BookingMarkets Developer Community

Introduction

Below this introduction is quite a bit of important legal language. Please read it.
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Thank you for participating in the BookingMarkets Developer Community. Human interaction is very important to us. As such, before you read all of the important legal stuff below, we want to share some thoughts in transparent and readable terms.

We are geeks and we love APIs. We think that our APIs will allow many other developers around the globe to extend our functionality and continue improving the world’s most human and dynamic lodging marketplaces.
The lodging industry constantly changes and we need to quickly adapt to it. As such, please expect those terms of service to change every now and then.
As we improve the BookingMarkets Engine and the sites it powers, we may build features that overlap with products or features already built by other developers. This overlap is common in most API communities.
We want travellers, hosts, and developers to have a fun experience. We also understand that many developers want to have a profitable experience. Please keep in mind that as a developer you can earn money by participating in our referral program.
We want to empower people to change the world’s economy. We are fanatically ready to help you and support you.

Thank you for being part of this community. If you have any questions, click here to contact us. We welcome you and look forward to working with you.

The BookingMarkets Team

BookingMarkets Developer Community & APIs License Agreement

Thank you for your interest in the BookingMarkets Developer Community and APIs, which allows you to build applications that use content from and interact with BookingMarkets-powered marketplaces around the world. We require you to abide by the following terms governing your participation in the BookingMarkets Developer Community and your use of the BookingMarkets APIs. This BookingMarkets Developer Community & APIs License Agreement ("Agreement") is made by and between you ("you", "your" or "Referrer") and Let Me Go, LLC (d.b.a BookingMarkets) (hereafter "BookingMarkets" or "we"), a New Jersey limited liability company with an address at PO Box 1167, Secaucus, NJ, 07096. By accepting this Agreement, you are representing and warranting that you have the authority to bind the party being issued an Access Key (defined below) and you and that party are collectively referred to as “you” or “your” in this Agreement.

Definitions
1. Access Keys means the confidential security keys provided by BookingMarkets to you for your use of the APIs, including the developer ID, certificate ID, and application ID.
2. Application means the software application, website or other interface that you develop, own or operate to interact with the APIs.
3. Developer Community Tools means the BookingMarkets Application Programming Interface (API) and all other tools and information made available to you at http://developer.bookingmarkets.com/ and other related BookingMarkets Developer Community sites.
4. BookingMarkets Content means all of the information stored in and retrieved from BookingMarkets databases. BookingMarkets Content does not include information that you obtain independent of BookingMarkets and the APIs.
5. BookingMarkets Site means any one or all of the following: LetMeGo.com, Localo.com, and all other sites that are owned, operated, or controlled by Let Me Go, LLC., its subsidiaries, or partners (for example, LetMeGo.ca, RealVacationRentals.com, LetMeGo.es, etc.).
6. BookingMarkets User means any person who accesses any page on any BookingMarkets Site.
7. BookingMarkets User Agreement means the terms and policies on which BookingMarkets offers its services to BookingMarkets Users, currently available through links on the homepages of BookingMarkets Sites and incorporated herein by this reference.
8. Your Users means end-users of your Application, your service providers, and anyone who sublicenses your Application.
Developer Community Conditions
1. Participation in the Developer Community. The BookingMarkets Developer Community is a set of APIs and tools that allows you to create Applications to access and/or interact with BookingMarkets, Content, BookingMarkets Sites and services. Participation in the Developer Community gives you access to BookingMarkets’s Developer Community Tools. These tools allow you to access BookingMarkets-powered sites and services and BookingMarkets Content, to develop Applications that integrate with or facilitate the use of BookingMarkets’s sites and services.
