Terms

Last updated March 25, 2023

Welcome to Linkedbooking ! By signing up for a Linkedbooking Account (as defined in Section 2) or by accessing to and using any Linkedbooking Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “ Terms of Service ” ).

The term Linkedbooking , we , us or our refers to Linkedbooking Inc., a company incorporated in California, United States. The term “ Users ” , “ You ” , “ Your ” refers to: a) the person who registers for a Linkedbooking Account on his/her own behalf; or b) the organization, where the person registers for a Linkedbooking account on behalf of an organization; or c) any person or entity who login to Linkedbooking powered website

Linkedbooking provides a Software As A Service platform that enables vacation rental hosts to build and customize online website with booking system, rent in web, mobile, social media, and/or other online or offline locations, receive and manage reservation requests, manage rental properties, set rate and availability, manage reservations, accept payments, do marketing and advertising using coupons and digital posters, manage guest profiles and engage with existing and potential guests. Any such service or services offered by Linkedbooking are referred to in these Terms of Service as the“ Service(s) ”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.

You can review the current version of the Terms of Service at any time at https://linkedbooking.com/terms. Linkedbooking reserves the right, in our sole and absolute discretion, to update and change the Terms of Service by posting updates and changes to the Linkedbooking website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Linkedbooking’s Acceptable Use Policy ( “ AUP ” ) andPrivacy Policy before you may sign up for a Linkedbooking Account or use any Linkedbooking Service.

1. Definitions

References to the “Linkedbooking Application” mean any mobile, web, or software application related to the Services designed, developed, and/or made available by Linkedbooking and available through the iTunes and Google Play stores as well as other third-party services.

References to the “Linkedbooking Powered Website” mean the Web Site built using services provided by Linkedbooking.

References to a “Customer” or “Guest” mean any person or entity who uses the Linkedbooking powered website to login, browse rental properties or services, make reservations, schedule an appointment, pay for reservations, service booked, or services rendered.

References to a “SMB” or “Host” mean a Vacation Rental Business, Vacation Rental Host, Experience Service Provider, or Hotel who use the Linkedbooking Services to allow Customers to book, pay, manage, view, cancel bookings and provide goods, services or products to its customers.

References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach. Reference to “Materials” mean all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, texts, Trademarks, Logos or data data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Linkedbooking Account and/or Linkedbooking services.

2. Account Terms

• 1. You are responsible for the Account, are bound by these Terms of Service and are responsible for the actions of others, including any person accessing the Account. The person signing up for a Linkedbooking Account on SMB behalf warrants that he/she has the authority to bind the SMB to these Terms of Service. If you are signing up for the Services on behalf of your employer, you must use your employer-issued email address.
• 2. To access and use the Services, you must register for a Linkedbooking account (“Account”) by providing your full legal name, current business address, phone number, a valid email address, and any other information indicated as required. Linkedbooking may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
• 3. You must be at least 18 years old to open an account and use Linkedbooking Services.
• 4. You confirm that you are using Linkedbooking services for the purposes of carrying on a business activity that compliant with state, the jurisdiction where you reside and federal business regulations and laws.
• 5. You acknowledge that Linkedbooking will communicate with you using the email address you provide on opening an account. You must make sure that the email address you provide to Linkedbooking is a valid email address. Your email communications with Linkedbooking can only be authenticated if they come from your account email address.
• 6. You acknowledge that you are responsible for keeping your password and account credentials secure. Linkedbooking cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You must immediately notify Linkedbooking if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
• 7. You acknowledge that you are responsible for the creation and operation of your Linkedbooking powered website.
• 8. You agree to provide and maintain true, accurate, current and complete information at all times. We may ask you to provide identification documents or other information to help verify your identity. We may screen you against third-party data sources, request reports from third party service providers and/or public records of criminal convictions or sex offender registrations or their local equivalents.
• 9. You acknowledge and agree to provide public-facing contact information, rental agreement, reservation cancelation policy, refund policy, privacy policy, terms of service on your Linkedbooking powered website.
• 10. Linkedbooking is not a marketplace. Any contract of services or reservations made through your Linkedbooking powered website is directly between you and your customers.
• 11. You are responsible for your account, all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, texts or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account. You acknowledge and agree that you will not provide harmful, objectionable or destructive materials in the use of the Linkedbooking Service.
• 12. You acknowledge that a breach or violation of any term in the Terms of Service, including the Privacy Policy or AUP, as determined in the sole discretion of Linkedbooking may result in an immediate termination of your Services.
• 13. You can cancel subscription any time, however, Linkedbooking will not refund you for the period already paid for, even if you were not using your Account during that period. In case of a cancellation, we reserve the right to delete your Account from our Services and in accordance with our Privacy Policy.
• 14. You warrant that any and all services you provide using Linkedbooking services (a) are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (b) have not been identified by the U.S. Consumer Products Safety Commission and any other regulations set forth by the countries of SMB and Customer as hazardous to consumers and, therefore, are not services subject to a recall; (c) are not counterfeit; (d) do not offend against the law of any country whose citizens might book or receive the services; and (e) do not violate the rules and regulations promulgated by the U.S. Food and Drug Administration (“FDA”).
• 15. You warrant that you own all copyrights, trademarks and other intellectual property related to your Linkedbooking Account information provided to us.
• 16. You warrants and represents that you have all licenses and authorizations required for conducting business and services. Upon our request, you shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
• 17. We reserve the right to modify, suspend or discontinue, temporarily or permanently, any Subscription benefits or access from time to time without notice to you. We reserve the right to accept or refuse Subscribers in our discretion.
• 18. The Linkedbooking app is deemed to be a part of the Linkedbooking services, and its purpose is to help SMBs manage bookings on the go. Compared with the web version of Linkedbooking Admin, the features of the App are limited. All terms of these Terms of Service, AUP and Privacy Policy applicable to the Services apply to Linkedbooking App. Linkedbooking reserves the right to refuse a SMB access to or use of all or part of the Linkedbooking App for any reason and at any time without notice.

