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Welcome to Worldvacationrentals Subscription Services for residential
property owners and managers ("Property Managers"). Hereinafter the "Terms"
"Worldvacationrentals, " "Worldvacationrentals Rent Payment Service," "we,"
"us" and "our" all refer to Worldvacationrentals. The "Terms" "Property
Manager", "you" and "your" are used to refer to the party who is entering
into a contract with Worldvacationrentals for the Subscription Services.
1. Acceptance of the Terms
Worldvacationrentals provides the Subscription Services to you, subject
to the following "Terms" of Use ("Terms"), which may be updated by us from
time to time without notice to you; provided that, we will not alter Section
7 ("Content Submitted to Worldvacationrentals Subscription Services") without
prior notice to and acceptance by you. You can review the most current
version of the "Terms" at any time on our Site. Please note that other
Worldvacationrentals services, outside of Worldvacationrentals Subscription
Services, may be governed by a different "Terms" of Use.
2. Description of the Services
Worldvacationrentals Subscription Services currently provides residential
property owners with access to a collection of online resources and communications
services, including individual Web page hosting services. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Services, including the release of new Services resources, shall be subject
to the "Terms". To use the Services, you must obtain access to the Internet.
Worldvacationrentals is not a party to, or obligated under, any transaction
or rental agreement between you and any renter or prospective renter.
As part of the Services, Worldvacationrentals may make available a variety
of content through the Site prepared by itself or third parties. This content
is for informational purposes only and is not intended as tax, legal or
investment advice.
3. Your Obligation
In consideration of your use of the Services, you will:
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provide true, accurate, current and complete information about yourself
and your business as prompted by the Services' registration form (such
information being the "Registration Data")
- maintain and promptly update the Registration Data to keep it true,
accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current,
or Worldvacationrentals has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Worldvacationrentals
has the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
You will pay all subscription, service and use fees associated with the
Services ("Fees") by credit card on or before the due date. We reserve the right to change the Fees, in our sole discretion,
upon notice to you, which notice may be given by posting any change in
Fees in the Pricing Package area of the Worldvacationrentals Web site (www.worldvacationrentals.net)
(the "Site"). Any change in Fees shall be effective thirty (30) days after
we post the Change in Fees notice and shall affect Fees that are due in
the calendar month that is immediately subsequent to the end of the thirty-day
period. You are responsible to pay taxes, if any, levied now or in the
future, that are applicable to your use or receipt of the Services. You
will pay all costs (including, but not limited to, attorneys' fees), if
any, we incur in collecting overdue fees from you.
4. Worldvacationrentals Information Disclosure and Privacy Policy
As part of the Services, we will make your property listings and all personally
identifiable information related to such information available to third
parties. In addition, we may disclose to third parties certain aggregate
information contained in your Registration Data or your property listings
or related data, provided that, such information will NOT include personally
identifying information, except as specifically authorized by you or in
the good faith belief that such action is reasonably necessary to comply
with the law, legal process, to enforce the "Terms", or under any of the
other circumstances set forth in our privacy policy, as may be amended
from time to time. For more information, please see our full privacy policy
here.
5. Property Manager Conduct
All information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not Worldvacationrentals,
are entirely responsible for all Content that you upload, post or otherwise
transmit via the Services. Worldvacationrentals does not control the Content
posted via the Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Services, you may be exposed to Content that is offensive, indecent or
objectionable.
You will post Content related solely to rental properties that you own
or manage. You will keep all available property listings current and you
will accurately describe all property or community features and "Terms".
Your Content will not be inaccurate, misleading or inflammatory. Your Content
will comply with the laws, regulations and ordinances. You will not mischaracterize
the relationship between you and Worldvacationrentals or imply that Worldvacationrentals
is a party to, or obligated under, any agreement between you and any third
party.
