VacationRentalReferrals.com ('VR REFERRALS™' , "VACATIONRENTALREFERRALS.COM", "VRREFERRALS.COM") WEBSITE TERMS OF USE AGREEMENT
1. Introduction
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our" or "VacationRentalReferrals.com" or "Site") provides the information contained on this website or any of the pages comprising the website ("website") to visitors and members ("visitors" or "members" ) (cumulatively referred to as "you" or "your" hereinafter) subject to these Terms of Use (“TOU”), the privacy statement and any other relevant Terms of Use, policies and notices which may be applicable to a specific section or module of this website.By using and participating in this website you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit all sites.
We reserve the right to update the TOU at any time without notice. By continuing to access a site after notice of such modifications, you signify your agreement to be bound by the modifications. As such, you should review the Terms of Use periodically.
1.1 By using our site you represent and warrant to us that you are an individual 18 years old or older.2. Trade Marks, Copyright Notice and Intellectual Property Rights & Ownership
All brands, trademarks, images, tutorials and articles are the property of their respective owners and additional copyrights may apply.2.1 Trademarks.
"VR Referrals ", "VRReferrals.com", "VacationRenalReferrals.com", "Give and get extra bookings!" etc. are service marks and trademarks of the Website Owner. The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered, common law trade marks of the Website Owner and are protected by law. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission.
2.2 Copyright Notice, Effective May 2009
All original content of VacationRentalReferrals.com is copyrighted and is not to be used without permission. We authorize NO retransmission in any form other than upon express written permission. Trade dress, trademark, unfair competition, and other laws protect certain parts of VacationRenalReferrals.com
2.3 Intellectual Property Rights & Ownership
All contents of this site to include, but not limited to format, syntax, structure, elements, concept and design are claimed as copyright materials and considered the intellectual property of VacationRenalReferrals.com . All rights reserved. All other rights, title and interest (including all other copyrights and intellectual property rights) in this website and all names, terms, phrases, descriptions, logos, slogans, some images and other indicia identifying products or services are considered proprietary and belonging to the Website Owner. Any use of said without prior express written permission is strictly prohibited.
3. External Links
External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. We are not responsible for the materials contained at any website linked to this site. When visiting external links you must refer to that external website’s Terms of Use of use. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site.4. Specific Use
You agree not to use the website to send or post any message or material that is unlawful, and you hereby indemnify us against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.You may use this site for lawful purposes only. Examples of unlawful material and/or behavior include, without limitation, harassing, abusive, threats of physical harm, defamatory statements, pornographic material, indecent, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, or violates any applicable law and copyrighted, trademarked and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools, network probing tools, or any other means. You may not "flood" or disrupt our website through any means or process. You may not use the Services in any manner that could damage, disable, overburden, or impair any part of our website, or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by us.
5. Warranties
VacationRentalReferrals.com makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, member's profile and their Vacation Rental Property information, your or your company’s personal information or material and information transmitted over our system.We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. We may discontinue or change the Service, or its availability, at any time without notice.
We do not make any warranty or representation that information on the website is appropriate for use in your jurisdiction. By accessing the website, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via the website.
While every effort is made to update the information contained on this website VacationRentalReferrals.com makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party) ("information") and shall not be bound in any manner by any information contained on the website. No information shall be construed as advice and information is offered for information purposes only. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
6. LIMITS OF LIABILITY / DISCLAIMER / REALASE
Vacationrentalreferrals.com does not assume any responsibility for the home listing ads within our website. Please contact the listing property’s owner to submit any questions or concerns prior to your stay. Vacationrentalreferrals.com is not responsible for any ads that list errors, typos or changes in rental rates. The listing advertisement on each home is not confirmed by Vacationrentalreferrals.com. As the renter you are responsible for confirming the home owner’s listing information.The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether actual, consequential, punitive,direct or indirect), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
We make no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, or error-free. All such information is provided “as is”. In no event shall VacationRentalReferrals.com and its Owner , its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site. In visiting this site and/or using any of the content therein, you recognize that all content is provided on an as-is basis.
We are not responsible for any outcomes of using the website and tools, or for any of the referral outcomes between the Vacation Rental Owners or renters. We do NOT investigate accuracy of any of the Vacation Rental Owners, members, or renters information. We highly recommend Renters and Vacation Rental Owners conduct their own research regarding every information of each person involved in referrals, communication, rentals or any other way. We are not responsible for the refund of rental fees or referral donations/fees for any reason. Website members / users assume all liability for use of any information found in the VacationRentalReferrals.com Internet publication, their own actions, results from communications with other owners and /or renters, and results from any rentals.
