terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Juice Studios, LLC OFFERS YOU ACCESS TO OUR SITE AND SERVICES.

Welcome to the Web site operated by Juice Studios, LLC (hereafter referred to by "AB&B,” “we,” “us,” or “our”), a California limited liability company. AB&B maintains www.airbedandbreakfast.com (hereafter "Site"), as a service to our users and visitors (our Site and such services, collectively, our "Services"). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services.

Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to make changes to these terms at any time. Your continued use of our Services, and any transaction which may result therefrom constitutes your acceptance of such changes.  Accordingly, you should review these terms from time to time for any changes.

1. USER RESPONSIBILITIES

1.1 Our Site is an online venue through which users find and learn about each other. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange stays with one another.  Compensation for the stays may be involved, but AB&B is a stranger to any such transaction.  We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.

1.2 Identity Verification. Because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. You are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site.  
1.3 Your Experience with Other Users.  You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.  
1.4  Release.  By using the Site or Services, you agree that any legal remedy or liability which you seek to obtain for actions of other users will be limited to an action against the particular user or user who caused you harm.  You agree not to attempt to impose liability on, or seek any legal remedy from AB&B.  You release AB&B from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your communication or interaction on the Site, or arising out of or in any way connected with communication or interaction resulting from or subsequent to communication or interaction on the Site.  Further, you waive California Civil Code section 1542, which provides:  “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  As set forth in Paragraph 20, interpretation of this agreement is governed by the laws of the State of California, United States of America.

2. USER CONDUCT. In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:

(a) violate any law or regulation;

(b) infringe the rights of any person or entity, including without limitation, intellectual property, privacy, publicity or contractual rights;

(c) use information obtained through our Services for any unethical, discriminatory, or immoral purpose;

(d) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(f) use our Services in connection with the distribution of unsolicited commercial email ("Spam") or advertisements unrelated to lodging in a private residence;

(g) "stalk" or harass any other user of our Services;

(h) collect or store any information about any other user other than for purposes of the permitted use of our Services;

(i) assist any third party in doing any of the foregoing;

(j) register for more than one user account or register for a user account on behalf of an individual other than yourself;

(k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(l) use the Site or our Services in any manner that could damage, disable, overburden or impair the Site; or
(m) use automated scripts to collect information or otherwise interact with the Service or the Site
The foregoing is merely a list of examples of prohibited conduct.  AB&B reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.1  Disputes with Other Users.  14.5  You are solely responsible for your interactions with other AB&B users.  We reserve the right, but have no obligation, to monitor disputes between you and other users.
3. MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.  

4. PRIVACY. The Privacy Policy of AB&B is available on the Site and is hereby incorporated by reference.  You agree to abide by all terms set forth in the Privacy Policy.

5. YOUR CONTENT

5.1 You Grant Us a License. By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:

(a) is subject to copyright, trademark, or other intellectual property protection;
(b) is defamatory;

(c) contains nudity or sexually explicit content, or is otherwise obscene;

(d) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;

(e) depicts individuals under 18 years of age;

(f) depicts use of illicit drugs;

(g) makes use of offensive language or images;

(h) characterizes violence as acceptable, glamorous or desirable; or

(i) provides a link to any commercial websites.  

5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

6. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.

7. PROPRIETARY RIGHTS

7.1 Our Intellectual Property. Material on our Site is protected by rights of publicity, copyright, trademarks, service marks, trade secrets or other proprietary rights and laws, as are applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.  “Air Bed & Breakfast,” www.airbedandbreakfast.com,” and “dashboard” are trademarks of AB&B protected by federal and state law (together “Trademarks”).  The Trademarks may not be used in any manner which is likely to cause confusion regarding goods or services, and may not be copied, imitated or used without the prior written permission of AB&B.  

7.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks in any manner, including as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at help@airbedandbreakfast.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.

8. USERNAME AND PASSWORD. You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.

9. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.

10. MODIFICATION OF TERMS AND CONDITIONS OR SERVICES.  These terms and conditions may be modified at any time.  By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes.  We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

11. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.  

12. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

13. DISCLAIMER OF WARRANTIES

13.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13.2. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

13.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.

13.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. LIMITS ON LIABILITY

14.1. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

14.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

14.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).

15. INDEMNITY. You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

16. REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us at help@airbedandbreakfast.com; provided that your report shall not obligate us to take any action or cause us to incur any liability.

17.  JURISDICTION AND VENUE.  These Terms shall be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law principles.  You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California.  Any action brought against AB&B shall be venued in San Francisco Superior Court, San Francisco, California or the United States District Court, Northern District of California located in San Francisco, California.  
18. ATTORNEY’S FEES.  The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.

19. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties.  Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our agreement with you. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.4 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Jurisdiction and Venue), 18 (Attorney’s Fees), and this Section 29 (Miscellaneous) shall survive any termination or expiration of these Terms.

Please contact us with any questions regarding these Terms. 
 
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.