Terms and Conditions
1. Introduction
Welcome to BadGuestDatabase.com (“Website”). These Terms and
Conditions (“Terms”) govern your use of our Website and any related
services provided by us (collectively referred to as the
“Services”). The Services are administered by BadGuestDatabase.com
(“us”, “we”, “Company”). By accessing and using our Services, you
are acknowledging that you have read, understood, and agree to be
bound by these Terms. If you disagree with any part of these Terms,
you are prohibited from using our Services.
These Terms form a legally binding contract with
BadGuestDatabase.com, a Michigan LLC with its headquarters in
Southfield, MI. If you are unwilling or unable to be bound by these
Terms, do not access or use the Service.
2. Definitions
“You” and “your” refer to you, as a user of the Service. A “user” is
someone who accesses, or in any way uses the Service. “We,” “us,”
and “our” refer to BadGuestDatabase.com and its subsidiaries.
“Content” means text, images, photos, audio, video, and all other
forms of data or communication. “Your Content” means Content that
you submit or transmit to, through, or in connection with the
Service, such as renter information and feedback. “User Content”
means Content that users submit or transmit to, through, or in
connection with the Service.
“BadGuestDatabase.com Content” means Content that we create and make
available in connection with the Service. “Third Party Content”
means Content that originates from parties other than
BadGuestDatabase.com or its users, which is made available in
connection with the Service. “Service Content” means all of the
Content that is made available in connection with the Service,
including Your Content, User Content, BadGuestDatabase.com Content,
and Third Party Content. “Account” means the account you create to
access or use the Service.
3. Changes to the Terms
We may modify the Terms from time to time. The most current version
of the Terms will be located on our website. You understand and
agree that your access to or use of the Service is governed by the
Terms effective at the time of your access to or use of the Service.
If we make material changes to these Terms, we will notify you by
email, by posting notice on the Service, and/or by other methods
prior to the effective date of the changes. You should revisit these
Terms on a regular basis as revised versions will be binding on you.
You understand and agree that your continued access to or use of the
Service after the effective date of changes to the Terms represents
your acceptance of such changes.
4. Using the Service
Eligibility. To access or use the Service, you must be 18 years or
older, and have the requisite power and authority to enter into
these Terms. You may not access or use the Service if we have
previously banned you from the Service or closed your Account.
Permission to Use the Service. We grant you permission to use the
Service subject to these Terms. Your use of the Service is at your
own risk, including the risk that you might be exposed to Content
that is offensive, indecent, inaccurate, objectionable, incomplete,
or otherwise inappropriate.
Service Availability. The Service may be modified, updated,
interrupted, suspended or discontinued at any time without notice or
liability.
Accounts. You must create an Account and provide certain information
about yourself in order to use some of the features that are offered
through the Service. You are responsible for maintaining the
confidentiality of your Account password. You are also responsible
for all activities that occur in connection with your Account. You
agree to notify us immediately of any unauthorized use of your
Account. We reserve the right to close your Account at any time for
any or no reason.
Your Account is for your personal, non-commercial use only, and you
may not create or use an Account for anyone other than yourself. We
ask that you provide complete and accurate information about
yourself when creating an Account in order to bolster your
credibility as a contributor to the Service. You may not impersonate
someone else, provide an email address other than your own, create
multiple Accounts, or transfer your Account to another person
without prior approval.
Communications from Bad Guest Database and Others. By accessing or
using the Service, you consent to receive communications such as
emails, push notifications, text messages (including SMS and MMS),
and phone calls. These communications may be used to verify your
identity or to ask questions specific to the incidents you report.
You further understand that communications may be sent using an
automatic telephone dialing system, and that you may be charged by
your phone carrier for certain communications such as SMS messages
or phone calls. You agree to notify us immediately if the phone
number(s) you have provided to us have been changed or disconnected.
Please note that any communications, including phone calls, with Bad
Guest Database or made through the Service may be monitored and
recorded for quality purposes. You can opt-out of certain
communications in your account settings.
5. Content
Responsibility for Your Content. You alone are responsible for Your
Content. You assume all risks associated with Your Content,
including anyone’s reliance on its quality, accuracy, or
reliability, and any risks associated with personal information you
disclose. You represent that you own or have the necessary
permissions to use and authorize the use of Your Content as
described herein. You may expose yourself to liability if, for
example, Your Content contains material that is false, intentionally
misleading, or defamatory; violates any third-party right; contains
material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; violates or
advocates the violation of any law or regulation; or violates these
Terms.
Our Right to Use Your Content. As a platform designed to facilitate
the exchange of information, we use the content you provide in a few
specific ways. Primarily, this includes making it available for
viewing to other hosts. It is important to note that no data or
information on our site is ever publicly accessible, and viewing is
only possible after verification that the person viewing is a host
or works in the hotel industry.
The content you contribute to BadGuestDatabase.com is given
voluntarily and at your discretion. In providing this content, you
irrevocably grant us worldwide, non-exclusive, royalty-free,
assignable, sublicensable, transferable rights to use your content
for the express purpose of facilitating our service. Additionally,
you irrevocably grant the users of the Service the right to access
your content in connection with their use of the Service. However,
please be aware that BadGuestDatabase.com cannot accept liability
for slander, defamation, or any lawsuits arising from incorrect or
inaccurate data, as all incidents are submitted by users.
While we prioritize data privacy and strive to maintain it to the
best of our ability, we cannot accept liability for data privacy
issues related to user-submitted content. By contributing content to
our platform, you acknowledge and agree to these terms.
