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Experiences

Last Update: May 10, 2018 

 

THESE ONLINE PROMOTIONAL SERVICE TERMS (“TERMS”) DEFINE YOUR ACCESS TO AND USE OF THE ONLINE PROMOTIONAL SERVICE OF MISTERB&B (“ONLINE PROMOTIONAL SERVICE”), SUCH TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MISTERB&B. IF YOU DO NOT ACCEPT THESE TERMS STATED HERE, PLEASE DO NOT USE THE ONLINE PROMOTIONAL SERVICE. BY USING IT, YOU INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE FOLLOWING TERMS. 

THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THESE TERMS WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE ONLINE PROMOTIONAL SERVICE. 

IN THESE TERMS, “YOU” REFERS TO THE ADVERTISER WILLING TO ADVERTISE AN EXPERIENCE VIA THE ONLINE PROMOTIONAL SERVICE, EXCEPT STATED DIFFERENTLY. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY. 

YOU REPRESENT AND WARRANT THAT (I) YOU HAVE NO PRE-EXISTING OBLIGATIONS OR COMMITMENTS (AND WILL NOT ASSUME OR OTHERWISE UNDERTAKE ANY OBLIGATIONS OR COMMITMENTS) THAT WOULD BE IN CONFLICT WITH YOUR OBLIGATIONS UNDER THESE TERMS, AND (II) YOU WILL FULLY COMPLY AT ALL TIMES WITH ALL APPLICABLE LAWS AND YOU WILL NOT INFRINGE ON ANY THIRD-PARTY RIGHTS. 

 

SFO84, Inc. (“misterb&b”) provides an advertisement venue and database service via the Site, App and Services, under which the Advertisers can use the Site, App and Services to publish an advertisement for an activity or service they provide, as well as an Experience review service (collectively referred to as the “Online Promotional Service”). Such Online Promotional Service is used by the Advertisers to serve promotional purposes only, and does not allow any Member or user of misterb&b to book the advertised Experience directly via the Site, App and Services. Failure to access to or use the Online Promotional Service in accordance with these Terms may subject you to civil and criminal penalties. 

You understand this page states the Terms governing your access to and use of the Online Promotional Service; for the terms and conditions governing your general access to and use of the Site, App and Services, in particular, but not limited to, account registration, suspension, termination or cancellation, the ownership, and payment services, please refer to the Terms and Conditions (https://www.misterbandb.com/pages/terms-and-conditions). By accessing and using the Online Promotional Service, you agree to be bound by the Terms and Conditions, that are incorporated into the agreement made between misterb&b and you for your access to and use of the Online Promotional Service. Please also read carefully our Privacy Policy (https://www.misterbandb.com/pages/privacy-policy) and Content Policy (https://www.misterbandb.com/pages/content-policy). 

If you reside in the United States of America, you are contracting with SFO84, Inc. with respect to the access to and the use of the Online Promotional Service. If you reside in any country outside of the United States of America, you are contracting with Pinklab360 SASU, a société par actions simplifiée unipersonnelle, whose registered office is located in France, 5 Rue Geoffroy-Marie, 75009 Paris, with a share capital of Euros 1.000, registered before the Registry of Commerce of Paris under the number 814 427 639 (“misterb&b Europe”), with respect to the access to and use of the Online Promotional Service. misterb&b and misterb&b Europe are collectively referred to as “misterb&b”. 

 

IF THERE IS A CONFLICT BETWEEN THESE TERMS AND ANY PROVISIONS OF MISTERB&B’S TERMS AND CONDITIONS, PRIVACY POLICY OR CONTENT POLICY, THE CONFLICTING TERMS IN THESE TERMS CONTROL WITH RESPECT TO THE ONLINE PROMOTIONAL SERVICE. 

 

1. Definitions. 

Advertiser: with regards to the following Terms, means a Member who creates a Premium 

 

Experience Listings for advertising an Experience via the Site, App and Services. Experience: with regards to the following Terms, means certain services or activities (other than offering to rent a property) advertised by the Advertiser via the Site, App, and Services. 

 

Premium Experience Listings: means an advertisement of and for an Experience, posted by the Advertiser via the Site, App, and Services. You understand that a Premium Experience Listing is different from an Experience Listing, since the Premium Experience is only advertised via the Site, App and Services and can not be booked on the misterb&b platform. With regards to Premium Experience Listing, misterb&b will not act as a payment collector. 

 

Promotional Material: means, without limitation, texts, graphics, images, music, software (excluding the App), audios, videos, information, link to third-party pages or other materials associated with your Premium Experience Listing, uploaded, submitted, transmitted or published via the Site, App or Services, along with any private photographs/videos submitted to users via the Site, App or Services. 

 

Advertising Subscription: means the subscription an Advertiser purchases to be able to publish one (1) Premium Experience Listing for one (1) year after misterb&b’s receipt of valid payment. 

 

Subscription Fees: means the amounts that are due and payable by an Advertiser in exchange for an Advertising Subscription. 

 

Renewal Fees: means the amounts that are due and payable by an Advertiser in exchange for the automatic renewal of the Advertising Subscription. 

 

Any other capitalized terms that are not defined in these Terms will have the same meaning given to them in the misterb&b Terms and Conditions. 

 

2. General terms of the Online Promotional Service. 

 

misterb&b provides an online advertising venue and database with related technology for you to advertise the activity or service you provide. In that matter, you understand and agree misterb&b acts as a passive conduit for you to advertise an activity or service you provide. In regards to the Premium Experience Listings, misterb&b will not act as a linking agent, payment collector or payment facilitator for the booking of the Premium Experience. 

 

The Online Promotional Service is intended for the online distribution and publication of the Advertiser’s Promotional Material. The use of this Online Promotional Service indicates the purchase of an Advertising Subscription, offering you the right to publish on the misterb&b platform, via the Site, App and Services, one (1) Premium Experience Listing for a period of one (1) year after receipt of valid payment from you. 