  1. Permitted Uses. Your use of the BookingMarkets Developer Program Tools is permitted only for the purpose of facilitating your own or Your Users’ use of BookingMarkets’ sites and services. Examples of permitted uses of the tools would be to create Applications that:
    1. promote BookingMarkets by displaying BookingMarkets listings in your Application (for example, widgets and search tools)
    2. allow BookingMarkets Users to search for and browse BookingMarkets listings with customized interfaces
    3. allow BookingMarkets Users to book BookingMarkets listings
    4. allow BookingMarkets Users to administer their BookingMarkets Content (for example, change contact details or administer My Messages)
    5. notify BookingMarkets Users when they received personalized offers
    6. allow BookingMarkets Users to list lodgings and manage their listings (for example, dashboards that track activity, bookings, or feedback)
    7. allow BookingMarkets Users to manage rates and availability
    8. integrate property management systems, channel distribution systems, and other hosts functionality with BookingMarkets' services
  2. Application Guidelines. You may develop, display or distribute Applications that interact with the APIs. You agree that you are solely responsible for the Applications that you develop and Applications must comply with the requirements of this Agreement.
2. APIs License
  1. Using the APIs. As part of your participation in the Developer Community and subject to this Agreement, BookingMarkets grants you a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use the APIs solely to do the following and subject to the restrictions set forth in this Agreement:
    1. Enable your Application to interact with BookingMarkets' databases (for example, the BookingMarkets public database) to retrieve information necessary to facilitate your own or Your Users use of BookingMarkets Sites and services through your Application;
    2. Make limited intermediate copies of BookingMarkets Content only as necessary to perform an activity permitted under this Agreement. You will delete all intermediate copies when they are no longer required for the purpose for which they were created;
    3. Rearrange or reorganize BookingMarkets Content within your Application;
    4. Display BookingMarkets Content consistent with this Agreement and the APIs Logo Usage Requirements (defined in Section 2.c); and
    5. Use, display or modify BookingMarkets Content as expressly authorized by an authenticated BookingMarkets User.
  2. Access Keys. BookingMarkets will provide you with Access Keys that permit you to access BookingMarkets' databases. The Access Keys are the property of BookingMarkets and may be revoked if you share them with any third party (other than as allowed under this Agreement), if they are compromised, if you violate any term of this Agreement, or if BookingMarkets terminates this Agreement.
  3. Call Limitations. The number of APIs calls you will be permitted to make during any given period may be limited. BookingMarkets will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. Unused APIs calls will not roll over to the next day or month, as applicable.
3. Logos. BookingMarkets grants you a non-exclusive license to display the logos of the sites powered by the BookingMarkets Engine available at http://letmego.com/community incorporated herein by this reference. BookingMarkets has final approval over the placement of logos on your Application and may terminate this trademark license at any time for any reason and you must remove the logo(s) immediately. BookingMarkets may update the logos from time to time, and you will display the current logo.
4. Certification. In its discretion, BookingMarkets may require or offer Certification for certain Applications. Certification will consist of confirmation by BookingMarkets or an independent third party it designates that your Application’s technology complies with a particular set of BookingMarkets' guidelines. You mayl not be permitted to access the public database in certain cases until Certification is complete. Future modifications of your Application or your use or display of the BookingMarkets Content are subject to re-Certification, if applicable. If BookingMarkets requires Certification, failure by you to maintain Certification is cause for immediate termination of this Agreement.
BookingMarkets Content
1. Using and Displaying BookingMarkets Content. Display of BookingMarkets Content is permitted only within your Application. You may use and display BookingMarkets Content only in accordance with the following guidelines:
  1. Public Display. You may display BookingMarkets Content that any BookingMarkets User makes publicly available on the BookingMarkets Site to everyone during the time that such BookingMarkets Content is publicly available to promote BookingMarkets and enable Your Users to search and browse listings (“Public Display”). When the BookingMarkets Content is no longer publicly available, you must delete it from your Application. For example, when an BookingMarkets User ID is publicly available in connection with a listing on the BookingMarkets Site, you may display the BookingMarkets User ID through your Application; but if and when that BookingMarkets User ID is no longer viewable in connection with the listing or is otherwise anonymized, you may no longer display the BookingMarkets User ID in a Public Display of the listing.