User Content and Third Party Content. We also own the copyrights,
trademarks, service marks, trade names, trade secrets, and other
intellectual and proprietary rights throughout the world associated
with the BadGuestDatabase.com Content and the Service, which are
protected by copyright, trade dress, patent, trademark, and trade
secret laws and all other applicable intellectual and proprietary
rights and laws Advertising. BadGuestDatabase.com and its licensees
may publicly display advertisements, paid content, and other
information nearby or in association with Your Content. You are not
entitled to any compensation for such advertisements. The manner,
mode and extent of such advertising are subject to change without
specific notice to you.
Other. User Content does not necessarily reflect the opinion of
BadGuestDatabase.com. We have no obligation to retain or provide you
with copies of Your Content, and we do not guarantee any
confidentiality with respect to Your Content. We reserve the right
to remove, screen, edit, or reinstate User Content at our sole
discretion for any reason or no reason, and without notice to you.
6. Restrictions on Use
You represent and warrant that you will not, and will not assist,
encourage, or enable others to use the Service to:
- Violate our Terms;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;
- Violate any applicable law;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Any violation of these restrictions may result in termination of your access to the Service and civil and/or criminal penalties.
7. Voluntary Provision of Information
All data provided to BadGuestDatabase.com is voluntarily submitted
by hosts, hotels, and property management companies. By submitting
data to BadGuestDatabase.com, you represent and warrant that you
have obtained all necessary consents and permissions from the
individuals whose data is being submitted, and that the submission
of such data complies with all applicable laws and regulations.
8. Restrictions on Use
The information and data obtained from BadGuestDatabase.com are
intended for informational purposes only. Users are strictly
prohibited from using the information for any discriminatory
practices or decisions, including but not limited to rental
decisions based on race, color, national origin, religion, sex,
familial status, or disability.
Additionally, the data from our platform may not be used as evidence
in any legal proceedings, including but not limited to court
proceedings, arbitration, or other dispute resolution methods. Users
must respect the rights and privacy of others when using the
information provided by our service.
Any use of the data in a manner that could damage, disable,
overburden, or impair the Service, or in any manner that could
interfere with any other party’s use and enjoyment of the Service,
is strictly prohibited. By accessing and using data from
BadGuestDatabase.com, you agree to abide by these restrictions.
9. Dispute Resolution
Any disputes arising out of or related to these Terms or the
Services provided by BadGuestDatabase.com shall be resolved by
binding, individual arbitration, under the laws of the state of
Michigan, in accordance with the rules of the American Arbitration
Association. By agreeing to these Terms, you waive any right to
participate in any class, group, or representative action or
proceeding. This dispute resolution provision will be governed by
the Federal Arbitration Act and subject to California state
jurisdiction.
10. Indemnity
You agree to indemnify and hold harmless BadGuestDatabase.com, its
officers, directors, employees, and agents, from and against any
claims, disputes, demands, liabilities, damages, losses, and costs
and expenses, including, without limitation, reasonable legal and
accounting fees arising out of or in any way connected with (i) your
access to or use of the Services or Content, (ii) your User Content,
or (iii) your violation of these Terms.
11. Limitation of Liability
To the maximum extent permitted by law, BadGuestDatabase.com shall
not be liable for any indirect, incidental, special, consequential
or punitive damages, or any loss of profits or revenues, whether
incurred directly or indirectly, or any loss of data, use, goodwill,
or other intangible losses, resulting from (i) your access to or use
of or inability to access or use the services; (ii) any conduct or
content of any third party on the services, including without
limitation, any defamatory, offensive or illegal conduct of other
users or third parties; (iii) any content obtained from the
services; or (iv) unauthorized access, use or alteration of your
transmissions or content.
In no event shall the aggregate liability of BadGuestDatabase.com
exceed the greater of fifty U.S. dollars (U.S. $50.00) or the amount
you paid BadGuestDatabase.com, if any, in the past six months for
the services giving rise to the claim.
The limitations of this subsection shall apply to any theory of
liability, whether based on warranty, contract, statute, tort
(including negligence) or otherwise, and whether or not
BadGuestDatabase.com has been informed of the possibility of any
such damage, and even if a remedy set forth herein is found to have
failed of its essential purpose.
12. No Class Action Lawsuits and Third-Party Lawsuits
In addition to the terms outlined above, it is expressly agreed that
users of BadGuestDatabase.com are prohibited from initiating or
participating in any class action lawsuits against
BadGuestDatabase.com. Any disputes, claims, or controversies arising
out of or related to these Terms or the Services provided by
BadGuestDatabase.com shall be resolved through individual
arbitration. This means that each user waives the right to
participate in any class, group, or representative action or
proceeding.s
Furthermore, users acknowledge and agree that BadGuestDatabase.com
shall not be held liable for any lawsuits or claims brought by
third-party companies or platforms, irrespective of whether any
guest’s information was used without our direct involvement. This
includes situations where the guests’s information is utilized by
third-party entities, and users expressly release
BadGuestDatabase.com from any liability arising from such
third-party actions.
Users are encouraged to carefully review and consider these terms,
as they are an integral part of the agreement governing the use of
BadGuestDatabase.com. By continuing to access or use the services
provided by BadGuestDatabase.com, users implicitly consent to these
dispute resolution mechanisms and limitations on legal actions.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with
the laws of the state of Michigan, without regard to its conflict of
law principles. Users agree that any legal action or proceeding
arising out of or related to these Terms or the use of
BadGuestDatabase.com’s Services shall be brought exclusively in the
state or federal courts located in the state of Michigan, county of
Oakland. Users hereby consent to the jurisdiction of and venue in
such courts and waive any objection as to inconvenient forum.
14. Severability
If any provision of these Terms is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these
Terms shall remain in full force and effect.
These additional terms are integral parts of the
BadGuestDatabase.com Terms and Conditions and should be read in
conjunction with the entire agreement. By accessing or using
BadGuestDatabase.com’s Services, users affirmatively acknowledge and
agree to the terms outlined herein.