or system other than those provided by Lodging System Worldwide LLC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Lodging System Worldwide LLC Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Lodging System Worldwide LLC, in advance and in writing;
  4. Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Lodging System Worldwide LLC Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Lodging System Worldwide LLC Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Lodging System Worldwide LLC Services;
  5. Act in a manner which might be perceived as damaging to Lodging System Worldwide LLC’s reputation and goodwill or which may bring Lodging System Worldwide LLC into disrepute or harm;
    purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Lodging System Worldwide LLC or Lodging System Worldwide LLC Marks and/or variations and misspellings thereof;
  6. Impersonate any person or entity or provide false information on the Lodging System Worldwide LLC Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Lodging System Worldwide LLC and/or any End Users;
  7. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Lodging System Worldwide LLC or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
  8. Reverse look-up, trace, or seek to trace another User of Lodging System Worldwide LLC Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Lodging System Worldwide LLC Services and/or User Website without their express and informed consent;
  9. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Lodging System Worldwide LLC Services, User Website, the account of another User(s), or any other systems or networks connected to the Lodging System Worldwide LLC Services, by hacking, password mining, or other illegitimate or prohibited means;
  10. Probe, scan, or test the vulnerability of the Lodging System Worldwide LLC Services or any network connected to the Lodging System Worldwide LLC Services;
  11. Upload to the Lodging System Worldwide LLC Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  12. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Lodging System Worldwide LLC Services or Lodging System Worldwide LLC’s systems or networks connected to the Lodging System Worldwide LLC Services, or otherwise interfere with or disrupt the operation of any of the Lodging System Worldwide LLC Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  13. Use any of the Lodging System Worldwide LLC Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
    sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Lodging System Worldwide LLC Services, except as expressly permitted by the Lodging System Worldwide LLC Terms;
  14. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Lodging System Worldwide LLC Services and/or Licensed Content; or
  15. Violate, attempt to violate, or otherwise fail to comply with any of the Lodging System Worldwide LLC Terms or any laws or requirements applicable to your use of the Lodging System Worldwide LLC Services.

 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services

Content and Ownership

Your Intellectual Property

You own all rights to your content. We may use your content in order to provide you with our services.

As between Lodging System Worldwide LLC and you, you shall own all intellectual property pertaining to your User Content, including to any data, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you or your users. You hereby grant Lodging System Worldwide LLC a completely free, royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use your User Content (in whole or in part) in perpetuity and throughout the universe in order to provide you with the Lodging System Worldwide LLC Services, and as further specified in Section ‎2.2(5) above.

Lodging System Worldwide LLC’s Intellectual Property

We own all rights in and to our services, content, data, technology and features. You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

All rights, title and interest in and to the Lodging System Worldwide LLC Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Lodging System Worldwide LLC Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Lodging System Worldwide LLC.

 

Subject to your full compliance with the Lodging System Worldwide LLC Terms and timely payment of all applicable Fees, Lodging System Worldwide LLC hereby grants you, upon creating your User Account and for as long as Lodging System Worldwide LLC wishes to provide you with the Lodging System Worldwide LLC Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Lodging System Worldwide LLC Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the Lodging System Worldwide LLC Terms, and solely within the Lodging System Worldwide LLC Services.

 

The Lodging System Worldwide LLC Terms do not convey any right or interest in or to Lodging System Worldwide LLC’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Lodging System Worldwide LLC Terms constitutes an assignment or waiver of Lodging System Worldwide LLC’s Intellectual Property rights under any law.