VACATION RENTAL OWNERS ARE ADVISED THAT THEY SHOULD REFER OTHER PROPERTIES TO RENTERS ONLY UPON RENTERS' REQUEST, WITH THEIR KNOWLEDGE AND AGREEMENT.
By logging on, viewing, using and participating on any part of this web site, you agree that you shall not hold us responsible for any materials located on the web site.
Vacation Rental Owners are responsible for the accuracy of the information on their property listings and member profiles. Owners who provide photos to be used assert that the photos are their own property and that they have the publishing rights to them. We are not responsible for any action, or omission of action, by any renter or owner obtained by the use of this site.
VACATIONRENTALREFERRALS.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN RENTERS AND PROPERTY OWNERS/MANAGERS OR OTHER PARTICIPANT DEALINGS. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION . IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU UNCONDITIONALLY RELEASES VACATIONRENTALREFERRALS.COM (AND ITS OWNER, AGENTS, EMPLOYEES, AND AFFILIATED COMPANIES, IF ANY) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (INCLUDING BOTH ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE THAT USE OF THE SITE AND SERVICES IS AT YOUROWN RISK. We have no control over the quality, safety, legality, or description of listings and profiles and do not know whether any listing or profile is accurate, complete, misleading or deceptive. Further, we have no control over the ability of the Property Owners/Managers to actually rent/sell properties listed, or the ability of the Renters to actually buy/rent, and do not guarantee to any buyer/renter or seller/owner that he or she will receive payment for their transaction. You acknowledge that we are under no obligation to assure the performance of any obligation of Renters or Property Owners/Managers under this Agreement or applicable law. The quality, safety or legality of the properties, the truth or accuracy of the listings, member profile, the ability of members to rent vacation property are solely the responsibility of each user. You should always use caution in entering into any agreement with another participant. The Website Owner may participate on the site and will be treated as any other Vacation Rental Owner participating in the Services of this Site.
With respect to goods or services purchased directly from VacationRentalReferrals.com through the website, VacationRentalReferrals.com and its Owner ’ liability, in any case, is expressly limited to replacement of defective goods (creating new membership), or the repayment or crediting to you an amount equal to the purchase price of the goods (membership fee).We take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of communication services, VacaionRenalReferrals.com is not liable for any statements, representations or Content provided by its users in any public forum, or other communication Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any are of the site, we will have no liability related to the content of any communications, whether or not arising under the laws of copyright, privacy, libel, obscenity, or otherwise.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
Release:
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF VACATIONRENTALREFERRALS.COM, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
7. General
7.1 Entire Agreement.
These website Terms of Use constitute the sole record of the agreement between you and us in relation to your use of the website. Neither you nor us shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website Terms of Use supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website.7.2 Conflict.
Where any conflict or contradiction appears between the provisions of these website Terms of Use and any other relevant Terms of Use, policies or notices, the other relevant Terms of Use, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.7.3 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.7.4 Cession.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms of Use, policies and notices to any third party.7.5 Severability.
All provisions of any relevant Terms of Use, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms of Use, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant Terms of Use, policies and notices shall remain in full force and effect.7.6 Applicable laws.
Any relevant Terms of Use, policies and notices shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the United States' judicial system in respect of any disputes arising in connection with the website, or any relevant Terms of Use, policies and notices or any matter related to or in connection therewith. You agree to that the sole and proper jurisdiction to be the state of New York and city of the website owner. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the website owner’s address.7.7 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy statement or any other relevant Terms of Use, policies and notices or the way in which we are handling your personal information please contact us.
8. Obligations:
8.1 Property Owners/Managers are obligated to comply with all applicable laws and all provisions of this Agreement.
8.2 You agree that it is the responsibility of the Vacation Renal Owner and the Renter to determine whether any taxes (including, without limitation, sales, use, or luxury taxes) apply to the transactions.
8.3 If you are a Property Owners/Manager, you agree that you will not attempt to refer any renters to other Vacation Rental Owners without prior request, knowledge and agreement from the renter.
8.4 Further, unless otherwise authorized, you agree not to use any information regarding renters or other participants, which is accessible from the Site or disclosed to you by VacationRentalReferrals.com except as necessary to complete the referral or transaction. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
9. PRIVACY
Any personally identifying information submitted on the VR REFERRALS™ websites is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.