 

Under the Online Promotional Service, the access to Promotional Materials via the Site, App and Services is available free of charge for both registered or unregistered users to the Site, App or Services. However, unregistered users must create a misterb&b Account to use the Site, App and/or Service to review the Premium Experience Listing of an Experience they participated in. 

 

Members and users of the Site, App and Services understand misterb&b is not an owner or operator of any Experience that is advertised through the Premium Experience Listings. misterb&b does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any Experiences, any places where they are realized or any materials needed for their realization. misterb&b solely facilitates the advertisement of these Experiences by ensuring the availability of the Site, App and Services and collecting fees from Advertisers for the purpose of publishing their Premium Experience Listings. 

 

Users of misterb&b understand the advertisement of a Premium Experience in a Premium Experience Listing via the Site, App and Service serves a promotional purpose only; while they will be able to view such Premium Experience Listings, they will not be able to book the advertised Premium Experiences through the Site, App and Services. misterb&b is not a party to any agreement between the Advertiser and any other Member or user of misterb&b who may decide to book and/or participate in a Premium Experience advertised via the Site, App and Services. 

 

You understand that misterb&b does not commit to, or guarantee, the earning power of the Online Promotional Service. 

 

MISTERB&B DOES NOT ENDORSE ANY MEMBERS, ANY EXPERIENCES OR ANY TRAVEL REVIEWS. MISTERB&B CANNOT AND DOES NOT CONTROL THE PROMOTIONAL MATERIAL CONTAINED IN ANY PREMIUM EXPERIENCE LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PREMIUM EXPERIENCES ADVERTISED VIA THE SITE, APP AND SERVICES. MISTERB&B IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PREMIUM EXPERIENCE LISTINGS AND PREMIUM EXPERIENCES ADVERTISED VIA THE SITE, APP AND SERVICES. 

ADVERTISERS MAY MAKE CERTAIN CLAIMS OF SPECIALTY, EXPERIENCE, LICENSING OR COMPETENCE WITHIN THEIR PREMIUM EXPERIENCE LISTINGS. NO SUCH CLAIMS HAVE BEEN INVESTIGATED OR CONFIRMED BY MISTERB&B. CERTAIN STATES AND/OR LOCAL GOVERNMENTS REQUIRE THE PROVIDER OF CERTAIN SERVICES OR ACTIVITIES TO ACQUIRE A LICENSE OR TO REGISTER WITH THE AUTHORITIES BEFORE PRACTICING THEIR TRADE WITHIN THE JURISDICTION. MISTERB&B DOES NOT IN ANY WAY ENDORSE, GUARANTEE OR WARRANT THE LICENSURE, QUALIFICATIONS OR ABILITIES OF ANY INDIVIDUALS OR BUSINESSES ADVERTISED VIA THE SITE, APP AND SERVICES. USERS UNDERSTAND AND AGREE THEY STAY RESPONSIBLE FOR CONFIRMING THE QUALIFICATIONS OF ANY ADVERTISERS AND FOR DETERMINING THE APPROPRIATENESS OF ANY ACTIVITY OR SERVICE THAT IS OFFERED. 

 

3. Premium Experience Listing. 

 

THE PREMIUM EXPERIENCE LISTING WILL BE PUBLISHED VIA THE SITE, APP AND SERVICES UNDER THE SOLE RESPONSIBILITY OF THE ADVERTISER. YOU ARE RESPONSIBLE FOR YOUR ADVERTISEMENTS AND THEIRS CONSEQUENCES. 

 

3.1 Creation of the Premium Experience Listings. 

 

Any Member, who is a provider of an activity or a service can use the Online Promotional Service to promote such activity or service in creating a Premium Experience Listing. To create a Premium Experience Listing, you will be asked a variety of questions about the Premium Experience you want to advertise, via an online form, including, without limitation, the location, the content, features of the Premium Experience, and pricing. 

 

The Premium Experience Listing will be created based upon the information you provide to us. As an Advertiser, you agree to provide accurate, current and complete information during the creation process and to update such information to keep it accurate, current and complete. All Premium Experience Listings must (i) have valid physical addresses (for this purpose, misterb&b may require any proof of address), and (ii) have accurate and current contact information in order for the viewers of your advertisement to contact you for learning more about and/or booking the Premium Experience.

 

In certain circumstances, and to the maximum extent permitted by applicable law, misterb&b may decide, in its sole discretion, that it is necessary or desirable to confirm your identity. For this purpose, misterb&b may ask you to provide proof of your identity in the form of a driver’s license, passport or similar form of identification. 

 

In certain circumstances, and to the maximum extent permitted by applicable law, misterb&b may decide, in its sole discretion, that it is necessary or desirable to confirm the legal registration of the business you want to advertise. For this purpose, misterb&b may ask you to provide proof of business registration. 

 

You agree not to hold misterb&b liable for the potential incompatibility of the submitted Promotional Material with the Site, App and Services. Furthermore, by submitting the Promotional Material to misterb&b, you represent and warrant that you own the artistic and industrial property of the submitted texts, photographs, images, brands and logos.

 

3.2 Verification but no Endorsement.

 

Every created Premium Experience Listing must undergo a preliminary verification by misterb&b to determine, in its sole discretion, if it will be published via the Site, App and Services. The verification is operated by misterb&b, in its sole discretion, upon the information provided by the Advertisers, and taking in consideration of (i) the nature of the activity or service advertised, and (ii) the compatibility of the Promotional Material with the present Terms, the Terms and Conditions and the misterb&b Content Policy. The Advertisers agree that such verification by misterb&b shall be final and binding on them. 

 

As a user of misterb&b, you understand and agree that the verification of the Promotional Material by misterb&b is not, by no means, (i) an endorsement of any Advertiser or any Premium Experience, or (ii) a guarantee that the Promotional Material is accurate, current and complete, or (iii) a guarantee that the Premium Experience will meet your expectations.