Feedback and Suggestions

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

If you provide us with any suggestions, comments or other feedback relating to the Lodging System Worldwide LLC Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Lodging System Worldwide LLC. By providing such Feedback to Lodging System Worldwide LLC, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Lodging System Worldwide LLC any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

Privacy

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information

Certain parts of the Lodging System Worldwide LLC Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Lodging System Worldwide LLC Services, Lodging System Worldwide LLC and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Lodging System Worldwide LLC Services and/or User Websites. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices

Service Fees

Paid Services

Some of our services cost money. We will let you know how much beforehand. Our prices are stated in U.S. Dollars and before taxes, unless otherwise said. If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

The use of certain Lodging System Worldwide LLC Services may be subject to payment of particular fees, as determined by Lodging System Worldwide LLC in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Lodging System Worldwide LLC will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Lodging System Worldwide LLC reserves the right to change its Fees at any time, with notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Lodging System Worldwide LLC shall have the right to automatically and without notice renew your subscription to such Lodging System Worldwide LLC Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Lodging System Worldwide LLC. To the extent permitted by law (and unless specified otherwise by Lodging System Worldwide LLC in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Lodging System Worldwide LLC Services, or to any payments or purchases made by you. If Lodging System Worldwide LLC is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.

 

As part of registering or submitting information to receive Paid Services, you also authorize Lodging System Worldwide LLC (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Lodging System Worldwide LLC or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

Invoices

Invoices for our paid services will be available in your user account.

Lodging System Worldwide LLC and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Lodging System Worldwide LLC (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

Subscription Renewals

To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically<br /> renew it. Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Lodging System Worldwide LLC Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Lodging System Worldwide LLC in writing). Accordingly, where applicable, Lodging System Worldwide LLC will attempt to automatically renew the applicable Lodging System Worldwide LLC Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Lodging System Worldwide LLC.

 

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Lodging System Worldwide LLC Service(s), Lodging System Worldwide LLC will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

 

For information about cancelling your Paid Services, please see Section 6.1 below.

 

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Lodging System Worldwide LLC Services you use (whether or not such Lodging System Worldwide LLC Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Lodging System Worldwide LLC Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Lodging System Worldwide LLC Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Lodging System Worldwide LLC in relation to the discontinuation of any Lodging System Worldwide LLC Services or Third Party Services, for whatever reason.

Money-Back Guarantee

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services. This may be extended according to the law. Please carefully check the terms of each service before buying, since some services are non-refundable.

If you are not satisfied with any Lodging System Worldwide LLC Services subject to a Fee for a monthly or annual service or subscription commitment of one month or year, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Lodging System Worldwide LLC Services (“Refund Period”). If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Lodging System Worldwide LLC receives such notice within such Refund Period, Lodging System Worldwide LLC will refund to you the amount you actually paid for such Lodging System Worldwide LLC Services, and cancel them accordingly. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Lodging System Worldwide LLC Services actually received, as permitted by law.

 

Please note: Certain services purchased on or through the Lodging System Worldwide LLC Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Lodging System Worldwide LLC Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Lodging System Worldwide LLC will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

Chargebacks

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations hereunder, and your use of the Lodging System Worldwide LLC Services may be automatically terminated.

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

 

Your use of the Lodging System Worldwide LLC Services will not resume until you re-subscribe for any such Lodging System Worldwide LLC Services, and pay any applicable Fees in full, including any fees and expenses incurred by Lodging System Worldwide LLC and/or any Third Party Services for each Chargeback received (including Fees for Lodging System Worldwide LLC Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Lodging System Worldwide LLC, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Lodging System Worldwide LLC Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Lodging System Worldwide LLC Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter

Cancellation

Cancellation by User

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals. All bookings still in our system at the time of cancellation will be billed according to our paid services agreement. We will continue to send you invoices for those bookings after your cancel. You will owe any amounts due for those bookings unless you can provide proof of cancellation.

You may discontinue to use and request to cancel your User Account and/or any Lodging System Worldwide LLC Services at any time, in accordance with the instructions available on the Lodging System Worldwide LLC Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Lodging System Worldwide LLC Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

 

Once your cancellation request is processed and completed, all services will terminate. In the event of a failed payment or charge-back, all services will terminate.  You will be immediately charged for all future-stay reservations that have been processed through our system up to that point. You will be responsible for providing evidence of all cancelled or unconsumed bookings otherwise you hereby acknowledge and agree to full payment for such bookings.

Cancellation by Lodging System Worldwide LLC

If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.

Failure to comply with any of the Lodging System Worldwide LLC Terms and/or to pay any due Fee shall entitle Lodging System Worldwide LLC to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Lodging System Worldwide LLC Services (e.g., Paid Services) or Third Party Services to you.