10. DESCRIPTION OF SERVICES.10.1 The Site is a Venue .
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION . We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters. VacationRentalReferrals.com also provides Vacation Rental Owners with tools to communicate between each other. VacationRentalReferrals.com provides access to a variety of resources (“Services”) including general information, message and/or communication facilities, etc. and may include a Members Only section that can be accessed only by us, staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU. We do not chare any fees or commissions from the referrals that may occur between Vacation Rental Owners and /or Renters, we not contact any of the renters on behalf of the Vacation Rental Owners and we are not involved in the actual transaction between travelers and members even though we may provide tools, such as contact form, that enables a traveler to send an email to the property owner(s). As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of members to rent vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user.
10. 2. Personal Use .
Although we do charge a fee to members to advertise their vacation rental properties on the Site, we do not charge travelers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to members regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited.
11. USE OF COMMUNICATION SERVICES / COMMUNITY TOOLS
The Communication Services may contain forums, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. We are not responsible for any material submitted to the public areas by you. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by us. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if we become aware and determine improper material, in our sole and absolute discretion.By way of example, and not as a limitation, you agree that you will not:
11.1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
11.2. Publish, post, distribute or disseminate any defamatory, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
11.3. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network, another's computer or property of another.
11.4. Violate any copyright, trade mark, other applicable US or international laws or intellectual property rights of the Website Owner or any other third party;
11.5. Submit contents containing marketing or promotional material which is intended to solicit business.
11.6. Use the Communication Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
11.7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
11.8. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
11.9. Restrict or inhibit any other user from using and enjoying the Communication Services.11.10. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
11.11. Violate any applicable laws or regulations.11.12. Create a false identity for the purpose of misleading others.
11.13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.11.14. List, post, or transmit any information that in any way violates any privacy related right belonging to any person, business, or other entity under the common law or codified laws or regulations of the United States or another country or under international law.
11.15. List, post, or transmit any information that reasonably could be construed as false and/or defamatory with respect to any person, business, governmental or other entity product or service.
11.A We reserve the right, at our absolute discretion, to remove, review any areas on the Web Site where users transmit or post communications, including, but not limited to any community tool, like forums, calendars, etc., and the content of any such communications; screen or edit without notice any Content posted or stored on the Site at any time and for any reason. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
11.B Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including, but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Website User's profile, email addresses, usage history, posted materials, IP addresses and traffic information. We reserve the right to terminate your access to any or all of the Services at any time, without notice, if we feel that you have violated this Agreement. We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Services, temporarily or permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to the site. We will determine what action will be taken in response to a violation on a case-by-case basis, at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
11.C You are responsible for the use of your password. You will immediately notify us of any unauthorized use of your password or account. You are allowed to create only one account on the Site. If your account has been suspended or terminated, you may not open another account.
11.D Always use caution when giving out any personally identifiable information in any Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services and VacationRentalReferrals.com website.
11.E. We reserve the right to refuse in our sole discretion any advertisement submitted to us. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
11.F. If, in our sole discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the Site without refund.
11.G. If we become aware of or receive a complaint from any person or entity regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
11.H. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member’s listing from the Site without notice to the member and without refund.12. Content, Layout and Copy
12.1. We reserve the right to determine in our sole discretion the final design, layout and functionality of this Site, which is subject to change from time to time without notice.
12.2. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion.
12.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us.
13. Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Site Terms.Content submitted by users will be considered non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted. We shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us from any claims that you could otherwise assert against VacationRentalReferrals.com by virtue of any such moral rights.
14. Advertisements and Promotions
We may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
15. INDEMNIFICATION.
You agree to indemnify and hold us harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these terms, and to fully cooperate in the defense by VacationRentalReferrals.com and its Owner , and their affiliates against any such claims. Without limitation, you agree to defend us from an against any and all claims, actions or demands brought by or against us alleging with respect to you a) infringement or misappropriation of any intellectual property rights; b) defamation, libel, slander, obscenity, pornography or violation of the rights of privacy or publicity, or c) spamming or any other offensive, harassing or illegal conduct or violation of this Agreement. You agree to indemnify us from and against all damages, costs, and fees awarded in favor of third parties, and you will indemnify and hold us harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, "Losses") suffered by us which Losses result from or arise out of the above claims. By using this web site you agree to indemnify us and hold harmless from any and all claims and expenses, arising from your use of the Web site, your use of the Products and Services, or your submission of contributions, ideas and/or related materials to VacationRentalReferrals.com or from any person's use of any account or password you maintain with any portion of web site, regardless of whether such use is authorized by you.