3. Trial Period

• 1. If you use the Services within a free trial period, you shall acknowledge and agree that the Services will automatically cease to operate at the end of the trial period if Subscription Fee has not been paid by that time.
• 2. During the free trial period, Linkedbooking may terminate your service at any time and for any reason.
• 3. Linkedbooking reserve the right to delete any Materials stored by us in relation to an expired trial period, without liability to you.

4. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy, and, if you operate a E.U. based business, the EU Terms, before you may become a Linkedbooking SMB.

• 1. These Terms of Service, Privacy Policy and AUP constitute the entire agreements between you and Linkedbooking and govern your use of the Services and your Account, superseding any prior agreements between you and Linkedbooking (including, but not limited to, any prior versions of the Terms of Service, Privacy Policy and AUP).
• 2. You shall not use the Linkedbooking Services for any illegal or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of California and the United States. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
• 3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Linkedbooking.
• 4. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Linkedbooking or Linkedbooking trademarks and/or variations and misspellings thereof.
• 5. Questions about the Terms of Service should be sent to Linkedbooking Support ([email protected])
• 6. You understand that the technical processing and transmission of the Service, including your Trademarks, Content, Files, Property information, the product you sell through the Services, or any data of your account may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• 7. The Services may allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending booking confirmation and cancellation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, Vonage Inc.'s Acceptable Use Policy (https://www.vonage.com/legal/ acceptable-use-policy/#), and the laws of the jurisdiction from which you send messages, and in which your messages are received.
• 8. Linkedbooking is committed to protecting the privacy of the personal information of both SMB and SMB’s customers. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Linkedbooking, is governed by its privacy policy at privacy
• 9. In case of inconsistencies or conflicts between these Terms of Service and other Terms or terms of Service in other languages, the most recent English version of these Terms of Service prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Linkedbooking or as required by applicable law.
• 10. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the Parties and, except as provided herein, their respective successors, assigns and legal representatives. Linkedbooking shall be permitted to assign or transfer these Terms of Service and any portion thereof without prior notice to you or consent from you. You agree and warrant that you will make no assignment or transfer these Terms of Service, or any claim, or any of your rights and obligations, to any third party without Linkedbooking’s written consent.
• 11. By using the Linkedbooking Services, you agree to receive notifications associated with your reservations (such as new booking request notification, booking confirmation notification, booking cancellation notification, reservation welcome message, Coupon notification ), reminders, and marketing content by Email, App Push Notification or SMS. Linkedbooking shall not be held liable in the event that any of the notifications, or reminder is not sent to or received by you or your customers.
• 12. Should any provision or portion thereof within these Terms of Service be deemed invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of any other provisions within these Terms of Service. These Terms of Service shall be interpreted as if the invalid, illegal, or unenforceable provision had never been included herein.
• 13. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (such as payment processor providers) to process payments.
• 14. All related rights and obligations under the Terms of Service immediately terminate upon Service termination, except that obligations And/Or any liabilities that accrued in connection with transactions or services entered into before or as a result of termination.
• 15. For European SMBs who use Linkedbooking Service for the purpose of trade, business, craft for profession, the following terms apply to you: (i) Your use of the Linkedbooking Services must comply with the applicable rules of European Union law. (ii) To meet regulatory requirements, you acknowledge and agree to provide your name, address, telephone number, email address, identification document copy, payment account details trade registration number or any additional documentation as determined by us to Linkedbooking. (iii) You warrant that all the information you provide to us is true and valid. If we suspect that the information may be incomplete, Linkedbooking reserve the right refuse access to, suspend or discontinue the Services, partially or entirely, for any reason at any time and at our sole discretion.
• 16. Sections 2-17 will survive the termination or expiration of these Terms of Service.