 

PLEASE NOTE THAT THE ADVERTISERS ARE NOT AUTOMATICALLY REQUIRED TO UNDERGO A MANDATORY BACKGROUND CHECK, CRIMINAL HISTORY EVALUATION, OR REGISTERED SEX OFFENDER CHECK BEFORE THE PUBLICATION OF THEIR PREMIUM EXPERIENCE LISTINGS. ALL USERS SHOULD UNDERTAKE THEIR OWN, INDEPENDENT EVALUATION OF THE ACCURACY OF ANY REPRESENTATION MADE BY AN ADVERTISER. 

ANY REFERENCES IN THE SITE, APP OR SERVICES TO A MEMBER BEING “PROFESSIONAL” OR “VERIFIED” (OR SIMILAR LANGUAGE) ONLY INDICATE THAT THE MEMBER HAS COMPLETED A RELEVANT VERIFICATION PROCESS, AND DOES NOT REPRESENT ANYTHING ELSE. ANY SUCH DESCRIPTION IS NOT AN ENDORSEMENT, CERTIFICATION OR GUARANTEE BY MISTERB&B ABOUT ANY MEMBER, INCLUDING OF THE MEMBER’S IDENTITY AND WHETHER THE MEMBER IS TRUSTWORTHY, SAFE OR SUITABLE. INSTEAD, ANY SUCH DESCRIPTION IS INTENDED TO BE USEFUL INFORMATION FOR YOU TO EVALUATE WHEN YOU MAKE YOUR OWN DECISIONS ABOUT THE IDENTITY AND SUITABILITY OF OTHERS. WE THEREFORE RECOMMEND THAT YOU ALWAYS EXERCISE DUE DILIGENCE AND CARE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER MEMBERS. 

 

3.3 Publication of the Premium Experience Listings. 

 

The publication of a Premium Experience Listing via the Site, App and Services is contingent upon the valid receipt of the Subscription Fees, for the purchase of an Advertising Subscription. The Advertising Subscription period is one (1) year starting the day after receipt of valid payment of the Subscription Fees by misterb&b. 

 

Please note that right after your payment of the Subscription Fees, your Premium Experience Listing will be pending to our verification as described in section 3.2. The verification period will not exceed forty-eight (48) hours, except extraordinary circumstances. misterb&b will notify you the result of our verification: if your Premium Experience Listing is approved, we will send you the direct link to it. 

 

Upon the result of the verification conducted, misterb&b may decide, in its sole discretion, to publish or not the Premium Experience Listing. The Advertisers agree that such determination of misterb&b with respect to the publication of their Premium Experience Listing, shall be final and binding on them.

 

The Online Promotional Service ensures the online publication of your Premium Experience Listing 24/7, except in cases of force majeure. You acknowledge and accept that misterb&b shall not be responsible, and no compensation will be owed, in the case were misterb&b is unable to publish your Premium Experience Listing as a result of a reason beyond its control, including, without limitation, acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site, App and Services’ performance. 

 

3.4 Modification of the Premium Experience Listings.

 

After publication of your Premium Experience Listings, you are authorized to modify only your contact information. misterb&b may impose modification fees for any further modifications of the Promotional Material, the amount of which will be communicated to you before you decide to confirm such modifications. misterb&b reserves the right, in its sole discretion, at any time, without prior communication, to change the amount of the modification fees. 

 

The publication of the modification of a Promotional Material is not, by any means (i) an endorsement of any Advertisers or any Experience, or (ii) a guarantee that the Promotional Material is accurate, current and complete, or (iii) a guarantee that the Experience will meet your expectations. THE MODIFIED PROMOTIONAL MATERIAL WILL BE PUBLISHED VIA THE SITE, APP AND SERVICES UNDER THE SOLE RESPONSIBILITY OF THE ADVERTISER. 

 

3.5 Suspension and withdrawal of the Premium Experience Listings.

 

You can temporarily suspend, or definitely withdraw your Premium Experience Listing, at any time, by accessing your misterb&b account or contacting the misterb&b customer support at support@misterbandb.com. 

You understand that such withdrawal does not constitute a valid termination of your Advertising Subscription. The withdraw of your Premium Experience Listings does not entitle you with any reimbursement, and does not cause or mean the extinction of your obligations under these Terms. 

 

4. Financial Terms.

 

As an Advertiser, you agree to pay misterb&b for the totality of the fees associated with the purchase of the Advertising Subscription, its renewal and the use of the Online Promotional Service. misterb&b will collect the fees in accordance with these Terms and the pricing terms set forth on the misterb&b platform. Please note that misterb&b cannot control any fees that may be charged to you by your bank related to misterb&b’s collection of the fees, and misterb&b disclaims all liability in this regard. 

Currently the misterb&b platform supports pricing and payments in USD and EUROS. misterb&b may add additional currencies in the future, in its sole discretion. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time. 

 

You agree to permit misterb&b to check your payment method and associated information in connection with relevant blacklists and fraud prevention databases. Discovery that any Advertiser has used a stolen or fraudulent credit or debit card, or other payment method, may result in the notification of the appropriate law enforcement agencies and termination of such Advertising Subscription.

 

We reserve the right to contract with third party payment processors at any point during the life of this Online Promotional Service. You understand that such third party entities may impose additional terms and conditions governing payment processing, and you are wholly responsible for abiding by the same. misterb&b disclaims any liability in relation to your violation of such policies. 

 

4.1 Advertising Subscription and associated fees. 

 

Only the Members that have purchased an Advertising Subscription will be able to publish a Premium Experience Listing. The publication of the Premium Experience Listings is contingent upon receipt of valid payment for purchase of an Advertising Subscription and will last for the subscription period, meaning one (1) year. 