16. SUBSCRIPTION TERMS
Customers purchasing subscription must agree to the Subscription Terms and Conditions below:Billing Frequency: Annually
Duration: 12 months
Accounts are prepaid on an annual basis and may be paid by credit card only. Activation begins upon payment. Duration refers to the period of time the subscription service is available before it requires a renewal. Billing frequency indicates how often billings will occur during the duration.Please note that your credit card statement will reflect "Paypal" when you subscribe.
Your subscription is subject to our terms of use. You must read our "Terms of Use" ("TOU") and agree with them before you subscribe.
We will notify you by e-mail prior to the expiration of your current subscription and ask you to renew your membership. That e-mail will provide pricing information and instructions on how to renew your subscription beyond the initial duration. You will need to renew the subscription prior to or on its expiration date to avoid an interruption of your subscription service. If you do not wish to renew, do nothing; you will not be billed, and your membership will be deactivated.
In connection with the VacationRentalReferrals.com subscription service, We offer you the ability to use PayPal, Inc., a Delaware corporation having its principal offices at 1840 Embarcadero Road, Palo Alto, California 94303 ("PayPal"). We rely upon PayPal to maintain all necessary licenses and permits required by the laws and regulations of the countries from which the payments are sent and as may otherwise be applicable. We are not affiliated with PayPal, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
FURTHER SERVICE UNDERSTANDINGS
Subscriber may utilize form of payment acceptable to PayPal, as applicable, such as Visa, MasterCard, debit cards, American Express or other credit cards.
We reserve the right to modify the subscription terms set forth herein, or terminate this subscription service at any time, for any reason upon thirty days notice to you. If you do not agree to the modification of the subscription terms, then you may terminate your subscription starting at your next billing.16.1 ADDITIONATL TERMS AND CONDITIONS APPLICABLE TO OUR MEMBERS:
Member Eligibility; Accuracy of Information.a. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
b. Each member further represents and covenants that any information submitted to the Site during such member’s registration shall be true and correct. Member further agrees to provide notice to us regarding any updates to any such contact information previously submitted by member to the Site.
c. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.16.2 FEES
In consideration for the use of the service, you, the Subscriber, agree to pay to the Website Owner fees at the applicable rate then in effect as indicated on accompanying parts of VacationRentalReferrals.com . These fees are shown to you prior to your acceptance of the authorization and charge to be made to your Subscription.16.3 PAYMENT
Payment for membership must be made in U.S. Dollars paid either by major credit or debit card.
17. CANCELLATION OF MEMBERSHIP / REFUNDS
To cancel your membership simply contact us with:
•Your full name and “username”
•An email address you would like confirmation sent to.
•Reason for cancellation. (optional)
An email will be sent within 2 business days confirming that your account has been cancelled. Note: If within that time you do not receive our confirmation email confirming that your email was received and your account cancelled, you have not successfully cancelled your account.
18. REFUNDS
We want you to be completely satisfied with our site, and we work hard to ensure that you will be.
All memberships/listings are sold to run the full term (1 Year). If you are dissatisfied for ANY REASON during the first month of your membership, we will cancel your subscription and send you a refund less a $25 service fee. No refunds are available on discounted memberships. If you have more than one listing with us, refunds are only available for your first listing during the first month of service. No refunds are available on your second or subsequent listings. Please take this into account prior to adding additional listings or renewing your listing.
· To request a refund, please contact us and include your full name, user name and your reason for dissatisfaction.
· If you renew your listing, you do so with the understanding that it will remain online for one full year without refund.Modification
We reserve the right to revise the terms of this Refund Policy. Any changes made will apply to all memberships created or renewed after the date such change was implemented.IMPORTANT NOTE: Membership Fees will not be refunded if the Membership has been canceled due to a violation of our Terms of Use Agreement.
19. SUSPENSION OR TERMINATION OF MEMBERSHIPS
Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any term of this Agreement, without any refund. We reserve the right to suspend or terminate any Membership Services without refund of any Member that we, in our sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member (c) in violation of our terms and conditions. The disclaimers and limitations of liabilities served forth in this agreement shall survive. We reserve the right to expel Users and prevent further access to our site or cancel membership without refund, for violating this Agreement or the law, and to remove Users that are illegal, abusive or disruptive. You agree that excessive simultaneous account logins from different IP addresses will result in the termination of service. You agree not to give your account information to anyone. You agree that by yourself, or in conjunction with others not to compete with VacationRentalReferrals.com and its Owner, or have any interest in such business enterprise which shall be engaged in competition with us. If, in our sole discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the Site without refund.
These Terms and Conditions of Use incorporate any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
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