Terms of use 2018-09-27T16:15:30+00:00
Terms of Service

Last modified: Semptember 27, 2018

 

Contractual Relationship

By clicking the “Yes, I Agree” you are agreeing to the following terms and conditions, which form a contract between you and TAKE A BED LLC (“takeabed”) covering your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services made available in the United States and its territories and possessions by takeabed6 and its parents, subsidiaries, representatives, affiliates, officers and directors.

The term “takeabed agent” means each person or company that has registered with takeabed as a takeabed agent and for that purpose uses the agent App, web Sites, Sub Sites and Platform to offer, sell or share travel services.

The term “takeabed traveler” or “traveler” refers to the customer using the takeabed traveler App. and/or booking a reservation through the App. or through a takeabed agent.

The term “Apps” refers to the takeabed agent mobile application and to the takeabed traveler mobile application.

The term “You” refers to both the takeabed agent and the takeabed traveler.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. takeabed may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TAKEABED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on takeabed.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. takeabed may amend the Terms from time to time. Amendments will be effective upon takeabed posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If takeabed changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing takeabed written notice of such rejection within 30 days of the date such change became effective and must be sent by email from the email address associated with your Account to: support@takeabed.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

takeabed collection and use of personal information in connection with the Services is described in takeabed’s Privacy Statements located at https://www.takeabed.com/privacy.html

Disputes / Arbitration Agreement

takeabed is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the App., any dealings with our customer service AGENTs, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting takeabed Customer Support at support@takeabed.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration.

Any and all Claims will be resolved by binding arbitration, rather than in court of law. This includes any Claims you assert against us, our subsidiaries and takeabed agents.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “takeabed Legal: Arbitration Claim Manager,” at TAKE A BED LLC, 1915 Hollywood Blvd, Suite 202, Hollywood FL 33020. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

PREPAID HOTEL RESERVATIONS

You acknowledge that the takeabed pre-negotiates certain room rates with hotel suppliers or other third party suppliers to facilitate the booking of reservations. You also acknowledge that takeabed provides you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Apps is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the takeabed and the facilitation fee retained by takeabed for their services. You authorize takeabed to book reservations for the total reservation price, which includes the room rate displayed on the Apps, plus tax recovery charges, service fees, and where applicable, taxes on the takeabed services. You agree that your credit card will be charged by the takeabed or other suppliers for the total reservation price. Upon submitting your reservation request you authorize takeabed to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, takeabed do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that takeabed pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice takeabed for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. takeabed does not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by takeabed to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by takeabed for its services vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by TAKEABED for your hotel booking.

TAKEABED UNPUBLISHED RATE RESERVATIONS

When available, takeabed may offer additional, discounted hotel booking options on the traveler app. These hotels, called takeabed secret deals are different from other hotels offered on the App in several important ways. The rate of the rooms are not disclosed and the name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of takeabed SECRET DEALS rooms that can be booked at one time is one. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted. For information about tax recovery charges, service fees, and taxes on our services, where applicable, please see “Prepaid Hotel Reservations.”

TAKEABED PRO SUBSCRIPTION (closed user group)

takeabed offers a subscription model called “PRO” that make our agents part of a closed user group allowing them to access to special wholesale hotel rates and the possibility of adjusting their commission on selected hotels.

If you want to be part of the PRO subscription you agree to pay a monthly subscription fee of $25 dollars or an annual subscription fee of $180 dollars. These amounts will be charged to the credit card or debit card you introduce in the app.

You can cancel at any time to avoid takeabed charging you again, but you also agree to not have a refund when the credit card was already charged.

takeabed may offer a free trial and in those cases, you agree and allow takeabed to capture you credit/debit card -for the same amount or less of what the subscription costs- to verify the card you are using is valid.

BANK AND CREDIT CARD FEES

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since takeabed may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. takeabed has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.

Passport and Visa: Make sure that you have at least six months on your passport after your return date to the U.S. For visa information, consult the State Department at the web page listed above or the relevant embassy or consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, TAKEABED DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

 

Prohibited Activities

The content and information on the website and the Apps (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel vouchers (and related documents) for travel or service reservations booked through the Apps, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the website or Apps. Additionally, you agree not to:

  • Copy, Share, Distribute hotel information from inside the App including the name of the hotel, check-in/check-out dates and rates, all together;
  • Use the website or Apps for any commercial purpose that is not related to the services as set forth in this Terms;
  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by takeabed;
  • access, monitor or copy any content or information of the Apps or Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on the Apps or Website or bypass or circumvent other measures employed to prevent or limit access to the Apps or Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
  • link to, mirror or frame any portion of the Services;

If your booking or account shows signs of fraud, abuse or suspicious activity, takeabed may cancel any travel or service reservations associated with your name, email address or account, and close any associated takeabed accounts. If you have conducted any fraudulent activity, takeabed reserves the right to take any necessary legal action and you may be liable for monetary losses to takeabed, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact takeabed Customer Service.