Once a termination is processed and completed, all services will terminate.  You will be immediately charged for all future-stay reservations that have been processed through our system up to that point. You will be responsible for providing evidence of all cancelled or unconsumed bookings otherwise you hereby acknowledge and agree to full payment for such bookings.

Loss of Data, Content and Capacity

If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to backup your data and materials.

If your User Account or any Lodging System Worldwide LLC Services or Third Party Services related to your User Account are cancelled (whether at your request or at Lodging System Worldwide LLC’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Lodging System Worldwide LLC shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Lodging System Worldwide LLC Services following their cancellation, as determined by Lodging System Worldwide LLC in its sole discretion.

E-Commerce

You can use our services to sell your products, content and services online. You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

The Lodging System Worldwide LLC Services also include certain features which enable you to sell goods, content, media and services through your User Website (“User Products”, and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

 

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
  2. Any taxes indicated by the E-Commerce features provided to you by Lodging System Worldwide LLC are solely provided for illustration purposes only, and may not be relied on in any way;
  3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
  4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and
  5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
  6. Lodging System Worldwide LLC may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products – whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

Third Party Services

Our services enable you to get various services and tools from third parties that are not affiliated with us. Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them. We can remove services at any time, which may affect your website, user account or overall experience.

The Lodging System Worldwide LLC Services enable you to engage and procure certain third party services and tools for enhancing your User Website and your overall user experience, including domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Lodging System Worldwide LLC Website (including the Lodging System Worldwide LLC App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist you with your User Website, etc. (collectively, “Third Party Services”).

 

rdless of the manner in which such Third Party Services may be offered to you (bundled with certain Lodging System Worldwide LLC Services, offered separately by Lodging System Worldwide LLC or persons certified or authorized by Lodging System Worldwide LLC, or otherwise offered anywhere on the Lodging System Worldwide LLC Services), Lodging System Worldwide LLC merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Lodging System Worldwide LLC will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

 

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

 

While we hope to avoid such instances, Lodging System Worldwide LLC may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or the Lodging System Worldwide LLC Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Website(s) at such time – without any liability to you or to any End Users.

Misconduct and Copyrights

Misconduct and Abuse

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

When using the Lodging System Worldwide LLC Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Lodging System Worldwide LLC with respect thereto.

 

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Lodging System Worldwide LLC Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Lodging System Worldwide LLC, and that Lodging System Worldwide LLC may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

Copyrights

We respect the intellectual property rights of others. If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA. If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.

Lodging System Worldwide LLC acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim 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 sufficient to permit Lodging System Worldwide LLC to locate the material (including URL address); (4) 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 (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

Lodging System Worldwide LLC’s Copyright Agent can be reached at the following address:

 

Lodging System Worldwide LLC
Telephone Number: 1-312-554-5420
E-mail: info@lodgingsystem.com

 

In the event that Lodging System Worldwide LLC receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Lodging System Worldwide LLC’s sole reasonable discretion. Lodging System Worldwide LLC reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

Disclaimer of Warranties

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions. We may monitor and edit your website and content. However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else. There are risks in using our services or anyone else’s services. You accept such risks. Some of our services are still in BETA, and may contain bugs or experience interruptions.

We provide the Lodging System Worldwide LLC Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Lodging System Worldwide LLC Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Lodging System Worldwide LLC Services – so please be sure to verify those before using or otherwise engaging them.

 

Lodging System Worldwide LLC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Lodging System Worldwide LLC be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Lodging System Worldwide LLC Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Lodging System Worldwide LLC shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Lodging System Worldwide LLC Services and/or connecting and/or dealing with any Third Party Services through or in connection with Lodging System Worldwide LLC Services, and that Lodging System Worldwide LLC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Lodging System Worldwide LLC does not recommend the use of the Lodging System Worldwide LLC Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain Lodging System Worldwide LLC Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Lodging System Worldwide LLC Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Lodging System Worldwide LLC Services at this BETA stage signifies your agreement to participate in such Lodging System Worldwide LLC Services’ BETA testing.