  2. BookingMarkets Content that is available only to a registered BookingMarkets User after signing in to BookingMarkets account may only be displayed to that user after if he has provided the correct authentication tokens. Such BookingMarkets Content may not be used for Public Display without the explicit consent of the data subject.
  3. Age of Listings. Displayed item listing information may not be more than twelve hours older than information displayed on the BookingMarkets Site, and other BookingMarkets Content must be no more than twenty-four hours older than content displayed on the BookingMarkets Site.
  4. BookingMarkets Listings. If your application will display BookingMarkets listings for buyers to book a listing, your application must display at a minimum all information that is legally required under applicable laws and regulations.
2. Protecting User Privacy
  1. Collecting and Using Personal Information. Your participation in the Developer Community and your use of the Developer Community Tools may allow you to collect Personal Information from and about BookingMarkets Users. “Personal Information” is any information pertaining to a directly or indirectly identifiable individual. It may include information that you collect directly from users in connection with your Application and information that is included in the BookingMarkets Content, or that you otherwise receive from BookingMarkets, about Your Users or other BookingMarkets Users and their trading activities.
  2. You will delete Personal Information when it is no longer necessary for your performance of the Agreement or when you cease to participate in the Developers Program. This provision does not apply to information you collect directly from Your Users, unrelated to the BookingMarkets site and services.
  3. You will not under any circumstances collect or store BookingMarkets User IDs and passwords. You can store BookingMarkets tokens.
  4. Compliance with Privacy Laws. At all times, your Application and your use of the Developer Community Tools and BookingMarkets Content will comply with all applicable laws, regulations and best practices concerning privacy, data protection and on demand or downloadable software.
  5. Information About Your Users. You may receive Personal Information about Your Users, either directly from Your Users or from BookingMarkets. Your collection and use of that information will be only as authorized by Your Users and will comply with your privacy policy. Your privacy policy and your privacy practices will comply with applicable laws. If you choose not to have your own privacy policy, you must comply with the BookingMarkets Privacy Policy, currently available through links on the homepages of BookingMarkets Sites and incorporated herein by this reference.
  6. Information About Other BookingMarkets Users. You may receive information about BookingMarkets Users, who may or may not be Your Users, that is either publicly available from BookingMarkets or that is provided by BookingMarkets about Your Users’ transaction partners (“Other User Information”). Any Other User Information BookingMarkets provides to you will be limited to information reasonably necessary to perform activities permitted under this Agreement.
    1. Using Other User Information. You will not collect, store, use or disclose Other User Information for any purpose other than facilitating the use of BookingMarkets' sites and services as permitted under this Agreement.
    2. BookingMarkets Privacy Policy. Your use of Other User Information will comply with the BookingMarkets Privacy Policy.
  7. Communication. You will not use Personal Information from Your Users or from BookingMarkets Users that you received from BookingMarkets to send or enable sending of unsolicited communications of any type. You may communicate with Your Users, or send communications initiated by and on behalf of Your Users to other BookingMarkets Users, to facilitate an BookingMarkets transaction. You may also send communications that users have explicitly consented to receive.
Restricted Activities
1. You may not use or access (nor facilitate or enable others to use or access) the Developer Community Tools or BookingMarkets Content in any way not expressly permitted under this Agreement. For example, you will not and you will not facilitate or enable others to:
2. Distribute, publish, or allow access or linking to the APIs or BookingMarkets Content from any location or source other than your Application.
