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this agreement replaces all prior or contemporaneous understandings or agreements , written or oral , regarding the subject matter hereof . | 0 |
the failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder . | 0 |
9gag , inc shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 9gag , inc 's reasonable control , including , without limitation , mechanical , electronic or communications failure or degradation . | 1 |
if any provision of this agreement is found to be unenforceable or invalid , that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable . | 0 |
this agreement is not assignable , transferable or sublicensable by subscriber except with 9gag , inc 's prior written consent . | 0 |
9gag , inc may assign this agreement in whole or in part at any time without subscriber 's consent . | 0 |
this agreement shall be governed by and construed in accordance with the laws of the state of delaware without regard to the conflict of laws provisions thereof . | 1 |
no agency , partnership , joint venture , or employment is created as a result of this agreement and subscriber does not have any authority of any kind to bind 9gag , inc in any respect whatsoever . | 0 |
notice and procedure for making claims of copyright or other intellectual property infringements | 0 |
9gag respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously , and we ask our users to do the same . | 0 |
infringing activity will not be tolerated on or through the services . | 0 |
9gag 's intellectual property policy is to -lrb- a -rrb- remove material that 9gag believes in good faith , upon notice from an intellectual property owner or their agent , is infringing the intellectual property of a third party by being made available through the services , and -lrb- b -rrb- remove any subscriber content posted to the services by `` repeat infringers . '' | 1 |
9gag considers a `` repeat infringer '' to be any user that has uploaded subscriber content to the services and for whom 9gag has received more than two takedown notices compliant with the provisions of 17 u.s.c. § 512 -lrb- c -rrb- with respect to such subscriber content . | 0 |
9gag has discretion , however , to terminate the account of any user after receipt of a single notification of claimed infringement or upon 9gag 's own determination . | 1 |
if you believe that any content made available on or through the services has been used or exploited in a manner that infringes an intellectual property right you own or control , then please promptly send a `` notification of claimed infringement '' containing the following information to the designated agent identified below . | 0 |
your communication must include substantially the following : | 0 |
- a physical or electronic signature of a person authorized to act on behalf of the owner of the work -lrb- s -rrb- that has/have been allegedly infringed ; | 0 |
- identification of works or materials being infringed , or , if multiple works are covered by a single notification , a representative list of such works ; | 0 |
- identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled , and information reasonably sufficient to permit 9gag to locate the material ; | 0 |
- information reasonably sufficient to permit 9gag to contact you , such as an address , telephone number , and , if available , an electronic mail address at which you may be contacted ; | 0 |
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner , its agent , or the law ; and | 0 |
- a statement that the information in the notification is accurate , and under penalty of perjury , that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed . | 0 |
you should consult with your own lawyer and/or see 17 u.s.c. § 512 to confirm your obligations to provide a valid notice of claimed infringement . | 0 |
9gag 's designated agent for notices of claimed infringement can be contacted at : | 0 |
16/f , king palace plaza , | 0 |
if you receive a notification from 9gag that material made available by you on or through the services has been the subject of a notification of claimed infringement , then you will have the right to provide 9gag with what is called a `` counter notification . '' | 0 |
to be effective , a counter notification must be in writing , provided to 9gag 's designated agent through one of the methods identified immediately above , and include substantially the following information : | 0 |
- a physical or electronic signature of the subscriber ; | 0 |
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled ; | 0 |
- a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled ; and | 0 |
- the subscriber 's name , address , and telephone number , and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located , or if the subscriber 's address is outside of the united states , for any judicial district in which 9gag may be found , and that the subscriber will accept service of process from the person who provided a notification of claimed infringement as set forth above or an agent of such person . | 0 |