5. Linkedbooking Contracting Party

• 1. If the billing address of your Linkedbooking Account is located in the United States，Canada, Europe, Russia, Middle East, Africa, South America, Caribbean or Mexico, this Section 5(1) applies to you:
  a. “Linkedbooking Contracting Party” means Linkedbooking Inc., a California corporation, with offices located at 1090 S Milpitas Blvd, unit #258, Milpitas, California, 95035, United States.
  b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
• 2. If the billing address of your business is located in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), this Section 5(2) applies to you:
  a. “Linkedbooking Contracting Party” means Linkedbooking Inc., a California corporation, with offices located at 1090 S Milpitas blvd, unit #258, Milpitas ,California, 95035, United States.
  b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

6. Prohibited Uses of the Services

The following uses of services are prohibited and may result in account termination in our sole and exclusive decision.

• 1. For any unlawful purpose, obscene or immoral purpose;
• 2. Engage in any Fraudulent Actions.
• 3. Not compliant with the standards and policies under the Code of Federal Regulations and the regulations and laws in the jurisdiction where you reside.
• 4. To solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; to violate any international or governmental regulations, rules, laws, or local ordinances;
• 5. Submit false or misleading information;
• 6. Take any action that result in an unreasonable or disproportionately large load (in Linkedbooking’s sole determination) on the service infrastructure;

7. Linkedbooking Rights

• 1. We may modify, replace, cancel pending or confirmed bookings, refuse access to, suspend or discontinue the Services, partially or entirely, for any reason at any time and at our sole discretion. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
• 2. We reserve the right to refuse service to anyone for any reason at any time in our sole and exclusive discretion.
• 3. We reserve the right to review and withhold, modify, remove, disable access to, and/or delete any Materials from any part of the Services at our sole discretion, with or without notice, where we reasonably 3. determine in our sole discretion that such Materials violate these Terms of Service or to comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body. SMB shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the SMB Materials posted to, or linked to, the Linkedbooking Powered Website or a third party channel breaches these Terms of Service.
• 4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
• 5. In the event of a dispute regarding your Account, we reserve the right to request documentation from you to make final decisions. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
• 6. Linkedbooking retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Owner. Linkedbooking reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