3. Enable or permit the disclosure of BookingMarkets Content other than as authorized under this Agreement.
4. Use the BookingMarkets Content to establish BookingMarkets User identities or user profiles.
5. Commercialize (that is, sell, rent, trade or lease), copy or store the BookingMarkets Content, other than for the intermediate purposes allowed by this Agreement;
6. Modify, decompile, reverse engineer or otherwise alter the Developer Community Tools, APIs or BookingMarkets Content.
7. Use robots, spyders, scraping or other technology to access or use BookingMarkets Content or any BookingMarkets Sites or services to obtain any information beyond what BookingMarkets provides to you under this Agreement.
8. Knowingly create an Application that may be used to violate the BookingMarkets User Agreement or any other BookingMarkets policy or applicable law.
9. Use the APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any part of the BookingMarkets APIs Documentation, available at http://developer.bookingmarkets.com/docs incorporated herein by this reference.
10. Have your Application or your use of BookingMarkets Content or any of the Developer Community Tools: (i) be false, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract, regulation or generally accepted practice in all relevant jurisdictions (including without limitation those governing trade and export, financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) be defamatory, trade libelous, threatening or harassing; (v) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or (vi) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
11. Provide any data or information to BookingMarkets unless you represent and warrant that it is accurate and you have all rights necessary to provide such data or information to BookingMarkets, and for BookingMarkets to use it.
BookingMarkets Policies
You and your Application will comply with the BookingMarkets User Agreement and all applicable BookingMarkets Site policies. In the event of a conflict between this Agreement and the BookingMarkets User Agreement regarding your use of the APIs, this Agreement will control. If you are participating in the Referral Program of any of the BookingMarkets Sites you are subject to and must comply with the applicable terms.
Modifications
1. Modification of the APIs, Sites and Services. BookingMarkets may modify the Developer Community Tools, permitted APIs calls, its databases, the permitted uses under this Agreement, any BookingMarkets Site or service, or any of the benefits and/or features provided in connection with your use of the APIs at any time with or without notice to you. Modifications may affect your Application and may require you to make changes to your Application at your own cost to continue to be compatible with or interface with the APIs or BookingMarkets Sites or services.
2. Modification of this Agreement. BookingMarkets may from time to time change the terms of this Agreement. We will post the amended terms on developer.bookingmarkets.com and we may also send you a notice about the amended terms via email. Except where stated otherwise herein, all amended terms will be effective thirty days after they are posted or emailed to you. Your use of the Developer Community Tools or APIs after the date on which changes become effective will constitute your acceptance of such changes.
Monitoring and Enforcement
1. Right to Monitor and Audit. You agree that BookingMarkets may monitor or audit your Application or activities relating to your use of Developer Community Tools. You will not seek to block or otherwise interfere with the monitoring or audit, and BookingMarkets may use technical means to overcome any methods you may use to block or interfere with such monitoring. Audits may include requests for documents and information. Your failure to reasonably comply with BookingMarkets' efforts to audit your compliance with this Agreement shall constitute a material breach of this Agreement.
2. Remedy for Breach. If BookingMarkets, in its sole discretion, believes that you or your service providers have breached this Agreement, or that you or your service providers have engaged in fraudulent activity, BookingMarkets may take any and all steps it deems appropriate, including issuing a warning, conducting an investigation, or suspending your APIs license.
3. Corrective Action. In addition to any other available remedies, BookingMarkets may, at its sole discretion, seek specific performance, injunctive relief or attorneys' fees. BookingMarkets reserves the right to take other corrective action as BookingMarkets sees fit in the event that BookingMarkets receives complaints from BookingMarkets Users about your Application or your actions.
Ownership and Licensing
1. Ownership. As between BookingMarkets and you: (i) BookingMarkets retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Developer Community Tools, BookingMarkets Content, BookingMarkets Site, any and all BookingMarkets services, and any content BookingMarkets created or derived therefrom; and (ii) you retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your Application, excluding the aforementioned rights in this Section 8.1(i) above owned by or licensed to BookingMarkets. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by BookingMarkets or its suppliers. You will not take any action inconsistent with BookingMarkets' ownership of the Developer Community Tools, BookingMarkets Site, and/or BookingMarkets Content. Neither party will exceed the scope of the licenses granted hereunder.