a party submitting a counter notification should consult a lawyer or see 17 u.s.c. § 512 to confirm the party 's obligations to provide a valid counter notification under the copyright act . | 0 |
9gag actions following receipt of counter notification | 0 |
upon receipt of a counter notification , 9gag shall promptly provide the party submitting a notification of claimed infringement with a copy of the counter notification , and 9gag will replace the removed material or cease disabling access to it in not less than 10 , nor more than fourteen -lrb- 14 -rrb- , business days following receipt of the counter notice , unless 9gag 's designated agent first receives notice from the person who submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on 9gag 's system or network . | 0 |
false notifications of claimed infringement or counter notifications | 0 |
the copyright act provides that : | 0 |
the copyright act provides that : | 0 |
17 u.s.c. § 512 -lrb- f -rrb- . | 0 |
9gag reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law . | 0 |
for the avoidance of doubt , only notices submitted under the digital millennium copyright act and the procedures set forth in this agreement should be sent to the designated agent at [email protected] or to the postal address identified above . | 0 |
any other comments , compliments , complaints or suggestions about 9gag , the operation of the services or any other matter should be sent to [email protected] . | 0 |
these terms and conditions , as may be amended from time to time , apply to all our services directly or indirectly -lrb- through distributors -rrb- made available online , through any mobile device , by email or by telephone . | 1 |
by accessing , browsing and using our -lrb- mobile -rrb- website or any of our applications through whatever platform -lrb- hereafter collectively referred to as the `` website '' -rrb- and/or by completing a reservation , you acknowledge and agree to have read , understood and agreed to the terms and conditions set out below -lrb- including the privacy statement -rrb- . | 1 |
these pages , the content and infrastructure of these pages , and the online reservation service provided on these pages and through the website are owned , operated and provided by booking.com b.v. and are provided for your personal , non-commercial use only , subject to the terms and conditions set out below . | 0 |
`` booking.com '' , `` us '' , `` we '' or `` our '' means booking.com b.v. , a limited liability company incorporated under the laws of the netherlands , and having its registered address at herengracht 597 , 1017 ce , amsterdam , the netherlands . | 0 |
`` platform '' means the -lrb- mobile -rrb- website and app on which the service is made available owned , controlled , managed , maintained and/or hosted by booking.com . | 0 |
`` service '' means the online reservation service -lrb- including the facilitation of payments -rrb- of various products and services as from time to time made available by suppliers on the platform . | 0 |
`` supplier '' means the provider of accommodation -lrb- e.g. hotel , motel , apartment , bed & breakfast -rrb- , -lrb- theme -rrb- parks , attractions , museums , sightseeing tours , cruises , rail and coach tours , transfers , tour operators , insurances , and any other travel or related product or service as from time to time available for reservation on the platform . | 0 |
through the platform , we -lrb- booking.com b.v. and its affiliate -lrb- distribution -rrb- partners -rrb- provide an online platform through which suppliers can advertise their products and service for reservation , and through which visitors of the platform can make such reservations -lrb- i.e. the reservation service -rrb- . | 0 |
by making a reservation through booking.com , you enter into a direct -lrb- legally binding -rrb- contractual relationship with the supplier with which you make a reservation or purchase a product or service -lrb- as applicable -rrb- . | 0 |
from the point at which you make your reservation , we act solely as an intermediary between you and the supplier , transmitting the details of your reservation to the relevant supplier -lrb- s -rrb- and sending you a confirmation email for and on behalf of the supplier . | 0 |
when rendering our service , the information that we disclose is based on the information provided to us by suppliers . | 0 |
as such , the suppliers are given access to an extranet through which they are fully responsible for updating all rates , availability and other information which is displayed on our platform . | 0 |
although we will use reasonable skill and care in performing our service , we will not verify if , and can not guarantee that , all information is accurate , complete or correct , nor can we be held responsible for any errors -lrb- including manifest and typographical errors -rrb- , any interruptions -lrb- whether due to any -lrb- temporary and/or partial -rrb- breakdown , repair , upgrade or maintenance of our platform or otherwise -rrb- , inaccurate , misleading or untrue information or non-delivery of information . | 0 |