8. Limitation of Liability

• 1. When customer submit a booking request, SMB confirm or cancel a booking request, customer and SMB are entering into a contract directly with each other. Linkedbooking is not and does not become a party or other participant in the contract. Linkedbooking do not take part in, or responsible for, any booking transactions, booking arrangements, reservation services or any property management issues. We are not a party to any rental booking, lease or reservation contract.
• 2. At its core, Linkedbooking provides a Software As A Service platform that enables vacation rental hosts to build and customize online booking website and manage reservations. Linkedbooking do not own or manage rental properties and we do not act as agents for our SMBs or customers. Linkedbooking does NOT have control over and does not have any obligation to monitor and verify (1) the existence, conduct, performance, accuracy, reliability, quality, safety, morality or legality of any aspect of any services offered by SMB using Linkedbooking Services, any Guest, SMB or third party (2) the truth or accuracy of the listing content or directory information provided to Linkedbooking by SMB (3) the timeliness or accuracy of any booking calendar including but not limited to the accuracy of rates and availability (4) the ability of SMB to provide services booked, (5) the identity of any SMB or Customer, or (6) the ability of Customers to pay for services. We do not and cannot ensure that a SMB or Customer will actually complete a transaction. If you are a customer of Linkedbooking powered website and rely on any of the information provided by or on the Services, do so solely at your own risk.
• 3. Linkedbooking integrates with third-party providers to provide services, such as Amazon SES for email services， PayPal and Stripe for payment services and Google for map service. We do not warrant that the services conducted by Third Party are accurate, complete, reliable, error-free. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, disputes, claims, concerns, or questions regarding third-party products should be directed to the third-party. Linkedbooking is not obligated to intervene in any dispute arising between you and a Third Party Provider. For example, If you use google Maps/Earth, you must agree to the Google Maps/Google Earth Additional Terms of Service. If you download or access to our APP application from the Apple App Store, you must agree to Apple’s Licensed Application End User License Agreement.
• 4. By listing services available for booking, SMB must accurately describe the services it provides and provide its customer terms or policy of the services. SMB has the sole responsibility for the legality, accuracy and quality of rates and availability and content on its Linkedbooking Powered website. In no event shall Linkedbooking be held liable for double-bookings or other booking-related issues.
• 5. You agree that use of the Services is at your sole risk. Neither Linkedbooking nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted, timely, secure or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the legality, accuracy, reliability, or content of any information provided.
• 6. You expressly understand and agree that, to the extent permitted by applicable laws, Linkedbooking shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, personal injury or death, reputation harm, health harm, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Linkedbooking Service, any Third Party Service or these Terms of Service (however arising, including negligence).
• 7. Linkedbooking is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Linkedbooking from any liability arising from Fraudulent Actions.
• 8. To the extent permitted by applicable laws, in no event shall Linkedbooking or our Third Party providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Linkedbooking partners, third party providers, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
• 9. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We make no warranty that the functionality of the Services will be delayed, failed, uninterrupted or error-free, that defects will be corrected or that the Services or the servers that make it available are free of viruses, or anything else which may be harmful or destructive. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks. You acknowledges that the Services may be subject to limitations, delays and other problems.
• 10. You acknowledges that Linkedbooking’s Services may from time-to-time experience bugs and in these situations, you may lose data, content, potential bookings or obtain over bookings. You agree that Linkedbooking is not responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content. You agree that Linkedbooking is not responsible for refunding the cost of any lost potential booking or overbooking.
• 11. Accounts terminated, at the sole discretion of Linkedbooking, in the event that such account activity is detrimental to Business Owners of the Linkedbooking community.
• 12. You understand that SMBs and Customers are solely responsible for their interactions between each other. You hereby release the Linkedbooking from any and all such Claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by Customer or SMB as a result of the interaction. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Linkedbooking pertaining to the subject matter of this Section.
• 13. You acknowledges that Linkedbooking has no obligation to store, maintain or provide the SMB or the customer with a copy of any Content. It is the SMB’s and customer’s sole responsibility to back up their Contents.
• 14. You are solely responsible for the operation of the Linkedbooking powered Website, including the business that is conducted, statements , messages and representations made by you, any interaction between you and your customers using Linkedbooking Services, and the content (including user-generated content or messages) which is posted to or transmitted via the your Linkedbooking Powered Website or tools.
• 15. Linkedbooking is not liable for, or be considered to be in breach of the Agreement on account of, any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond reasonable control, including, without limitation, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war.
• 16. Linkedbooking is not responsible for or liable to any of your tax obligations or liabilities relating to the use of Linkedbooking Services. It is your responsibility to fulfill your tax obligations under applicable laws to report, collect, remit or include in your price any applicable GST or other indirect taxes, occupancy taxes, sales, tourist or other taxes.
• 17. You agree to indemnify and hold Linkedbooking and Linkedbooking’s subsidiaries, affiliates, partners, executives, directors, third party providers, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP and Privacy Policy); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction or services conducted between you and your Customer, including but not limited to reservations, refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws). (D) Use of a Third Party Service or your relationship with a Third Party Provider