2. License. You agree that BookingMarkets', in its sole discretion, may use your trade names, trademarks, service marks, logos, and domain names for the purpose of advertising or publicizing your use of the APIs. If you submit an Application for inclusion on an BookingMarkets Site or to be hosted by BookingMarkets, you direct and authorize BookingMarkets and its affiliates to host, link to, and otherwise incorporate the Application into BookingMarkets services and to carry out any copying, modification, distribution, internal testing, or other processes BookingMarkets deems necessary.
3. Competitive or Similar Materials. In no event will BookingMarkets be precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for third parties, as well as marketing and distributing, materials which are competitive with your Application or other products or services provided by you, irrespective of their similarity to your current products or products that you may develop.
Working with Third Parties
1. Service Providers. You may work with service providers as necessary to facilitate your performance under this Agreement only if you subject your service providers to all of the conditions and restrictions of this Agreement. You acknowledge and agree that any act or omission by your service provider(s) amounting to a breach of this Agreement will be deemed a breach by you.
2. Sublicensing. Except as set forth in this Section 9, all license rights (under any applicable intellectual property right) granted to you by BookingMarkets are not sublicenseable, transferable or assignable. You may sublicense your right to display the BookingMarkets Content and the Logos to Your Users solely to enable them to display BookingMarkets Content and the Logos on their computer screens or websites through your Application; provided that:
  1. You will not disclose your Access Keys to Your Users.
  2. All calls initiated by Your Users will be made through your Access Keys.
  3. All APIs calls initiated by Your Users will count towards the maximum number of calls (if any) permitted under the APIs licensing.
3. Breach by Your Users. As a third-party beneficiary to all sublicenses pursuant to this Agreement, BookingMarkets will have the right, in its sole discretion, to directly enforce any term of the sublicense agreement against Your Users, including termination.
Availability and Security
BookingMarkets makes no guarantees with respect to the availability or uptime of any Developer Community Tools, BookingMarkets Sites or services. BookingMarkets may conduct maintenance on or stop providing any the Developer Community Tools, or its sites or services, at any time with or without notice to you. BookingMarkets may change the method of access to the Developer Community Tools at any time. It is in the best interests of both parties that BookingMarkets maintain a secure and stable environment. In the event of degradation or instability of BookingMarkets' system or an emergency, BookingMarkets may, in its sole discretion, temporarily suspend your access to the Developer Community Tools or BookingMarkets' sites and services under this Agreement.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND BOOKINGMARKETS' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY STATED HEREIN, BookingMarkets DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BookingMarkets DOES NOT REPRESENT OR WARRANT THAT ANY BookingMarkets SITE, SERVICES, OR DEVELOPERS PROGRAM TOOLS WILL OPERATE SECURELY OR WITHOUT INTERRUPTION. ALL LOGOS, PRODUCTS AND SERVICES PROVIDED BY BookingMarkets HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. BookingMarkets WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, BookingMarkets' AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO BookingMarkets BY YOU FOR THE DEVELOPER COMMUNITY TOOLS IN THE MONTH PRECEDING THE CLAIM. IN THE EVENT THAT THE FORMER LIMITATION OF LIABILITY IS HELD UNENFORCEABLE BY A COMPETENT COURT, BOOKINGMARKETS' AGGREGATE LIABILITY IS IN ANY CASE LIMITED TO $25,000 PER EVENT, A SERIES OF EVENTS BEING CONSIDERED AS ONE SINGLE EVENT.
Indemnification
You will indemnify, defend and hold BookingMarkets, its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) (collectively, “Claims”) that may arise from or are related to (i) use of the Developer Community Tools; or (ii) the development, maintenance, use and contents of your Application, including but not limited to any infringement of any third- party proprietary rights. At BookingMarkets' option, you will assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, BookingMarkets may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you will not settle any such Claim without BookingMarkets' prior written consent).