 

The Subscription Fees for the purchase of an Advertising Subscription, and any other fees in connection with the purchase, are prominently displayed at the time of purchase. YOU UNDERSTAND AND AGREE THAT ANY FEES PAID FOR THE PURCHASE OF THE ADVERTISING SUBSCRIPTION AND ANY FEES ASSOCIATED WITH THE USE OF THE ONLINE PROMOTIONAL SERVICE ARE NON-REFUNDABLE.

 

misterb&b reserves the right, in its sole discretion, to make any changes such as changing the amount of the Subscription Fees or any other fees, or creating new fees associated with the use of the Online Promotional Service, at any time, with or without prior notice to you. By way of example, such changes may include additional administrative and/or supplemental charges for certain options, features or services provided to the Advertisers using the Online Promotional Service.

 

4.2 Renewal of the Advertising Subscription and associated fees. 

 

All existing subscriptions will be automatically renewed for an equivalent period of one (1) year, unless the Member renounces the renewal by sending an electronic mail to support@misterband.com. You will be notified of the renewal of your Advertising Subscription by electronic notification, to the electronic mail address you provide by creating your Member account, one (1) month before it occurs. If you do not want the Advertising Subscription to be renewed, you may notify misterb&b of your decision by contacting the misterb&b customer support at support@misterbandb.com. Such a notification will prevent the renewal of the ongoing Advertising Subscription only if it is received by misterb&b fifteen (15) days before the end of the on-going Advertising Subscription. 

 

In the case of renewal of the Advertising Subscription, you will be automatically debited through the same mean of payment provided to pay the initial Subscription Fees. In case of failure of this automatic operation, we will notify you of the necessity to provide another mean of payment. If you do not do so within five (5) days after receipt of such notification, your Advertising Subscription will be automatically terminated. You agree to pay misterb&b for any Renewal Fees in accordance with these Terms. You hereby authorize the automatic collection of such amounts by charging the same mean of payment you provided to pay the initial Subscription Fees. 

 

You must promptly inform us of all changes of the information provided, including, but not limited to, changes in name, billing address and credit card used in connection with the payment of the Subscription Fees and Renewal Fees. If you provide any information that is untrue, inaccurate, not current or complete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, misterb&b will have the right (i) to suspend indefinitely the publication of your Premium Experience Listing until you correct such information, or (ii) to terminate your Advertising Subscription, and if so, (iii) to refuse you any future access to and use of the Online Promotional Service.

 

4.3 Technical interventions and associated fees. 

 

You understand and accept that any technical interventions that misterb&b executes (i) at your request, and/or (ii) that is necessary in order to publish or modify your Premium Experience Listing as your desire, including, without limitation, any technical interventions for inadequate format, missing image or typeface, orthographic corrections, logo creation or retouch, may result in additional technical intervention fees, the amount of which will be communicated to you before the execution of any technical interventions. You agree to pay misterb&b for any technical interventions fees with these Terms. You hereby authorize the automatic collection of such amounts by charging the same means of payment you provided to pay the initial Subscription Fees.

 

4.4 Termination of the Advertising Subscription.

 

You cannot cancel your Advertising Subscription early. 

 

Without limiting other remedies, you agree and acknowledge that misterb&b reverses the right, in its sole discretion, to terminate your Advertising Subscription and if so, may refuse you any future access to and use of the Online Promotional Service in its sole discretion, at any time, for any reasons, including, without limitations (i) the inappropriateness of the Promotional Material, (ii) any violations of any material terms of the present Terms, the Terms and Conditions and the misterb&b Content Policy, (iv) your inability to pay any fees due under these Terms, (v) the inability for misterb&b to verify or authenticate any information you provide to misterb&b; or (vi) any possibilities that your actions and/or conduct may cause legal liability for you, misterb&b or its users. In case of termination for any reasons mentioned above, you understand and acknowledge misterb&b will not reimburse any fees paid for the contracting and under the life of your Advertising Subscription. 

 

You understand your Advertising Subscription can be terminated, without prior notice, in case of the ceasing of operations or discontinuation of any services or options provided by misterb&b. In such course of events, misterb&b will reimburse you the Subscription Fees or the Renewal Fees of the ongoing Advertising Subscription that is terminated, and only these fees, prorated over the number of days remaining for the ongoing Advertising Subscription. 

 

5. Experience reviews. 

 

ON PURCHASE OF AN ADVERTISING SUBSCRIPTION, YOU ARE DELIVERED A REVIEW CODE THAT YOU MUST SHARE WITH THE USERS OR MEMBERS THAT PARTICIPATE IN YOUR PREMIUM EXPERIENCE AND ASK FOR SUCH REVIEW CODE. 

 

After their participation in a Premium Experience advertised via the Site, App and Services, Members can publish a review to deliver a feedback and describe the activity or service advertised by the Advertiser (the “Experience review”). Posting an Experience review is optional and does not create any advantage or compensation for its author. 

 

misterb&b welcomes Experience reviews as an important contribution. They are an effective way to tell other users about an Advertiser’s techniques and talents, and to help describe a certain kind of Experience to those who may be new to such. However, the ability to post an Experience review shall not be construed as to to report complaint, grievance or loss. Such complaints against a service provider shall be directed to appropriate legal or regulatory channels.

 

To be able to post an Experience review, users need (i) to create an account on misterb&b, and (ii) obtain from the Advertiser of the Experience they participated in the Review Code (before your participation) delivered by misterb&b on receipt of valid payment for the purchase of an Advertising Subscription. Once an Experience review is posted via the Site, App and Service, it can not be modified or deleted. It will remain published until the deletion of misterb&b account of its author. 

 

Please note that the Advertisers can reply to the review left on their Premium Experience Listings within fifteen (15) days after its publication of the review. 