The Services

The Services comprise mobile applications and related services (each, an “Application”), which enable users to book travel services and/or delivery customer services and/or to purchase certain goods on-demand, including with third party providers of such services and goods under agreement with takeabed or certain of takeabed affiliates (“Third Party Providers”). Unless otherwise agreed by takeabed in a separate written agreement with you, the Services are made available solely for your personal and commercial use in case you are an takeabed agent.

License.

Subject to your compliance with these Terms, takeabed grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and commercial use in case you are a AGENT . Any rights not expressly granted herein are reserved by takeabed and takeabed’s licensors.

Provision of the Services.

You acknowledge that portions of the Services may be made available under takeabed’s various brands or request options associated with travel services, including the travel request brands currently referred to as ” takeabed agent” and “takeabed agent PRO” or “takeabed traveler”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of takeabed’s subsidiaries and affiliates; or (ii) independent Third Party Providers.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that takeabed does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. takeabed does not endorse such third party services and content and in no event shall takeabed be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain takeabed’s property or the property of takeabed’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner takeabed’s company names, logos, product and service names, trademarks or services marks or those of takeabed’s licensors.

ACCESS AND USE OF THE SERVICES

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to takeabed certain personal information through one of the three social networks we work with (Facebook, LinkedIn and Google). Later you will need to provide more information such as bank information in order to receive payments, personal information and w9 form information, to enable takeabed pay your commissions. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by takeabed in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive travel services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that takeabed may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an takeabed account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from takeabed at any time sending an email to support@takeabed.com. If you do not choose to opt out, takeabed may contact you as outlined in its User Privacy Statement, located at www.takeabed.com/privacy.html.

 

Referrals and Discount Coupons

takeabed may, in its sole discretion, create referral and/or discount coupons (“Discount Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that takeabed establishes. You agree that Discount Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by takeabed; (iii) may be disabled by takeabed at any time for any reason without liability to takeabed; (iv) may only be used pursuant to the specific terms that takeabed establishes for such Discount Code; (v) are not valid for cash; and (vi) may expire prior to your use. takeabed reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Discount Codes by you or any other user in the event that takeabed determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of takeabed’s Terms.

User Provided Content.

takeabed may, in takeabed’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to takeabed through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to takeabed, you grant takeabed a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and takeabed’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant takeabed the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor takeabed’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by takeabed in its sole discretion, whether or not such material may be protected by law. takeabed may, but shall not be obligated to, review, monitor, or remove User Content, at TAKEABED’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. takeabed does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website and the Apps may include inaccuracies or errors, including pricing errors. In addition, takeabed, expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on the Apps are intended as only general guidelines, and takeabed do not guarantee the accuracy of the ratings.

takeabed and their respective suppliers make no representations about the suitability of the information, software, products and services contained on the Apps for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by TAKEABED. All such information, software products, and services are provided “as is” without warranty of any kind. takeabed and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from takeabed and/or their respective suppliers are free of viruses or other harmful components. takeabed and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The hotels, the takeabed agent-s and other suppliers providing travel or other services on these Apps are independent contractors and not employees of takeabed. takeabed is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. takeabed have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of takeabed, and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify the takeabed and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms of Use or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of these Apps

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website (“Software”) or through our Apps is the copyrighted work of takeabed and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by takeabed and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to in the Apps by posting any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant takeabed a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that takeabed may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier s. You further grant takeabed the right to pursue at law any person or entity that violates your or takeabed rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us or any of our s or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Apps). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that takeabed may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this website and mobile applications are ©2017 TAKE A BED LLC All rights reserved. takeabed logo is a registered trademark of takeabed in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. takeabed is not responsible for content on the Apps operated by parties other than takeabed.

If you are aware of an infringement of our brand, please let us know by emailing us at support@takeabed.com we only address messages concerning brand infringement at this email address.

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, takeabed has adopted a policy of terminating, in appropriate circumstances and at takeabed’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. takeabed may also at its sole discretion limit access to the Apps or Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

PATENT NOTICES

One or more patents owned by takeabed may apply to the Apps and website and to the features and services accessible via the Apps/Website. Portions of the Apps operate under license of one or more patents. Other patents pending

REGISTRATIONS

Seller of Travel: TAKE A BED LLC is a registered seller of travel in each of the states listed below:

Florida registration number: ST-41168

Iowa registration number: 1457

Washington registration number: 604237311

© 2017 TAKE A BED LLC Terms & Conditions

takeabed
Get the app