9. Intellectual Property and Customer Content

• 1. We do not claim any intellectual property rights over the Materials you provide to the Linkedbooking Service. All Materials you upload to your Linkedbooking Website remains yours. You can remove your Linkedbooking powered website at any time by deleting your Account.
• 2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Linkedbooking powered website; (b) to allow Linkedbooking to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Linkedbooking can, at any time, review and delete all the Materials submitted to its Service, although Linkedbooking is not obligated to do so.
• 3. You retain ownership over all Materials that you upload to the website; however, you agree to allow others to view Materials that you post to your Linkedbooking powered website. You are responsible for compliance of the Materials with any applicable laws or regulations.
• 4. Linkedbooking shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Linkedbooking powered website to promote the Service.
• 5. If you believe any of the Linkedbooking Services violate your copyright, please email notice to us at: [email protected]. In order for us to take action, you must do the following in your email notice: a). identify the copyrighted work that you believe is being infringed; b). identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; c). provide us with a way to contact you, such as your address, telephone number, or email; d). provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

10. Bookings

To SMB:

• 1. You must comply with all applicable laws, rules, regulations, contracts and policies that apply to the services you provide in use of Linkedbooking Services, including but not limited to (1) Booking rules or regulations (2) subletting rules (3) zoning, jurisdiction requirements or other laws that restrict rental of residential properties or require a permit or a license (4) Guest registration requirements (5) minimum or maximum stay regulations
• 2. You are responsible for setting your Terms of Service, Privacy Policy, Cancellation Policy, Rental Agreement, House Rules, Rate and Availability, Fees and Charges for your service.
• 3. When SMBs accept booking requests, SMBs are entering into a contract directly with the Guests. SMBs are responsible for delivering the Host Service under these Terms of Service, Privacy Policy, SMB’s own Terms of Service and Privacy Policy. SMB’s Terms of Service and Privacy Policy must be consistent with these Terms of Service and Privacy Policy.
• 4. You must comply with these Terms of Service, Privacy Policy and any other applicable privacy laws in handling personal data of Guests and others.
• 5. You are solely responsible for your services and any safety, damage, or loss to your equipment, supplies, vehicles, venues, tools, used in your services.
• 6. SMB will endeavor to ensure a high-quality booking experience for customers, maintaining accurate rates and availabilities on the booking calendar, and providing clear booking and cancellation policies. Customers are expected to make every effort to honor their bookings and promptly cancel any reservations they are unable to fulfill. SMB reserves the right to set a deposit amount for each booking, which may not be refunded to the customer in accordance with SMB’s cancellation policy. Linkedbooking bears no responsibility for any deposits or charges imposed by SMB on customers. SMB acknowledges that customers may cancel or fail to show up for multiple bookings, even after deposit payments have been made. Linkedbooking is not liable for any disputes or losses arising between customers and SMB.

To Guest:

• 1. You understand that vacation rental services, along with other services, inherently involve risks. Therefore, you agree to take full responsibility for accessing and utilizing the services offered on Linkedbooking powered websites, whether in person or online. It is your duty to thoroughly investigate and confirm the authenticity, existence, conduct, performance, accuracy, reliability, quality, safety, morality, or legality of any service listed on Linkedbooking powered websites to ensure its suitability for your needs. You are accountable for your actions and the actions of anyone you invite to use the service. For instance, services provided by SMB may entail risks such as illness, bodily injury, disability, or even death, and you willingly accept these risks by opting to engage in such services.
• 2. When you submit your booking request, a contract is formed directly between you and the SMB. By submitting a booking request, you are agreeing to the cancellation policy, house rule, rental agreement provided by SMB, the SMB’s terms of service and these Terms of Service.
• 3. You commit to upholding integrity, showing respect to others, and adhering to all relevant laws, regulations, rental agreements, house rules, cancellation policies, and SMB's terms without exception. You are accountable for maintaining the condition of the host's property as you found it upon arrival, as well as for any loss or damage incurred to the property or surrounding amenities during your stay. If you make a reservation for a minor or bring one to a venue, you must possess legal authorization to act on their behalf and assume full responsibility for their supervision.