You will not use the Services to:
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Upload, post or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, torturous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
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Impersonate any person or entity, including, but not limited to, a
Worldvacationrentals official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images (those
not linked to from another accessible page);
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Upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
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Upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
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Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas of the Services that are designated for such purpose;
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Upload, post or otherwise transmit any content that requires membership
or payment to access any or all of the content posted. This includes,
but is not limited to, use of Services by fee-based services, rental locator
services, or any other company that requires additional fees or obligations
to access content or information;
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Upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
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Interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
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Intentionally or unintentionally violate any applicable local, state,
national or international law, regulation or ordinance;
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"Stalk" or otherwise harass another;
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Promote or provide instructional information about illegal or harmful
activities;
- Use your Public Office home page (or directory) as storage for remote
loading or as a door or signpost to another home page, whether inside
or beyond Worldvacationrentals Subscription Services.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data into other countries or the country in which you reside.
7. Content Submitted to Worldvacationrentals Subscription Services
Worldvacationrentals does not claim ownership of the Content you place
on the Internet or otherwise submit through the Services. By submitting
Content to Worldvacationrentals you grant Worldvacationrentals the world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and
publish the Content solely for the purpose of displaying, distributing
and promoting your rental property listings on Worldvacationrentals's Internet
properties.
Worldvacationrentals does not pre-screen Content, but Worldvacationrentals
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via the
Services. Without limiting the foregoing, Worldvacationrentals and its
designees shall have the right to remove any Content that violates the
"Terms" or is otherwise objectionable. You must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
8. Indemnity
You will indemnify, protect, defend and hold Worldvacationrentals, and
its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
Content, your use of the Services, your connection to the Services, your
violation of the "Terms", or your violation of any rights of another.
9. No Resale of Services
You will not reproduce, duplicate, copy, sell, resell or exploit any portion
of the Services, use of the Services, or access to the Services.
10. General Practice regarding Use and Storage
Worldvacationrentals may establish general practices and limits concerning
use of the Services.
11. Modifications to Services
Worldvacationrentals reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Services (or
any part thereof) with or without notice. You agree that Worldvacationrentals
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services.
12. Termination
You agree that Worldvacationrentals, in its sole discretion, may terminate
your password, your access to Worldvacationrentals Subscription Services
Site, use of the Services or use of any other Worldvacationrentals services,
and remove and discard any Content within the Services, for any reason,
including, without limitation, for lack of use or if Worldvacationrentals
believes that you have violated or acted inconsistently with the letter
or spirit of the "Terms". Worldvacationrentals may also in its sole discretion
and at any time discontinue providing the Services, or any part thereof,
with or without notice. Any termination of your access to the Services
under any provision of this "Terms" may be effected without prior notice,
and acknowledge and agree that Worldvacationrentals may immediately deactivate
or delete all related information and files in related to your account
and/or bar any further access to such files or the Services. Further, Worldvacationrentals
shall not be liable to you or any third-party for any termination of your
access to the Services.
All advertisements are sold to run the full period that is chosen by the property owner or manager.
You may request that your advertisement shall be taken offline before the advertising period elapsed,
however no refund will be made.
13. Links
The Services may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Worldvacationrentals has no
control over such Web sites and resources, Worldvacationrentals is not
responsible for the availability of such external Web sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such Web
sites or resources. You further acknowledge and agree that Worldvacationrentals
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or Services available on or through
any such Web site or resource.
14. Forms
The Services allow you to access forms ("Forms") prepared by third parties,
such as apartment or rental property associations. You are responsible
for verifying the accuracy of the Forms and determining whether the Forms
are appropriate for your intended use. Worldvacationrentals has no responsibility
for the Forms and shall not be liable directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of
or reliance on any such Forms.
15. Worldvacationrentals Proprietary Rights
The Services and any necessary software used in connection with the Services
("Software") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Content contained in
sponsor advertisements or information presented to you through the Services
or advertisers is protected by copyrights, trademarks, Services marks,
patents or other proprietary rights and laws. Except as expressly authorized
by Worldvacationrentals or advertisers, you will not modify, rent, lease,
loan, sell, distribute or create derivative works based on the Services
or the Software, in whole or in part.