 

Content of the Experience reviews is not screened by misterb&b before publication via the Site, App and Services. misterb&b shall not be held responsible for error, inaccuracy, or misrepresentation. Members posting Experience reviews are responsible for any text, images, communications, representations and any other content uploaded on the Site, App and Services, and for any consequences the Experience reviews may cause. As a Member, you understand and agree that the content of your Experience Reviews shall be compliant with any terms of all the present Terms, the Terms and Conditions and the misterb&b Content Policy. misterb&b reserves the right to modify or delete, at its sole discretion, any Experience review that is in violation of all the present Terms, the Terms and Conditions and the misterb&b Content Policy.

 

Experience reviews are individual opinions and do not represent the views of misterb&b. Any Member, whom considers an Experience Review to be inappropriate, or in violation of any terms of the present Terms, the Terms and Conditions and the misterb&b Content Policy, can report it by using the reporting feature on the Site, App and Services or contacting the misterb&b customer support at support@misterbandb.com. 

 

6. Links to Other Sites.

 

The Premium Experience Listings may contain links to third party services, in order to direct the users to relevant pages for the information about, and booking of, the advertised Experience. 

 

These links are provided solely as a convenience to the users and not as an endorsement by misterb&b of the contents on such third-party sites. misterb&b is not responsible for the content of linked third-party sites and does not make any representations regarding the content, accuracy and legality of materials on such third party sites. If you, as a user, decide to access linked third party sites, you do so at your own risk, and understand that you may be subject to additional user agreements and/or policies governing the access or use of such sites. 

 

misterb&b will only condone such links only, and only if, the links direct the users to material strictly related to the information about or the booking of, the advertised Premium Experience. misterb&b reserves the right, without limiting any other remedies (i) to temporarily or indefinitely suspend, or (ii) definitively withdraw, any Premium Experience Listings in which one or more links are directing the users to third party materials that misterb&b determines to be, at its sole discretion, inadequate, inappropriate, illegal, false or fraudulent. 

 

7. Content. 

 

misterb&b does not represent or guarantee the truthfulness, accuracy, legality or reliability of any Promotional Material, nor does it endorse any Promotional Material, even after any verification or reviewing. Users acknowledge and accept that any reliance on the Promotional Material posted by the Advertisers will be at their own risk. 

 

As an Advertiser publishing a Premium Experience Listing, you are responsible for any text, image, link to third-party pages and any other materials, uploaded, submitted, or otherwise transmitted via the Site, App and Services (the “Promotional Material”). You are responsible for any consequences arising out of your Promotional Material and you understand and agree that all Promotional Material associated with your Premium Experience Listing will comply with all of these Terms, the Terms and Conditions and the misterb&b Content Policy. misterb&b reserves the right, in its sole discretion, to modify such terms and policies, at any time, and agree to notify you of such modification in accordance with the relevant procedures of modification. 

 

In particular, but not limited to, given that violation of such restrictions is determined by misterb&b in its sole discretion, any and all Promotional Material is expressly prohibited from including any texts, images, links to third-party pages and any other materials: 

• Suggesting, soliciting, explicitly or implicitly, the exchange of funds for human trafficking, actual or simulated sexual activity, escort services, drugs supply or use, gambling online service, or any other illegal behavior; 

• Promoting, suggesting, encouraging any conduct that would violate any applicable laws or regulations or would give rise to civil liability; 

• Using slang, acronyms or any other codes to reference actual or simulated sexual activity, drugs supply or use, gambling online service, or any other illegal behaviors; 

• Qualifying, explicitly or implicitly, as pornography, obscene, or contradicting morals standards, generally accepted good customs and public order; 

• Depicting, referencing or mentioning, explicitly or implicitly, any persons under eighteen (18) years old at the time of creation; 

• Qualifying, explicitly or implicitly, as embarrassing, abusive, discriminatory, bigoted, racist, hateful, harassing, harming or calling for harm, against any individuals or groups; 

• Defaming towards any persons, entities, or groups (including, but not limited to, other users, misterb&b, the Site, App and Services); 

• Infringing, misappropriating or violating the rights of any persons, entities or groups, including without limitation, their intellectual property, privacy, publicity, moral or contractual rights, third’s party patent, copyright, trademark, trade secret; 

• Including private or personal information of any persons without that person's consent; 

• Expressing or implying false, inaccurate, misleading, excessively dated information about, the price, the content and/or the characteristics of the advertised activity or service; 

• Impersonating any persons or entities, falsifying or otherwise misrepresenting yourself or your affiliation with any persons, entities or groups;

• Advertising any activities or services that is not owned or performed by the Advertiser who is publishing the Premium Experience Listing; 

• Expressing or implying promotion of any misterb&b’s competitors; 

• Containing viruses, Trojan horses, worms, time bombs, cancelbots or technology intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any systems, data or information. 

 

If any Promotional Material is determined or suspected by misterb&b, in its sole discretion, to be inappropriate, unacceptable, illegal or in violation of any of the present Terms, the Terms and Conditions and the misterb&b Content Policy, misterb&b reserves the right, in its sole discretion, at any time, to (i) reject before its publication, or remove after its publication, such Promotional Material, and/or (ii) temporarily or indefinitely suspend the Premium Experience Listing containing such Promotional Material, and/or (iii) terminate the Advertising Subscription of the author of such Promotion Material, and/or (ii) to refuse the author of such Promotional Material any future access to and use of the Online Promotional Service, and/or (iii) to delete the misterb&b account of the author of such Promotional Material. 

 

8. License to use your Promotional Material.

 

By making available any Promotional Material on or through the Site, App and Services, you hereby grant to misterb&b a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, publish, distribute, license, sell, transfer, publicly communicate, publicly display, publicly perform, transmit, stream, broadcast, access, view, translate and otherwise exploit such Promotional Material, in whole or in part, incorporated into any form, medium or technology whether now known or hereafter to become known, through, by means of or to promote or market the Site, App and Services. You represent and warrant that you have all rights, including intellectual property and publicity rights, to grant the license set out above. 

 

You understand and agree that by uploading your Promotional Material, you are consenting to the above license in its entirety, which provides misterb&b the right to (i) reproduce, transmit, communicate, display, or distribute your Promotional Material, on or as part of the Site, App and Services, or elsewhere, by means of any technology, whether now known or hereafter to become known, for promotional or commercial purposes; (ii) reproduce your Promotional Material in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links); (iii) adapt, modify, or alter your Promotional Material or otherwise create derivative works based upon it; and for all other reasonable promotional or commercial uses either as part of the operation of the Site, App and Services, or as a promotion or operation of any derivative or related businesses. 

 

misterb&b does not claim any ownership rights in your Promotional Material and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Promotional Material. 

 

Further, by making available any Promotional Material on or through the Site, App and Services, you hereby grant to the users of misterb&b a nonexclusive license to access your Promotional Material via the Site, App and Services. You acknowledge and agree that the Site, App and Services can be accessed by users throughout the world. You therefore understand that any Promotional Material that you make available on or through the Site, App and Services may be viewed by anyone, including, without limitation, your competitors as well as current and/or former friends, colleagues, associates, and acquaintances. 

 

9. Copyright infringement. 

 

misterb&b respects the intellectual property rights of others, and we require you to do the same when using the Site, App, Services and Online Promotional Service. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. 

 

misterb&b may, in appropriate circumstances, and its sole discretion, terminate access to and use of the Online Promotional Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or App, please follow the procedure set forth in our Terms and Conditions (https://www.misterbandb.com/pages/terms-and-conditions). 

 

Promotional Materials and unauthorized use of any Materials or Third Party Content may violate applicable laws and regulations. You agree to indemnify and hold misterb&b and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that misterb&b or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site, App and Online Promotional Service, or such use by any person using your user name and/or password, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. 

 

10. Authorization to perform background investigations. 

 

YOU ACKNOWLEDGE AND AGREE THAT MISTERB&B IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. 

MEMBERS AND USERS OF THE SITE, APP AND SERVICES ARE NOT REQUIRED TO UNDERGO A MANDATORY BACKGROUND INVESTIGATION, INCLUDING, BUT NOT LIMITED TO, REGISTERED SEX OFFENDER CHECK, BEFORE USING THE SITE, APP AND SERVICES AND THE ONLINE PROMOTIONAL SERVICE. ALL USERS SHOULD UNDERTAKE THEIR OWN INDEPENDENT EVALUATION OF ANY REPRESENTATION MADE BY ANY ADVERTISERS. 

 

11. Special considerations regarding minors.

 

The access to and use of the Online Promotional Service via the Site, App and Services are intended solely for persons who are eighteen (18) or older. In order to use the misterb&b Online Promotional Service and contract an Advertising Subscription, you must have attained the age of majority in your jurisdiction. You represent and warrant that you have the legal capacity to contract with misterb&b. misterb&b specifically disclaims any responsibility or liability for any misrepresentations regarding a user's age.

 

IN REGARDS TO THE CONTENT OF PROMOTIONAL MATERIAL, MISTERB&B HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS. MISTERB&B DOES NOT PROVIDE THIS KIND OF MATERIAL AND DOES NOT TOLERATE THOSE WHO PROVIDE THIS KIND OF MATERIAL NOR ITS CONSUMERS. MISTERB&B WILL COOPERATE WITH ANY LAW-ENFORCEMENT AUTHORITY INVESTIGATING ON SEXUAL ACTIVITIES INVOLVING MINORS. MISTERB&B WILL COMPLY WITH TITLE 18 U.S.C. 2258A RELATED TO THE MANDATORY REPORTING OF ACTUAL PORNOGRAPHY INVOLVING MINORS OF WHICH MISTERB&B BECOME AWARE, INCLUDING ON THIRD PARTY SITES WHOSE LINKS MAY BE CONTAINED IN A PREMIUM EXPERIENCE LISTING. 

 

12. Privacy. 

 

Your use of the Online Promotional Service, via the Site, the Services and the App is governed by the misterb&b Privacy Policy, which is available at https://www.misterbandb.com/pages/privacy-policy (the “Privacy Policy”). 

 

13. Modifications.

 

misterb&b reserves the right, at its sole discretion, to modify at any time the Site, App or Services or to modify these Terms, including, but not limited to, the Subscription Fees. 

 

If misterb&b modify these Terms, we will notify you of such changes by electronic mail at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms with immediate effect. We will inform you about your right to terminate these Terms in the notification sent to you. 

 

By continuing to access or use the Site, App or Services at the date the revised Terms become effective, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services and terminate as set forth above. 

 

14. Disclaimers. 

 

IN REGARDS WITH THE ONLINE PROMOTIONAL SERVICE, MISTERB&B IS ONLY BEING AND ACTING AS AN ONLINE ADVERTISING VENUE. MISTERB&B IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY OTHER MEMBER OR USER OF MISTERB&B WHO MAY DECIDE TO BOOK AND/OR PARTICIPATE IN THE PREMIUM EXPERIENCE YOU ADVERTISE VIA THE ONLINE PROMOTIONAL SERVICE. CONSEQUENTLY, THE PARTIES, INCLUDING YOU, TO A DISPUTE THAT HAS ARISEN OUT OF THE BOOKING OF AND/OR THE PARTICIPATION IN YOUR PREMIUM EXPERIENCE ADVERTISED VIA THE ONLINE PROMOTIONAL SERVICE UNDERSTAND AND ACKNOWLEDGE THEY WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED THEM HARM AND WILL NOT ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM MISTERB&B. 