11. Fees, Payments, Refunds and Taxes

• 1. Linkedbooking Services are provided for the Subscription fees described for each subscription plan on https://www.linkedbooking.com/pricing/, and the SMB is liable for such Fees. SMB may subscribe to a one (1) month, twelve (12) month term with us and payment of the Subscription Fee must be made in advance. The Services will be available to the SMB immediately after we have received the payment of the Subscription Fee (where applicable). If Linkedbooking are unable to process payment of Subscription Fees using your payment method, we may freeze your account. If the outstanding Fees remain unpaid for 60 days following the date of account freeze, we will terminate your Account. And once the account is terminated, all of the data relating to the account will be deleted. Linkedbooking does not provide refunds.
• 2. Subscription Fees are exclusive of all taxes. You are responsible for all taxes assessed, incurred, or required to be collected, paid or withheld for any reason relating to your use of the Linkedbooking products and Services and for the products or services you provide to your customers. You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority in your jurisdiction. Linkedbooking is not obligated to and will not determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction or services. In jurisdictions where Linkedbooking is required by law to collect taxes from you and/or remit the tax collected to the appropriate tax authorities on your behalf, you authorize Linkedbooking to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Taxes are in addition to the Subscription Fees. In order to be able to meet regulatory obligations, Linkedbooking may need additional information based on the applicable taxation rules and regulations in your jurisdiction, including a completed IRS form W9 for U.S.-based Business Owner. Linkedbooking or your third party payment providers may block the Payment Services for a SMB that fails to provide all the needed information.
• 3. The Initial Term (and any Subsequent Term) will automatically renew for a Subsequent Term until and unless explicitly canceled by the you. You acknowledges that we will not send it a notice before the Initial Term or Subsequent Term is renewed and that it is your responsibility to cancel the contract with us if the you want to stop using the Services. Cancellation must be issued via your Linkedbooking Admin Account. Any cancellation issued via the Customer Account must be done at least one (1) day prior to the end of the Contract Term.
• 4. Services canceled at the SMB’s request prior to the completion of the Subscription or contract Term are not subject to a refund.
• 5. If you fail to comply with any of the provisions of these Terms of Service and/ or AUP and/or Privacy Policy and we suspend or terminate the Services prior to the completion of the Subscription or Contract Term, we will not refund any Fees.
• 6. We reserve the right to change Subscription Fees or add another Fee at any time, upon at least 30 days prior notice to the SMB, which notice may be provided by e-mail to the email address associated with the SMB’s Account or by posting the changes to the Official Linkedbooking Site (linkedbooking.com) or the Linkedbooking admin via an announcement. Fee changes will take effect in the SMB’s Subsequent Term.
• 7. Linkedbooking uses third party payment providers, such as PayPal and Stripe, to process payment. You are liable for the Fees applicable to every third party payment transactions relating to your Linkedbooking powered website or the rental services you provide. The payment fees are charged by third party payment providers, Linkedbooking does not charge any payment fees. Payment Fees shall be subject to change by third party payment providers without notice and may not be refundable to SMB, for any reason whatsoever. SMB should reach out to PayPal or Stripe for assistance with regard to payment fees and other payment processing related issues.
• 8. Unless otherwise indicated, all Fees and charges are U.S. dollars, and all payments shall be in U.S. currency.
• 9. You must maintain an accurate location in the administration menu of your Linkedbooking powered Website. If you change jurisdictions you must promptly update your location in the administration menu.

12. Cancellation and Termination

These Terms of Service will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below.

• 1. You may cancel your Subscription, close your Account and terminate the Terms of Service at any time in Settings from Linkedbooking admin or by emailing [email protected] and then following the instructions in the response replied by Linkedbooking. Once the account is closed, the information of your Linkedbooking powered website may not be restored.
• 2. Upon termination of the Services by either party for any reason:
  • 1. Linkedbooking will immediately close your account and cease the Services provided to you. You will not be able to access your Account, and your Linkedbooking powered website will be taken offline.
  • 2. Any confirmed or pending approval booking(s) will be automatically cancelled and Guests will receive a full refund. Linkedbooking will not refund you for the period already paid for.
• 3. We reserve the right to modify, cancel pending or confirmed bookings, suspend or discontinue, temporarily or permanently any Subscription benefits, Service or access to your Account without notice and at any time. ( For example, If we suspect that you have engaged in any unlawful or fraudulent activity in connection with the use of the Service ). Termination of these Terms of Service or the cancellation shall be without prejudice to the rights, other remedies and obligations of either Party under these Terms of Service or under the Law which may have arisen before or on the Termination Date for these Terms of Service or the Cancellation Date, and such rights, other remedies and obligations continue to have effect and may be enforced after the relevant date.
• 4. Upon any termination or the cancellation of these Terms of Service, you shall pay all unpaid and outstanding fees owed by you at the date of termination or cancellation of the Service.