each supplier remains responsible at all times for the accuracy , completeness and correctness of the -lrb- descriptive -rrb- information -lrb- including the rates and availability -rrb- displayed on our platform . | 0 |
our platform does not constitute and should not be regarded as a recommendation or endorsement of the quality , service level , qualification or -lrb- star -rrb- rating of any supplier -lrb- or its facilities , venue , products or services -rrb- made available . | 0 |
our service is made available for personal and non-commercial use only . | 0 |
therefore , you are not allowed to re-sell , deep-link , use , copy , monitor -lrb- e.g. spider , scrape -rrb- , display , download or reproduce any content or information , software , reservations , tickets , products or services available on our platform for any commercial or competitive activity or purpose . | 0 |
prices , crossed-out rates and best price guarantee | 0 |
the prices on our platform are highly competitive . | 0 |
all room prices are per room for your entire stay and all prices are displayed including vat/sales tax and all other taxes -lrb- subject to change of such taxes -rrb- , unless stated differently on our platform or the confirmation email/ticket . | 0 |
ticket prices are per person or group and subject to validity as indicated on the ticket , if applicable . | 0 |
applicable fees and taxes -lrb- including tourist/city tax -rrb- may be charged by the supplier in the event of a no-show or cancellation fee . | 0 |
applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee . | 0 |
sometimes cheaper rates are available on our platform for a specific stay , product or service , however , these rates made available by suppliers may carry special restrictions and conditions , for example non-cancelable and non-refundable . | 0 |
please check the relevant product , service and reservation conditions and details thoroughly for any such conditions prior to making your reservation . | 0 |
the crossed-out rate shown for rooms is based on the third highest current price of the supplier for your product or service with the same booking conditions in a 30-day window around your check-in date -lrb- 15 days before and 15 days after check-in date ; if less than 15 days are between today and the check-in date , we will use the corresponding number of days after the check-in date to result in a 30-day total -rrb- . | 0 |
to ensure we are making a fair comparison , we always use the same reservation conditions -lrb- e.g. meal plan , cancellation policy and room type -rrb- . | 0 |
this means that you get the same room for a lower price compared to other check-in dates at the same time of year . | 0 |
we want you to pay the lowest price possible for your product and service of choice . | 0 |
should you find your product or service of choice booked through the platform , with the same reservation conditions , at a lower rate on the internet after you have made a reservation through us , we will match the difference between our rate and the lower rate under the terms and conditions of the best price guarantee . | 0 |
the currency converter is for information purposes only and should not be relied upon as accurate and real time ; actual rates may vary . | 0 |
obvious errors and mistakes -lrb- including misprints -rrb- are not binding . | 0 |
all special offers and promotions are marked as such . | 0 |
please have a look at our privacy and cookies policy for further information . | 0 |
our service is free of charge because , unlike many other parties , we will not charge you for our service or add any additional -lrb- reservation -rrb- fees to the rate . | 0 |
suppliers pay a commission -lrb- being a small percentage of the product price -lrb- e.g. room price -rrb- -rrb- to booking.com after the end user has consumated the service or product of the supplier or after the guest has stayed at -lrb- and paid -rrb- the accommodation . | 0 |
if applicable and available , certain suppliers offer the opportunity for reservations to be paid -lrb- wholly or partly and as required under the payment policy of the accommodation -rrb- to the supplier during the reservation process by means of secure online payment -lrb- all to the extent offered and supported by your bank -rrb- . | 0 |
for certain products and services , booking.com facilitates -lrb- through third party payment processors -rrb- the payment of the relevant product or service -lrb- i.e. the payment facilitation service -rrb- at the election of the supplier -lrb- booking.com never acts nor operates as the merchant of record -rrb- . | 0 |
payment is safely processed from your credit/debit card or bank account to the bank account of the supplier through a third-party payment processor . | 0 |
any payment facilitated to the supplier in this manner will , in each case , constitute a payment of -lrb- part of -rrb- the booking price by you of the relevant product or service in the final settlement -lrb- bevrijdende betaling -rrb- of such -lrb- partial -rrb- due and payable price and you can not reclaim such paid monies . | 0 |
