Introduction

BookDVC, Inc. (“BookDVC” or “We”) provides to you www.BookDVC.com (the “BookDVC Site” or “Site”), an online rental marketplace connecting Disney Vacation Club renters with Disney Vacation Club owners.  Please feel free to browse and otherwise use the BookDVC Site. By accessing and using the BookDVC Site, you accept and agree to the following terms of use (the “Terms of Use”) without limitation or qualification. If you do not agree with these Terms of Use, please do not use the BookDVC Site.

Right to Use Site Content

We are granting all individuals over the age of 13 a limited, nonexclusive, and revocable license to view any non-subscriber Content, as defined below, from the BookDVC Site for your own personal use. Individuals under the age of 13 are not permitted to use the Site.  Users are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, or sell any Content on the BookDVC Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the BookDVC Site in any way that could or is intended to damage or impair the BookDVC Site, or any server or network underlying the BookDVC Site, or interfere with anyone else’s use and enjoyment of the Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray BookDVC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by BookDVC or the BookDVC Site. You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.   Except for the limited rights expressly granted herein, all right, title and interest in and to the BookDVC Site and all Content contained therein are reserved and owned by BookDVC. BOOKDVC RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the BookDVC Site and Terms of Service

BookDVC reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, at any time without notice to you. BookDVC may at any time revise these Terms of Use by updating this posting. You are immediately bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.

Intellectual Property Rights

The BookDVC Site Content is protected by applicable intellectual property laws and all Content is owned by BookDVC or used by BookDVC under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the BookDVC Site), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, logos, and other materials and information on this Site are subject to the intellectual property rights of BookDVC, its affiliates, and their respective licensors and licensees (collectively “Content”). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by You. Nothing contained on the BookDVC Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any BookDVC trademark, intellectual property right or copyrighted material without BookDVC’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the BookDVC Site are Trademarks of BookDVC. Nothing contained on the BookDVC Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the BookDVC Site without the written permission of BookDVC, or such third party that may own the Trademark. BookDVC U.S. Trademarks Any unauthorized commercial use of these materials shall violate BookDVC’s intellectual property rights and will be subject to BookDVC’ full legal rights and remedies.   Copyright Complaints In operating the Site, BookDVC may act as a “services provider” (as defined by the Digital Millennium Copyright Act (“DMCA”)) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that BookDVC does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. BookDVC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of BookDVC or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Site infringes a copyright, you should notify BookDVC using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Section 512(c)(2)). BookDVC will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: contact@BookDVC.com Please provide the following notice:

• 1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
• 2. Describe the material on the Site that you claim is infringing, with enough detail so that BookDVC may locate it on the Site;
• 3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• 5. Your address, telephone number, and email address; and
• 6. Your physical or electronic signature

  BookDVC may give notice to its users of any alleged infringement by means of a general notice on its website, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• 1. Your physical or electronic signature;
• 2. 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;
• 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

  Notwithstanding the preceding, BookDVC may, in its sole discretion, choose to remove any allegedly infringing content prior to or despite the receipt of a user’s counter-notification, as provided for above.

Interactive Forums, Blogs, Groups, and Feedback

User Submissions and Conduct Users of the Site you may be permitted to submit information, which may consist of textual content, photos, videos, images audio files, other types of content and links to such content (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work, is accurate, and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize BookDVC to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant BookDVC all of the license rights granted herein. And lastly, you represent and warrant that you will not post any User Submission that may be considered pornographic, obscene, vulgar, or offensive to other users. You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and BookDVC regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials Ownership And Use of User Submissions By making a User Submission, you understand that you are granting BookDVC a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to BookDVC includes the right of BookDVC and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works (including advertisements), and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of BookDVC throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits BookDVC and its designees to use only certain portions of your User Submission, re-record or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by BookDVC or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval. By making a User Submission, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint BookDVC as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that BookDVC can use the User Submission that you are licensing in any way BookDVC sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum. Upon request of BookDVC, you shall execute and deliver such additional instrument of license, as may be solely deemed by BookDVC, reasonably necessary to establish BookDVC’s ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms of Use. Should BookDVC fail to request the said license instrument as stated, that shall not be deemed a waiver of BookDVC’s rights and BookDVC may at a later time request the instrument. Submissions or Feedback From time to time, we may ask for feedback on the BookDVC Site and products and/or services provided by us or independent contractors, either in the Site or via email. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by BookDVC, (b) become the property of BookDVC and BookDVC shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by BookDVC licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to: reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And BookDVC shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, BookDVC maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to BookDVC in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of BookDVC and BookDVC shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, BookDVC shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. BookDVC shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future BookDVC products and services.

Third-Party Content and Links to Other Websites

The BookDVC Site may contain third party content, including User Submissions, and links to third-party web sites, services, and products that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by BookDVC. Moreover, BookDVC is not responsible for the accuracy, completeness, fitness or reliability of any third-party information, or the products or services offered or sold through any linked webs site or through any third-party provider on this Site. You assume sole responsibility for the use of third-party products and information. Any agreements, transactions, reliance, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the BookDVC Site. Any personal information you submit on the resulting site will not be collected or controlled by BookDVC but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Privacy Policy

BookDVC recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on our web sites. The BookDVC Privacy Policy provides an overview of what you can expect when you purchase an offered product or service, or simply browse the BookDVC Site.

Indemnification

You agree to indemnify, defend and hold BookDVC and its members, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms of Use or your use of the Site. You will indemnify and hold BookDVC harmless from and against any claim, suit or proceeding brought against BookDVC arising from any inaccuracy contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold BookDVC harmless from and against any and all claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of a User Submission.

Disclaimer of Warranties

BookDVC will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and BookDVC does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site. BookDVC strongly recommends that every user exercise independent due diligence and adhere to common sense and safe practices. THE BOOKDVC SITE AND ALL CONTENT AND PRODUCTS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM BOOKDVC THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, BOOKDVC DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE BOOKDVC SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY TANGIBLE OR INTANGIBLE CONTENT DOWNLOADED; RENTED; PURCHASED OR OTHERWISE OBTAINED THROUGH USE OF THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY OR DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL BOOKDVC OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PHYSICAL HARM, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE BOOKDVC SITE OR ITS CONTENT, EVEN IF BOOKDVC OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL BOOKDVC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY BOOKDVC SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in an applicable federal or local court situated within the borders of the State of Delaware. You hereby consent and submit to the complete jurisdiction of such courts for the purposes of any action related to the BookDVC Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process. Content and tangible products sold or made available by the BookDVC Site may be subject to various national import and export jurisdictions of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions. These Terms of Use may not be assigned by you. BookDVC may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and BookDVC pertaining to any and all subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. BookDVC’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of any provision, including the provision at issue, nor of its right to enforce such provisions. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic signature, continued use of the Site or other means of demonstrating consent) and your acceptance will be deemed binding between you and BookDVC. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service and Contact Information

For any information regarding these Terms of Use, the Privacy Policy, or any other facet of the BookDVC Site, please email us at: contact@bookdvc.com

BookDVC is Not Affiliated with the Walt Disney Company or any Subsidiaries Thereof

Neither BookDVC, nor the BookDVC Site is owned by or affiliated with the Walt Disney Company, or any subsidiaries thereof including, but not limited to, Disney Vacation Club, Disneyland, or The Walt Disney World Resort (collectively “Disney”). Disney does not endorse any product on the BookDVC Site. Any mentions or images displayed on the BookDVC Site comprising any content or trademark owned by Disney is being used for descriptive and informational purposes only and, in the opinion of BookDVC, represents a minimal fair use.