13. LinkedBooking Email Service

• 1. Linkedbooking Email Service utilize email services provided by Third Parties, such as Amazon AWS. You acknowledge and agree that the Linkedbooking Email Service is subject to the Terms of Service, Privacy Policy and Acceptable Use Policy of Amazon AWS and Linkedbooking.
• 2. Your use of the Email Services must comply with all applicable laws, terms and requirements of Third Party Email Service providers and Linkedbooking’s Terms of Service, AUP and Privacy Policy. Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, consumer protection and other applicable laws. It is your responsibility to know, understand, and comply with the laws applicable to your use of the Email Service and the emails you generate and send through the Email Service.
• 3. You are responsible for all content in the email you send using Linkedbooking Email Service. If Linkedbooking suspect that your use of the Email service does not comply with the laws and requirements, we or the Third Party email service provider may suspend or terminate your access to and use of the email services without notice.
• 4. You agree that you will not send sensitive information, including but not limited to Race or ethnic origin, religion, political affiliations, political opinions, sexual orientation, criminal history, and trade union or association memberships, biometrics, genetics or medical history. If you find or suspect any Email that does not comply with these Terms of Service, AUP or Privacy Policy, please report the issue to us.
• 5. When utilizing the Linkedbooking Email Services, you expressly authorize Linkedbooking to examine the content of emails you transmit through the Linkedbooking Email Services before they are delivered

14. Ideas, Suggestions and/or Feature Requests

Linkedbooking welcomes any ideas, suggestions and/or feature requests regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion, feature requests, or any review of the Services be subject to any obligation of confidentiality or expectation of compensation. By submitting ideas, suggestions, feature requests, or any review of the Services to Linkedbooking (whether submitted directly to Linkedbooking or indirectly to other third party websites, or posted on any Linkedbooking hosted forum or pages), you waive any and all rights in the ideas, suggestions, feature requests or any review of the Services that Linkedbooking is free to implement and use the ideas, suggestions, feature requests or any review of the Services, if desired, as provided by you or as modified by Linkedbooking, without obtaining permission or license from you or from any third party. Ideas, suggestions, feature requests or any review of the Services provided by you must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Linkedbooking reserves the right (but not the obligation) to remove or edit them.

15. DMCA Notice and Takedown Procedure

Linkedbooking supports the protection of intellectual property and asks Linkedbooking SMBs and customers to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If you believes that one of our users is infringing your intellectual property rights, you can send a DMCA Notice to Linkedbooking Support ([email protected]). Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the SMB or customer can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.

16. Privacy & Data Protection

Linkedbooking is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Linkedbooking’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

17. Intellectual property

• 1. All of the materials you provide to Linkedbooking are belong to you. You acknowledge that you have the license to those Materials. You grant Linkedbooking a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, operate, distribute, promote, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication, through social media, email, sms ), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services And/Or associated with your Linkedbooking powered website . You warrant that you have all the rights in the Materials to grant this license. You irrevocably release, waive any and all moral rights you may have in the Materials in favor of Linkedbooking and agree that this waiver may be invoked by anyone who obtains rights in the materials through Linkedbooking. This license will survive any termination of the Terms of Service solely to the extent that Linkedbooking requires the license to exercise any rights or perform any obligations that arose during the Term.
• 2. You acknowledge and agree that you may not use any trademarks, or service marks of Linkedbooking, unless you are authorized by Linkedbooking in writing to do so.
• 3. You agree that you have no right to implement Linkedbooking patents and/ or trademarks.

18. Severance

The failure of Linkedbooking to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part-provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California for those Users who enter into this Agreement with Linkedbooking, Inc., without giving effect to any principles that provide for the application of the law of another jurisdiction. For all disputes, You acknowledge and agree that prior to pursuing a claim in court, You must first give Linkedbooking an opportunity to resolve your claim by sending a written description of Your claim.

Linkedbooking Inc.
1090 S Milpitas Blvd, Unit #258
Milpitas, CA 95035
United States of America