 

MISTERB&B HAS NO CONTROL OVER ANY PREMIUM EXPERIENCES OR OVER THE CONDUCT OF ANY ADVERTISERS, MEMBERS AND OTHER USERS OF THE SITE, APP, SERVICES AND ONLINE PROMOTIONAL SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. MISTERB&B HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF ANY PREMIUM EXPERIENCE LISTINGS PUBLISHED VIA THE ONLINE PROMOTIONAL SERVICE, THE QUALITY, SAFETY OR LEGALITY OF ANY PREMIUM EXPERIENCES ADVERTISED VIA THE ONLINE PROMOTIONAL SERVICE AND THE SKILLS OF ANY ADVERTISERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

MISTERB&B DOES NOT WARRANT THAT THE SITE, APP, SERVICES AND ONLINE PROMOTIONAL SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE, APP, SERVICE AND ONLINE PROMOTIONAL SERVICE, ITS SERVER AND MATERIALS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR ACCESS TO OR USE OF THE ONLINE PROMOTIONAL SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MISTERB&B IS NOT RESPONSIBLE FOR THOSE COSTS. 

 

THE SITE, APP, SERVICES, MATERIALS AND ONLINE PROMOTIONAL SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MISTERB&B DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MISTERB&B MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, APP, SERVICES AND ONLINE PROMOTIONAL SERVICE, AND AVAILABILITY ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MISTERB&B OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

 

YOU UNDERSTAND THAT MISTERB&B DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OF THE ONLINE PROMOTIONAL SERVICE OR TO REVIEW OR VISIT ANY BUSINESSES OR PLACES REVIEWED IN ANY EXPERIENCE REVIEWS. MISTERB&B MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE SITE, APP OR SERVICES DURING THEIR PARTICIPATION IN ANY EXPERIENCES ADVERTISED VIA THE ONLINE PROMOTIONAL SERVICE. 

 

MISTERB&B EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACTS OR OMISSIONS OF ANY ADVERTISERS, MEMBERS, USERS OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, FOR SEXUAL OR OTHER ASSAULT, MORAL OR PHYSICAL HARASSMENT, DISCRIMINATION AND/OR PHYSICAL AGGRESSION. 

 

ANY USERS WHO DECIDE TO BOOK AND PARTICIPATE IN ANY PREMIUM EXPERIENCES ADVERTISED VIA THE ONLINE PROMOTIONAL SERVICE DECIDE SO AT THEIR SOLE RISK. USERS OF THE SITE, APP AND SERVICES AGREE THAT SOME PREMIUM EXPERIENCES MAY CARRY INHERENT RISK, AND FREELY AND VOLUNTARILY CHOOSE TO ASSUME THOSE RISKS BY PARTICIPATING IN THESE EXPERIENCES. SOME PREMIUM EXPERIENCES MAY CARRY, WITHOUT LIMITATIONS, PROPERTY DAMAGE, RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH. THEY FREELY AND VOLONTARILY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THESE PREMIUM EXPERIENCES, EVEN IF THE RISKS ARISE FROM THE NEGLIGENCE OF THE ADVERTISER OR FROM THE DEFECTS OF THE EXPERIENCE MATERIALS OR FACILITIES. THEY ASSUME FULL RESPONSIBILITY FOR THE CHOICE THEY MAKE BEFORE, DURING AND AFTER THEIR PARTICIPATION IN ANY PREMIUM EXPERIENCES. 

 

15. Liability. 

 

YOU UNDERSTAND AND AGREE THAT MISTERB&B IS NOT A PARTY AND IS NOT INVOLVED TO ANY AGREEMENTS ENTERED INTO BETWEEN ADVERTISERS AND USERS PARTICIPATING IN THE PREMIUM EXPERIENCES ADVERTISED VIA THE ONLINE PROMOTIONAL SERVICE. IN THE EVENT THAT YOU HAVE A DISPUTE ARISING OUT OF YOUR RELATIONSHIP WITH, OR THE EXECUTION OF THE AGREEMENT YOU ENTERED WITH, ANOTHER USER OR MEMBER, YOU RELEASE MISTERB&B (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT, 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. 

 

ADVERTISERS AND USERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THEIR ACCESS TO AND USE OF THE ONLINE PROMOTIONAL SERVICE, PREMIUM EXPERIENCE LISTINGS, EXPERIENCE REVIEWS VIA THE SITE, APP AND SERVICES, AND OUT OF ANY CONTACTS THEY HAVE WITH OTHER USERS OF MISTERB&B WHETHER IN PERSON OR ONLINE, REMAINS WITH THEM. NEITHER MISTERB&B NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE PROMOTIONAL SERVICE WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE OR BUSINESS INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE ONLINE PROMOTIONAL SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH USERS PARTICIPATING IN THE PREMIUM EXPERIENCE YOU ADVERTISE VIA THE ONLINE PROMOTIONAL SERVICE OR OTHER USERS OF THE SITE, APP, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR ACCESS TO OR USE OF THE ONLINE PROMOTIONAL SERVICE OR FROM YOUR ADVERTISING OF ANY PREMIUM EXPERIENCES VIA THE ONLINE PROMOTIONAL SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MISTERB&B HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

IN NO EVENT WILL MISTERB&B’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR ACCESS TO AND USE OF THE ONLINE PROMOTIONAL SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM ANY PREMIUM EXPERIENCE LISTINGS AND EXPERIENCE REVIEWS, OR FROM THE USE OF OR INABILITY TO USE THE ONLINE PROMOTIONAL SERVICE, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR USING THE ONLINE PROMOTIONAL SERVICE AS AN ADVERTISER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MISTERB&B AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

 

16. Indemnification. 

 

AS AN ADVERTISER, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MISTERB&B AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO OR USE OF THE ONLINE PROMOTIONAL SERVICE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR CONDUCT AS AN ADVERTISER PROVIDING OR NOT PROVIDING THE PREMIUM EXPERIENCE ADVERTISED VIA THE SITE, APP, AND SERVICES; (IV) YOUR CREATION OF A PREMIUM EXPERIENCE LISTINGS AND YOUR PROMOTIONAL MATERIAL (AS DEFINED WITHIN THESE TERMS), THE LEGALITY OF YOUR PREMIUM EXPERIENCE AND/OR ANY LOSSES OR DAMAGES OCCURRING AS A RESULT OF OR IN CONNECTION WITH YOUR PREMIUM EXPERIENCE; (V) YOUR INTERACTION WITH OR DISPUTES WITH ANY MEMBERS OR USERS OF MISTERB&B. 

