OneRooftop is a DBA of Web Chalet, Inc., hereinafter referred to as OneRooftop.
We urge all users to be responsible about their use of the Sites and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on the Sites or hosted by the Sites. Instead, the Sites act as a venue to allow homeowners and property managers who advertise on our Sites (each, a "member") to offer for rent in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "traveler" and, collectively with a member, the "users"), and to facilitate the rental transaction between the member and the traveler. We are not involved or participate in and are not a party to any transaction between travelers and members, even though we may from time to time provide tools, such as direct booking, that enable a traveler to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of a member to rent a vacation property, the ability of travelers to pay for vacation rental properties, or any failure of a traveler to pay for a property or of a member to make the property available to the traveler as agreed upon (collectively any "Liabilities"), are solely the responsibility of each user.
ONEROOFTOP SPECIFICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY OF THE LIABILITIES DESCRIBED ABOVE, INCLUDING, WITHOUT LIMITATION, FOR THE CONDITION OF THE VACATION RENTAL PROPERTIES LISTED ON THE SITES OR THE COMPLIANCE WITH LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO ANY VACATION RENTAL PROPERTY IN ANY JURISDICTION. BY USING THE SITES, YOU AGREE THAT ONEROOFTOP CANNOT AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ACTUAL RENTAL TRANSACTION BETWEEN A MEMBER AND A TRAVELER, AND EACH MEMBER EXPRESSLY AGREES TO INDEMNIFY AND HOLD ONEROOFTOP HARMLESS FROM ANY CLAIMS, LOSSES, OR DAMAGES INCURRED BY ONEROOFTOP AS THE RESULT OF CLAIMS BY TRAVELERS OR OTHER THIRD PARTIES AGAINST ONEROOFTOP.
Users are granted a limited, revocable, non-exclusive license to access the Sites and the content and services provided on the Sites for the limited purpose of using the Sites as intended and in accordance with these Terms. Any use of the Sites that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
The license to use the Sites granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Sites nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Sites also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
If you are aware of or experience any content, activity or communication through or in connection with the Sites that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms or applicable law, you are required to immediately inform us of such violation by sending an email to firstname.lastname@example.org.
The Sites and all content on the Sites are protected by copyright, including as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights and other applicable laws and regulations. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Sites. Copying, storing or otherwise accessing the Sites or any content on the Sites for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us. To the extent you provide copyrighted or otherwise protected material to us for use on the Sites or use the Sites to post such material, you grant us a world-wide, royalty fee, perpetual license to use and exploit that material to the extent needed to satisfy our obligations to you in connection with the services provided by us.
User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Sites.
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even if those transactions are fraudulent or you did not intend or want them performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER ONEROOFTOP NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY MEMBER, TRAVELER, OR OTHER USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND TO OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
You agree that, with respect to other users' personal information that you obtain through the Sites or through any Sites-related communication or transaction, we have granted to you a license to use such information and you will use such information only for: (a) Sites-related communications that are not unsolicited commercial messages, (b) using services offered through the Sites, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them, and comply in all respects with applicable laws and regulations relating to internet commerce and electronic communications. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Sites user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Sites to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Sites or through any tool or service provided on the Sites.
We have no duty to pre-screen content posted on the Sites by members, travelers or other users (including, without limitation, pictures or descriptions of property, or reviews of or guest book entries for any particular rental property), (collectively, "user-contributed content"), and we are not responsible in any way for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Sites of, or to remove from the Sites, any user-contributed content that violates these Terms or concerning which we have any reasonable basis for believing it to be improper, unlawful, inappropriate, or otherwise problematic. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other legal or regulatory requirements governing the posting of such content, have been or may be breached in respect of such content.
All property listings on the Sites are submitted by the member and are the sole responsibility of the member, and WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE ALLEGED ACCURACY OF THE LISTINGS, PROPERTY REVIEWS, GUEST BOOK ENTRIES, OR ANY ALLEGED BREACHES OF CONTRACT ON A MEMBER'S PART. Members are solely responsible for ensuring and verifying the accuracy of and keeping their property information up-to-date on the Sites, including, but not limited to any and all representations about the property, its amenities, location, price, and its availability for a specific date or range of dates. WE DO NOT REPRESENT OR WARRANT THAT ANY OF THE COPY, CONTENT, PROPERTY REVIEWS, GUEST BOOK ENTRIES, PROPERTY LOCATION, SUITABILITY, PRICING OR AVAILABILITY INFORMATION PUBLISHED ON THE SITES IS ACCURATE OR UP-TO- DATE EVEN IN THE CASE WHERE PROSPECTIVE TRAVELERS HAVE SEARCHED FOR SPECIFIC SPECIAL OFFERS, DATES, OR TYPES OF PROPERTIES.
We reserve the right to disclose any information as permitted or required by applicable law, regulation or government request if we determine, in our sole discretion, that we are required or obligated to do so, or if it would be in our interests to do so.
We respect the intellectual property rights of others, and OneRooftop does not permit, condone, or tolerate the posting of any content on the Sites that infringes any person's copyright or other intellectual property rights. OneRooftop reserves the right to terminate any member or traveler who infringes a third party's intellectual property rights.