when a reservation is paid by credit or debit card , it will be processed by enett international usa , llc -lrb- for credit or debit cards issued in the united states excluding american express -rrb- or enett international -lrb- uk -rrb- limited -lrb- trading as `` hotel booking services '' -rrb- -lrb- for all other cards and all american express cards -rrb- , which act as an independent third party and the merchant of record . | 0 |
enett international usa , llc -lrb- for credit or debit cards issued in the united states excluding american express -rrb- or enett international -lrb- uk -rrb- limited -lrb- for all other cards and all american express cards -rrb- is appointed by , and has contractual relationship with , the supplier to process your reservation payment as the supplier 's agent . | 0 |
enett international usa , llc -lrb- for credit or debit cards issued in the united states excluding american express -rrb- or enett international -lrb- uk -rrb- limited -lrb- for all other cards and all american express cards -rrb- will be identified as the merchant of record . | 0 |
upon receipt of payment by enett international usa , llc -lrb- for credit or debit cards issued in the united states excluding american express -rrb- or enett international -lrb- uk -rrb- limited -lrb- for all other cards and all american express cards -rrb- , your obligation to the accommodation provider is extinguished . | 0 |
although enett international usa , llc -lrb- for credit or debit cards issued in the united states excluding american express -rrb- or enett international -lrb- uk -rrb- limited -lrb- for all other cards and all american express cards -rrb- take ultimate responsibility for the credit card or debit card payment , booking.com will take care of customer support in case of questions related to a reservation paid by credit card or debit card . | 0 |
if you are paying a reservation by credit card or debit card processed by enett international -lrb- uk -rrb- limited , the transaction shall be governed by the laws of england and wales , to the extent permitted by applicable laws . | 1 |
for certain -lrb- i.e. non-refundable -rrb- rates or special offers , please note that suppliers may require that payment is made upfront by wire transfer -lrb- if available -rrb- or by credit card or debit card , and therefore your credit card may be pre-authorised or charged -lrb- sometimes without any option for refund -rrb- upon making the reservation . | 0 |
please check the -lrb- reservation -rrb- details of your product or service of choice thoroughly for any such conditions prior to making your reservation . | 0 |
you will not hold booking.com or ems liable or responsible for any -lrb- authorized , -lrb- allegedly -rrb- unauthorized or wrong -rrb- charge by the supplier and not -lrb- re -rrb- claim any amount for any valid or authorized charge by the supplier -lrb- including for pre-paid rates , no-show and chargeable cancellation -rrb- of your credit card or debit card . | 0 |
in the event of fraud or unauthorised use of your credit card by third parties , most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse , which may sometimes be subject to a deductible -lrb- usually set at eur 50 -lrb- or the equivalent in your local currency -rrb- -rrb- . | 0 |
in the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our platform , we will pay you this deductible , up to an aggregate amount of eur 50 -lrb- or the equivalent in your local currency -rrb- . | 0 |
in order to indemnify you , please make sure that you report this fraud to your credit card provider -lrb- in accordance with its reporting rules and procedures -rrb- and contact us immediately by email -lrb- [email protected] -rrb- . | 0 |
please state ` credit card fraud ' in the subject line of your email and provide us with evidence of the charged deductible -lrb- e.g. policy of the credit card company -rrb- . | 0 |
this indemnification only applies to credit card reservations made using booking.com 's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server . | 0 |
pre-payment , cancellation , no-show and fine print | 0 |
by making a reservation with a supplier , you accept and agree to the relevant cancellation and no-show policy of that supplier , and to any additional -lrb- delivery -rrb- terms and conditions of the supplier that may apply to your visit or stay -lrb- including the fine print of the supplier made available on our platform and the relevant house rules of the supplier -rrb- , including for services rendered and/or products offered by the accommodation provider -lrb- the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider -rrb- . | 0 |
the general cancellation and no-show policy of each supplier is made available on our platform on the supplier information pages , during the reservation procedure and in the confirmation email or ticket -lrb- if applicable -rrb- . | 0 |
please note that certain rates or special offers are not eligible for cancellation or change . | 0 |
applicable city/tourist tax may still be charged by the supplier in the event of a no-show or charged cancellation . | 0 |
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