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Terms and Conditions
e-accommodation Subscription Services Terms of Use
Welcome to e-accommodation Subscription Services for accommodation
property owners and managers ("Property Managers").
Hereinafter the "Terms" "e-accommodation, "
"e-accommodation Rent Payment Service," "we,"
"us" and "our" all refer to e-accommodation.
The "Terms" "Property Manager", "you"
and "your" are used to refer to the party who is entering
into a contract with e-accommodation for the Subscription Services.
1. ACCEPTANCE OF TERMS
e-accommodation 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 e-accommodation 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 e-accommodation services, outside of accommodation
Subscription Services, may be governed by a different "Terms"
of Use.
2. DESCRIPTION OF SERVICES
e-accommodation Subscription Services currently provides accommodation
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. e-accommodation
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, e-accommodation 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 OBLIGATIONS
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 accommodation
property.;
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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 e-accommodation has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
e-accommodation 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 once your customer
has paid you for rental. At this stages our fees are 10% of each booking generated
from your advertisement on e-accommodation. Alternatively,you may authorize e-accommodation
to charge your credit card or bank checking account for the amount of any
Fees you owe. 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 e-accommodation Web site (www.e-accom.com)
(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 from business generated from e-accommodation. 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. e-accommodation 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 e-accommodation, are entirely responsible
for all Content that you upload, post or otherwise transmit via
the Services. e-accommodation 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 e-accommodation or imply that
e-accommodation 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 e-accommodation 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;
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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
e-accommodation 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 e-accommodation SUBSCRIPTION SERVICES
e-accommodation does not claim ownership of the Content you place
on the Internet or otherwise submit through the Services. By submitting
Content to e-accommodation you grant e-accommodation 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 e-accommodation#39;s
Internet properties.
e-accommodation does not pre-screen Content, but e-accommodation
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,
e-accommodation 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 e-accommodation,
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 PRACTICES REGARDING USE AND STORAGE
e-accommodation may establish general practices and limits concerning
use of the Services.
11. MODIFICATIONS TO SERVICES
e-accommodation 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 e-accommodation 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 e-accommodation, in its sole discretion, may terminate
your password, your access to e-accommodation Subscription Services
Site, use of the Services or use of any other e-accommodation
services, and remove and discard any Content within the Services,
for any reason, including, without limitation, for lack of use
or if e-accommodation believes that you have violated or acted
inconsistently with the letter or spirit of the "Terms".
e-accommodation 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 e-accommodation
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, e-accommodation shall
not be liable to you or any third-party for any termination of
your access to the Services.
13. LINKS
The Services may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because e-accommodation
has no control over such Web sites and resources, e-accommodation
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 e-accommodation 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. e-accommodation 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. e-accommodation 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 e-accommodation 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.
e-accommodation 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 e-accommodation 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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e-accommodation 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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e-accommodation 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;
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No advice or information, whether
oral or written, obtained by you from e-accommodation or through
or from the Services shall create any warranty not expressly
stated in the "Terms".
To the fullest extent permitted under applicable law, e-accommodation
disclaims any and all such warranties.
17. LIMITATION OF LIABILITY
e-accommodation 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;
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Any other matter relating to the
Services. trademark, trade secret, copyright or other
proprietary rights of any party;
Further, e-accommodation 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. e-accommodation 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 e-accommodation 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 e-accommodation 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 e-accommodation (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. e-accommodation
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 e-accommodation and govern your use of the Services, superceding
any prior agreements between you and e-accommodation. You also
may be subject to additional "Terms" and conditions
that may apply when you use other e-accommodation services, third-party
content or third-party software. The "Terms" and the
relationship between you and e-accommodation shall be governed
by the laws of the United Kingdom without regard to its conflict
of law provisions. You and e-accommodation agree to submit to
the personal and exclusive jurisdiction of the courts located
within the United Kingdom. The failure of e-accommodation 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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