The Selfbook Website and Web App (collectively the “Site”) is an online booking and payment processing platform for hotels and other services provided by, and technology licensed by, Selfbook, Inc. (“Selfbook”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Selfbook. If you represent a hotel or other property and wish to enter into a Master Services Agreement with Selfbook, please contact our sales team.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SELFBOOK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Please read the following information carefully before using this Site. By continuing to use this Site, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Selfbook reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, by clicking “I accept” to the revisions, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SELFBOOK BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Selfbook’s liability is limited to the greatest extent permitted by law, or the amount paid for your reservation, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The Site is licensed, not sold, to you. The terms of this Agreement will govern any content, materials, or services purchased within the Site as well as updates and upgrades provided by Selfbook that replace or supplement the original Site unless such update or upgrade is accompanied by an amended Agreement. You may not transfer, redistribute or sublicense the Site. You may not copy (except as permitted by this Agreement), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Site). This Agreement is effective until terminated by you or Selfbook. Your rights to use the Site are conditioned upon your compliance with this Agreement and will terminate automatically if you fail to comply with any of its terms.
Access to Third Parties Sites and Services
The Site is intended to assist you with access to certain third-party services and websites relating to travel, dining, wellness, and other experiences (collectively and individually, “External Services”). You agree to use the External Services at your sole risk.
SELFBOOK IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF ANY THIRD-PARTY EXTERNAL SERVICES, AND SHALL NOT BE LIABLE FOR ANY SUCH THIRD-PARTY EXTERNAL SERVICES.
Data displayed by the Site or any External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Selfbook or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Selfbook or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Selfbook is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
SELFBOOK RESERVES THE RIGHT TO CHANGE, SUSPEND, REMOVE, DISABLE OR IMPOSE ACCESS RESTRICTIONS OR LIMITS ON ANY EXTERNAL SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
Government Restricted Rights
The Site and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
In using this Site, you agree to pay the amounts owed to Selfbook or to hotels and third parties services that use Selfbook for payment processing via Visa®, MasterCard®, PayPal®, ApplePay® Google Pay, and American Express®. At this time, we are not accepting cash, checks, cryptocurrency, or any other method of payment.
Our Copyrighted Materials; Infringement Claims
The copyrights in all text, images, screens, and other materials provided on this Site (collectively, the “Materials”) are owned by Selfbook and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Selfbook or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Right to Preserve and Disclose
Selfbook may preserve all information you provide. Selfbook may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Selfbook, its users and/or the public; or (f) in the event that all or substantially all of Selfbook’ assets are acquired by a third party.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Selfbook; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Selfbook and the third parties reserve all rights with respect to the Site and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Prohibition on Scripts, Bots, Third Parties, etc.
You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site
Prohibition on Scraping.
You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
Issuance of User Accounts.
When this Agreement has been accepted and agreed to by you, the user account that you create will soon be activated to enable you to access the Site. User Accounts may not be shared or used by more than one individual. In the event you cannot access your user account it is your responsibility to notify Selfbook at the address listed in the “Contact Us” section.
If you establish a user account, we will ask you to supply a photo of yourself (a selfie), which you and no other user can see. The photo must be your original work of the Entrant; 2) The photo must not infringe upon the rights of any third-party, including, without limitation, copyright, trademark, and rights of publicity and/or privacy; 3) The photo must be suitable for publication and may not be violent, immoral, offensive, illegal, pornographic, obscene, indecent or similarly inappropriate as deemed solely by Selfbook; 4) The photo may not contain any content that is or may be perceived to be defamatory or that represents Selfbook in a negative way or in any manner not consistent with Selfbook’s brand and/or reputation as deemed solely by Selfbook; 5) The photo may not contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other images of any business or company. The photo may not mention property names or physically identify a property by filming their front sign or some other unique feature or distinguishable architecture; 6) The photo may not copy, incorporate, or include unless you are the lawful copyright owner, content subject to copyright laws; and 7) The photo may not include the likenesses of any identifiable persons other than the Entrant unless written permission is obtained by the Entrant
Ownership of Usage Data.
Selfbook may collect and aggregate data about your usage of the Site, and Selfbook shall be the sole owner of such information.
Site Controlled from United States; Prohibited Persons and Countries
This Site is controlled from offices within the United States. Selfbook makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK, NEW YORK IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Arbitration and Class Action Waiver
Excluding claims for injunctive or other equitable relief, for claims related to the Site, including any goods or services purchased through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in New York, New York or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration, and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Selfbook. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to Selfbook, 350 Canal Street, New York, NY 10012 to the attention of Selfbook Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Selfbook.
Not Authorized to Do Business In Every Jurisdiction
Selfbook is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Entire Agreement; Severability
For further information, or inquiries about this Agreement, please contact:
Selfbook, Inc.350 Canal StreetNew York, NY 10012
Effective Date: July 22 2021.