Worldvacationrentals grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Services. You agree not to access
the Services by any means other than through the interface that is provided
by Worldvacationrentals for use in accessing the Services.
16. Disclaimer of Warranties
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Your use of the Services and Content is at your sole risk;
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The Services are provided on an "as is" and an "as available" basis;
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Worldvacationrentals expressly disclaims all warranties of any kind,
whether expressed or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, course
of dealing or usage of trade and non-infringement;
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Worldvacationrentals makes no warranty that:
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The Services will meet your requirements;
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The Services will be uninterrupted, timely, secure (beyond any security
guarantees of Verisign, our third-party SSL provider, which is extended
to our Site users), or error-free;
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The results that may be obtained from the use of the Services will
be accurate or reliable;
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The quality of the products, services, information, or other material
purchased or obtained by you through the Services will meet your expectations;
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Any errors in the software will be corrected;
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That any third party will perform as promised;
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Any material downloaded or otherwise obtained through the use of the
Services is done at your own discretion and risk, and you will be soley
responsible for any damage to your computer system or loss of data that
results from the download of any such material;
- No advice or information, whether oral or written, obtained by you
from Worldvacationrentals or through or from the Services shall create
any warranty not expressly stated in the "Terms".
To the fullest extent permitted under applicable law, Worldvacationrentals
disclaims any and all such warranties.
17. Limitation of Liability
Worldvacationrentals shall not be liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited
to, damages or loss of profits, goodwill, use, data, or other intangible
losses (even if Worldvacationrentals has been advised of the possibility
of such damages) resulting from:
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The use or the inability to use the Services;
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The cost of procurement of substitute goods and services;
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Unauthorized access to or alteration of your transmissions or data;
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Statements or conduct of any third party on the Services;
- Any other matter relating to the Services. trademark, trade
secret, copyright or other proprietary rights of any party;
Further, Worldvacationrentals shall not be liable for any loss resulting
from failure of electronic or mechanical equipment or communication lines;
telephone or other interconnectivity problems; bugs, errors, configuration
problems, or incompatibility of computer hardware or software; failure
or unavailability of Internet access, problems with Internet service providers
with intermediate computer or communications networks or facilities; problems
with data transmission facilities of your telephone or telephone service;
or unauthorized access, theft, operator errors, severe weather, earthquakes,
acts of God, acts of war or labor disputes. Worldvacationrentals is not
responsible for any damage to your computer, software, modem, telephone
or other property resulting from your use of the Services.
You further agree that Worldvacationrentals shall not be liable to you
or any other third party for any information submitted to you by a renter
or prospective renter or for the suitability of qualification of any renter
or prospective renter.
18. General Release
Because Worldvacationrentals is not involved in transactions between property
managers and renters or any third parties, if a dispute arises between
one or more Web site or Services users, each of you release Worldvacationrentals
(and its agents and employees) from claims, demands, and damages (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.
19. Notice
Notices to you may be made by e-mail, fax or regular mail. Worldvacationrentals
may also provide notices of changes to the "Terms", Services or other matters
by displaying notices or links to notices to you generally on the Site.
20. General Information
The "Terms" constitute the entire agreement between you and Worldvacationrentals
and govern your use of the Services, superceding any prior agreements between
you and Worldvacationrentals. You also may be subject to additional "Terms"
and conditions that may apply when you use other Worldvacationrentals services,
third-party content or third-party software. The "Terms" and the relationship
between you and Worldvacationrentals shall be governed by the laws of the
federation of Saint Kitts and Nevis without regard to its conflict of law provisions. You and
Worldvacationrentals agree to submit to the personal and exclusive jurisdiction
of the courts located within the Federation of Saint Kitts and Nevis. The failure of Worldvacationrentals
to exercise or enforce any right or provision of the "Terms" shall not
constitute a waiver of such right or provision. If any provision of the
"Terms" is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the "Terms" remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Services or the "Terms"
must be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the "Terms" are for convenience
only and have no legal or contractual effect.
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