Unsolicited Ideas: From time to time, users may submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply: (1) your submission and its contents will automatically become the property of OneRooftop, without any compensation to you; (2) OneRooftop may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for OneRooftop to review any submission; and (4) there is no obligation to keep any submission confidential. . The purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, website, technologies or marketing strategies, seem similar to any of your submissions, and you agree never to assert or claim that we have violated your intellectual property rights or owe you any form of compensation if any part of our business seems similar in any way to your submissions.
Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, please send us an email at email@example.com. Please provide only specific feedback on our website and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
The Sites may contain links and pointers to other Internet sites, resources, and sponsors of the Sites. Links to and from the Sites to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
IN NO EVENT WILL ONEROOFTOP. OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES (COLLECTIVELY, THE "ONEROOFTOP GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES RELATING TO OR ARISING IN ANY WAY OUT OF, BASED ON, OR OTHERWISE RESULTING, DIRECTLY OR INDIRECTLY FROM (A) THE SITES, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR ANY THIRD PARTY, (D) USE OF THE SITES, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITES BY YOU OR ANY THIRD PARTY OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITES, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITES WITH RESPECT TO THESE TERMS OR THE SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITES. IN ALL EVENTS, OUR AGGREGATE LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE ONEROOFTOP GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED IN ANY WAY TO OR IN CONNECTION WITH THE SITES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00.
THE SITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, IS PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITES, THE CONTENT ON THE SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES ACCESSED THROUGH THE SITES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITES, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES CONCERNING THESE MATTERS, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSIONS TO AND FROM THE SITES ARE NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITES, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITES.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY RELEASE AND FOREVER DISCHARGE THE SITES AND ANY MEMBER OF THE ONEROOFTOP GROUP FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE IN ANY WAY TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY 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."
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD ALL MEMBERS OF THE ONEROOFTOP GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITES OR THE BUSINESS WE CONDUCT ON THE SITES (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITES, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
These Terms and your use of the Sites shall be governed by the laws of the State of California. Any disputes arising out of or relating to the Terms or to services provided by OneRooftop shall be subject to the exclusive jurisdiction and venue of Federal and State Courts located in San Jose California. By using the Sites, you expressly and irrevocably agree to the exercise of personal jurisdiction by such courts over you consistent with these terms. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
The prevailing party in any suit arising out of or relating to these Terms will be entitled to recover its attorney fees and costs.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Sites.
Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to firstname.lastname@example.org. When we need to send you notice, it will be sent to the email address you provide to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing, regardless of whether the mailing is received or signed for.
Changes to the Sites or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Sites at any time, including the availability of any Sites features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Sites without notice or liability.
This version of the Terms became effective as of October 2013. We reserve the right, in our sole discretion, to amend, revise, revoke, alter, or add to these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required. Notification of any amendment will be posted on the Sites and will be effective immediately without further notice to you. If you disagree with any amendment to these Terms, then (i) your sole remedy as a traveler is to discontinue your use of the Sites, and (ii) your sole remedy as a member is to notify us in writing that withhold your consent to the applicability of the proposed amendment to your use of the Sites, in which case your use of the Sites will, upon our receipt of your written notice, continue to be governed by the terms and conditions that were applicable to your use of the Sites during the then current term of your subscription as the same were in effect immediately prior to the amendment, and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
Subscription rates in effect at the time of a member's subscription are subject to change without notice at the member's next subscription renewal or with respect to any additional subscription.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Sites. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms: We may immediately terminate any user's access to or use of the Sites due to such user's breach of these Terms or any other unauthorized use of the Sites. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Sites. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Additional Terms and Conditions Applicable to Our Members
In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
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 these Terms. Each member represents and covenants that all information submitted to us and to the Sites during such member's registration with the Sites shall be true and correct. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Sites, and proof of authority to list the property as we may request.
We assume no duty to review content 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. Site owners are responsible for reviewing and ensuring that any content submitted to the Sites is displayed as the member intended.
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must comply with these Terms. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Sites or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Sites, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Sites from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Any entries in the guest book or property review section of any member's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request.
Payments between members and travelers: We are not a party to any payment transaction between members and travelers. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for subscriptions: Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
Automatic Renewal. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. If such subscription may be purchased by check or another form of payment other than by credit card, such subscription shall not be automatically renewed. This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to cancel you must email email@example.com at any time prior to expiration of the then current term. Upon any such cancellation, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then current term. If your subscription is cancelled at the end of your then current subscription term for any reason and you thereafter desire to renew your subscription, you will be required to pay the then current non-promotional subscription rate to activate a new subscription. If you do not cancel your subscription and you continue to use our subscription service, you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non- promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. If you wish to change your credit card to be charged or if your credit card information otherwise changes, you agree to call Customer Support to provide the new or different credit card information.
You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any rental property you list on the Sites. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Sites, there may be circumstances where we are nevertheless obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
All fees and charges are earned upon receipt and nonrefundable.