IN ORDER TO MAINTAIN THE INTEGRITY OF THE ONLINE PROMOTIONAL SERVICE OR TO INVESTIGATE COMPLAINTS, YOU AGREE TO ALLOW MISTERB&B TO ACCESS YOUR MISTERB&B ACCOUNT AND ANY OTHER INFORMATION YOU HAVE SUBMITTED OR CREATED FOR AS LONG AS REASONABLY REQUIRED TO INVESTIGATE THE COMPLAINT OR PROTECT THE ONLINE PROMOTIONAL SERVICE. YOU AGREE TO PROMPTLY NOTIFY MISTERB&B OF ANY INCIDENT, CLAIM, OR ALLEGATION THAT MAY IMPACT THE INDEMNIFICATION OBLIGATIONS SET FORTH ABOVE. 

 

17. Dispute Resolution and Binding Arbitration Provision.

 

For the avoidance of doubt, the Dispute Resolution and Binding Arbitration Provision in the Terms and Conditions applies hereunder. 

 

18. Governing Law

 

If you are contracting with SFO84, Inc., d.b.a misterb&b, these Terms are governed by United States federal law and the substantive and procedural laws of the State of California, without regard to its conflicts of law provisions, as though entered into between two residents. If you are contracting with misterb&b Europe, these Terms are governed by the laws of France (without regard to its conflicts of law provisions). 

 

19. General.

 

The failure of misterb&b to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of misterb&b. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

 

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

 

These Terms constitute the entire and exclusive understanding and agreement between misterb&b and you regarding the Online Promotional Service and these Terms supersede and replace any and all prior oral or written understandings or agreements between misterb&b and you regarding the Online Promotional Service. 

 

You may not assign or transfer these Terms, by operation of law or otherwise, without misterb&b’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. misterb&b may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

Any notices or other communications permitted or required hereunder, including those regarding changes to these Terms, will be in writing and given by misterb&b (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

 

20. Additional Clauses for Users Contracting with misterb&b Europe. 

 

The following will apply if you are contracting with misterb&b Europe. 

 

The following shall be added to the clause (4.) “Financial Terms”: 

 

Pursuant to article L. -221-18 and followings of French Consumer Code, the consumers have a period of fourteen (14) days to exercise their right of withdrawal without having to give any reasons or incurring penalties. However, by agreeing to these Terms, the consumers understand that misterb&b Europe will immediately deliver its service provision after and waive their possible right to withdraw. 

 

The following shall be added to the clause (4.2) “Renewal of the Advertising Subscription and associated fees”: 

 

Regarding French consumers, pursuant to the loi pour le développement de la concurrence au service des consommateurs, French consumers contracting an Advertising Subscription will be notified of their right to cancel it, between three (3) to one (1) months before the end of the cancellation period which closes fifteen (15) days before the end of the on-going Advertising Subscription. 

 

The following shall be added to the clause (7.) “Content”: 

 

misterb&b undertakes to remove any clearly illegal contents (including withdrawing any Premium Experience Listings if needed) for which it becomes aware of. You can notify us of the presence of any clearly illegal content related to the Online Promotional Service by contacting us at the contact address above and by indicating the following: 

• The notification date; 

• Your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company; 

• The description of the illegal Content and its precise location on the Site or the App; 

• The reasons for which the Content should be removed, including the reference to legal provisions or evidence of facts; 

• A copy of the correspondence to the author or publisher of the illegal Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted. 

 

In addition, you are informed that we reserve the right to freely remove any Content that may be considered illegal or inappropriate on the Site. 

 

The following paragraphs and sentences from the clause (14.) “Disclaimers” do not apply: 

 

“THE SITE, APP, SERVICES, MATERIALS AND ONLINE PROMOTIONAL SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MISTERB&B DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

 

MISTERB&B MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, APP, SERVICES AND ONLINE PROMOTIONAL SERVICE, AND AVAILABILITY ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.” 

 

“NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MISTERB&B OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.” 

 

The following paragraph from the clause (15.) “Liability” does not apply: 

 

“ADVERTISERS AND USERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THEIR ACCESS TO AND USE OF THE ONLINE PROMOTIONAL SERVICE, PREMIUM EXPERIENCE LISTINGS, EXPERIENCE REVIEWS VIA THE SITE, APP AND SERVICES, AND OUT OF ANY CONTACTS THEY HAVE WITH OTHER USERS OF MISTERB&B WHETHER IN PERSON OR ONLINE, REMAINS WITH THEM. NEITHER MISTERB&B NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE PROMOTIONAL SERVICE WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE OR BUSINESS INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE ONLINE PROMOTIONAL SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH USERS PARTICIPATING IN THE EXPERIENCE YOU ADVERTISE VIA THE ONLINE PROMOTIONAL SERVICE OR OTHER USERS OF THE SITE, APP, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR ACCESS TO OR USE OF THE ONLINE PROMOTIONAL SERVICE OR FROM YOUR ADVERTISING OF ANY EXPERIENCES VIA THE ONLINE PROMOTIONAL SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MISTERB&B HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.”

 

 The arbitration provisions of the clause (17.) “Dispute Resolution and Binding Arbitration Provision” do not apply. 

 

The following shall be added to the clause (17.) “Dispute Resolution and Binding Arbitration Provision”: 

 

For any dispute relating to these Terms, a User shall use free mediation with a consumption mediator before any trial. For this, the User must write a complaint to misterb&b Europe, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will occur at jurisdiction of the home court of the User. Mediator contact information is available on the website http://www.mtv.travel/. 

 

21. Contacting misterb&b.

 

If you have any questions about these Terms or the Online Promotional Service, please contact misterb&b at https://misterbandb.zendesk.com/hc/en-us.