In addition to being generally applicable to all aspects of the Digital Services provided by Boogie Time LV.
You may not be able to finalize reservations on our Digital Services for Boogie Time LV services. The App will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit us in person. You agree that you will make all reservations in good faith only for your dog(s), and that you will not resell, advertise, assign, or otherwise market your reservation to third parties.
While we make our best effort to provide you with up-to-date data regarding space at Boogie Time LV (or other services), availability is subject to change at any time. We make no representations or warranties regarding availability of any services. In the event of a technical or clerical error in the published rate or availability of any service, we reserve the right to cancel your reservations and provide a refund for your purchase (including after your purchase is confirmed) and you agree that such refund will be our sole liability and your sole remedy.
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOOGIE TIME LV, ITS AFFILIATES, ITS RELATED ENTITIES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BOOGIE TIME LV PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BOOGIE TIME LV PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE BOOGIE TIME LV PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY BOOGIE TIME LV PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BOOGIE TIME LV PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Boogie Time LV. By submitting Feedback to Boogie Time LV, you assign to Boogie Time LV, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.
Any content, whether uploaded, posted, submitted, or otherwise made available on our Digital Services or to Boogie Time LV, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Boogie Time LV (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Boogie Time LV Party be liable in any way for any User Content made available through any of our Digital Services. We may not moderate all comments or other User Content, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use any of our Digital Services to transmit or make available any content that:
You further agree not to use our Digital Services to:
If any User Content is your original work, then you own the copyright in that work. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Digital Service or social media, you are granting Boogie Time LV, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation Digital Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Boogie Time LV, with all rights reserved, or in some cases may be licensed to Boogie Time LV by third parties. This content is protected by the intellectual property rights of Boogie Time LV or those owners. All trademarks displayed on the Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.
In the event that you find content posted on one of our Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Boogie Time LV to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
If you access our Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. Neither we nor the Franchisees will be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that: