Booksomebody.com -- Legal Info

USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH BOOKSOMEBODY.COM OFFERS YOU ACCESS TO OUR SERVICES.

This is the user agreement (the "Agreement" or "User Agreement") for Booksomebody.com Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of booksomebody.com (the "Site"), including thebookingplace.com, gigtrax.com and any subsidiary websites and affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

If you have any questions, please refer to our Frequently Asked Questions.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of booksomebody.com. By accepting this User Agreement, you also agree that the User Agreement will govern your use of other booksomebody.com websites and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in writing signed by you and Booksomebody.com Inc. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 1st, 2004 for all users.

Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

Fees and Services.
Booksomebody.com is a booking service that includes other member benefits. We charge fees for Site membership and for certain other services obtained through the Site. You will always have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least thirty (30) days notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free booking days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Booksomebody.com is a service.
a) Identity Verification. We use several established procedures to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, booksomebody.com cannot and does not confirm each user's purported identity. We have established a user-initiated feedback system to help you evaluate the parties with whom you are dealing. We encourage you to utilize this system both before and after each Site use resulting in a booking, performance, or transaction. Booksomebody.com monitors this feedback and members must maintain an acceptable level of positive feedback to retain membership in the Site.
b) Release. In the event that you have a dispute with one or more users, you release Booksomebody.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
c) Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Booksomebody.com is not responsible for the acts or omissions of users on the Site.

Buying Member Services.
As a buyer or venue, you are obligated to complete the transaction with the member:
if you purchase a member's services through our online format; or if you purchase a member's services outside this Site after making first contact with the member by means of this Site; unless the service or item is prohibited by law or by this Agreement.

By accepting an electronic agreement as a member or buyer, you agree to be bound by the conditions of the agreement so long as those conditions are not in violation of this Agreement or unlawful. Unless both parties to the agreement notify Booksomebody.com of any change in the agreement, both parties will abide by the terms of the original agreement.

Classified Listing.
a) Listing Description. You must be legally able to sell the item(s) you list for sale on the Classifieds section or the site. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. If you do not choose an appropriate category, Booksomebody.com will select one on your behalf.
b) Binding Offers. Except for items listed in a category under the Non-binding Offer Policy, if you receive a completed electronic booking agreement at or above your stated performance price, you are obligated as the entertainer to complete the transaction with the buyer (provide the performance) unless there is an exceptional circumstance, such as: (1) the buyer fails to meet the terms of your agreement (such as payment method), or (2) you cannot authenticate the buyer's identity.
c) Fraud. Without limiting any other remedies, Booksomebody.com may suspend or terminate your membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
d) Booksomebody.com and its members acknowledge that our industry deals in the marketing and distribution of intellectual property. We work hard to ensure that member services and listed items do not infringe upon the copyright, trademark or other rights of third parties. However, Booksomebody.com members are ultimately responsible for the content they submit. Booksomebody.com members and other rights owners may choose to report services or listings offering infringing items, and request that such items be removed.

Your Information.
a) Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process or through email. You are solely responsible for Your Information, and we act as a conduit for your online distribution and publication of Your Information.
b) Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (1) be false, inaccurate or misleading; (2) be fraudulent or involve the sale of counterfeit or stolen items; (3) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography; (7) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (9) link directly or indirectly to or include descriptions of goods or services that: (10) are prohibited under this Agreement;
b) License. Solely to enable Booksomebody.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Booksomebody.com will only use Your Information in accordance with our Privacy Policy.

Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Booksomebody.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Booksomebody.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Feedback.
a) Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the Booksomebody.com services available to you based upon your feedback. If you earn an extremely low feedback rating of less than one star, or we receive multiple complaints that you did not abide by the terms of your agreement with a member or buyer, your membership may be suspended, and you may be unable to offer your services or list items. b) You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Booksomebody.com. Because feedback ratings are not designed for any purpose other use by Booksomebody.com members and buyers, you agree that you shall not market or distribute your Booksomebody.com feedback rating in any medium other than Booksomebody.com

Breach.
Without limiting other remedies, we may limit your activity, immediately remove your services or item listings, warn our users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity.
You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency.
You and Booksomebody.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Booksomebody.com Attn: Legal Department P.O. Box 33257, Fort Worth, TX 76162 (in the case of Booksomebody.com) or to the email address you provide to Booksomebody.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Booksomebody.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes. In the event a dispute arises between you and Booksomebody.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Booksomebody.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Booksomebody.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, an established ADR provider mutually agreed upon by the parties shall administer the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Johnson County, Texas or where the defendant is located (in our case Crowley, Texas, and in your case your home address or principal place of business). You and Booksomebody.com agree to submit to the personal jurisdiction of the courts located within the county of Johnson, Texas.
c) Alternative Dispute Resolution. Alternatively, Booksomebody.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Johnson County, Texas or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

Additional Terms.

General.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that Booksomebody.com in accordance with the "Notices" Section, in our sole discretion, may automatically assign Agreement and all incorporated agreements. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Section covering Fees and Services with respect to fees owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.

Disclosures.
The services hereunder are offered by Booksomebody.com Inc., located at P.O. Box 33257, Fort Worth, TX 76162. If you are a Texas resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at several sites providing information on such protections. Booksomebody.com is not affiliated with any such software vendors.

Disputes between you and Booksomebody.com regarding our services may be reported to Customer Support by email to cs@booksomebody.com. Additionally, you may report complaints in writing to Department of Consumer Affairs at P.O. Box 33257, Fort Worth, TX 76162. [back to top]

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