Term and Termination
1. Term. The term of this Agreement will begin on the date on which you fully complete and successfully submit the Developer Community online membership form and accept this Agreement online as reflected in BookingMarkets' records. It will continue until terminated in accordance with this Agreement.
2. Termination. This Agreement will terminate automatically without notice if you fail to comply with any of its terms. The license that is granted hereunder is dependent on your compliance with this agreement and terminates automatically if you fail to comply with the terms. BookingMarkets RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT OR SUSPEND OR DISCONTINUE YOUR ACCESS TO THE APIs, OR ANY PORTION OR FEATURE THEREOF, FOR ANY OR NO REASON AND AT ANY TIME WITH OR WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
3. If you wish to terminate this Agreement, you must email a termination notice to support@merrcuryengine.com - Any other methods used by you to terminate the Agreement will be void and will not result in a termination. Your termination notice will be effective when it is received by BookingMarkets.
4. Effect of Termination. Upon the termination of this Agreement, your Access Keys will be revoked, all licenses granted hereunder will terminate, and you will pay all past-due fees. You will destroy all your intermediate copies of BookingMarkets Content and Personal Information within ten days of termination and provide written proof of destruction to BookingMarkets upon request.
5. Survival. The following Sections will survive any termination of this Agreement: [1] Definitions, [3] BookingMarkets Content, [4] Restricted Activities, [5] BookingMarkets Policies, [8.1] Ownership and Licensing,[11] Disclaimer of Warranties & Limitation of Liability, [12] Indemnification, [13.d] Effect of Termination, [14] Confidentiality, [15] Publicity, [16] Miscellaneous.
Confidentiality
“Confidential Information” will include all information provided by BookingMarkets to you under this Agreement, including without limitation, Developer Community Tools, BookingMarkets Content, and Access Keys. You will not use or disclose Confidential Information other than as required to perform under and permitted by this Agreement. Your confidentiality obligations will survive the termination of this Agreement for three years. The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that BookingMarkets will be entitled (without waiving any other rights or remedies) to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond. Any information provided by you to BookingMarkets hereunder is considered by BookingMarkets to be non- confidential. BookingMarkets has no duty, express or implied, to pay any compensation for the disclosure or use of any such information provided by you to BookingMarkets. You acknowledge and agree that any information you provide to BookingMarkets is solely to consider a business relationship under this Agreement and you have no expectation of payment.
Publicity
You will not make any public statement regarding this Agreement, the terms of this Agreement, any aspect thereof, the Developer Community Tools, or the BookingMarkets BookingMarkets Developer Community without BookingMarkets' prior written approval which may be withheld in BookingMarkets' sole discretion. You permit BookingMarkets to make public statements about your use of the Developer Community Tools or participation in the BookingMarkets Developer Community.
Law and Venue
This Agreement will be construed as if both parties jointly wrote it, governed by New Jersey law except for its conflicts of laws principles, and any cause of action arising under or relating to this Agreement must be brought exclusively in a court in New Jersey. However, this will not affect your statutory rights if you are a consumer and the competent court determines that applicable consumer law requires application of another law (such as the law of your country of residence).
Miscellaneous
You acknowledge and agree that this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and any conflicting or additional terms contained in other documents or oral discussions are void. You may grant approvals, permissions and consents to BookingMarkets by email, but any modifications by you to this Agreement must be made in a writing (not including email) executed by both parties. BookingMarkets may refuse to execute any such writings in BookingMarkets’s sole discretion. Any notices to BookingMarkets must be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, your consent shall not be required for BookingMarkets’s assignment or transfer (1) due to operation of law, or (2) to an entity that acquires substantially all of BookingMarkets’s stock, assets or business, or (3) to a related entity (e.g., parent or subsidiary of parent). You and BookingMarkets are not legal partners or agents, but are independent contractors. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.