- Background. The Service is intended to provide vacation rentals suppliers with a professional and functional web presence. VacAgent keeps complex tech processes behind the curtain and guarantees that user experience will remain simple and code-free.
- Consent and Modification. By using this Service, you signify your assent to these Terms. These Terms apply to all users of the Service. If you do not agree to these Terms then please do not access or otherwise use the Service. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Service thereafter means that you accept those changes.
- Ability to Accept Terms. The Service is intended only for individuals aged eighteen (18) years or older. If you are under the age of 18, please do not visit or use the Service.
- Service Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Service provided that you comply with these Terms and applicable law.
- Restrictions. You shall not: (i) copy, distribute or modify any part of the Service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Service; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Service; (v) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Service; (vii) use the VacAgent name, logo or trademarks without our prior written consent; and/or (viii) use the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
- Account. In order to use some of the services of the Service, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify VacAgent immediately of any breach of security or unauthorized use of your Account. As between you and VacAgent, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to VacAgent at firstname.lastname@example.org. Any Service user, including yourself, who registers an Account is referred to in these Terms as a "Registered User".
Payments and Refunds.
- General. Except as expressly set forth in the Terms, your general right to access the Service hereunder is currently for free, but VacAgent may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Service unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Service.
- Refund Policy. You acknowledge and agree that, except as expressly set forth herein, any fees and/or payments paid by you to VacAgent in connection with your use of the Service and any services that we offer, including without limitation the Booking Service, are non-refundable.
Intellectual Property Rights.
- Content and Marks. The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Service (collectively, the "Materials"), (ii) Service products, services and Software (collectively, "Software"); (iii) User Submissions, as defined below (and together with the Materials and Software, the "Content"), and (iv) the trademarks, service marks and logos contained therein ("Marks"), are the property of VacAgent and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “VacAgent”, the VacAgent logo, and other marks are Marks of VacAgent or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and the Content.
- Use of Content. Content on the Service is provided to you on an 'as is' and 'as available' basis for your information and personal use only (including to buy and sell Referrals and to make Bookings, but solely through the Service) and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- Responsibility. The Service may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You acknowledge that each Referral shall be considered a User Submission. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
- Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize VacAgent to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
- License to User Submissions. By submitting the User Submissions to VacAgent, you hereby grant VacAgent a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service and VacAgent business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
- Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; (viii) is otherwise malicious or fraudulent; or (ix) breaches these Terms.
- Exposure. You understand and acknowledge that when accessing and using the Service: (i) you will be exposed to User Submissions from a variety of sources, and that VacAgent is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against VacAgent with respect to (i) and (ii) herein.
- Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of VacAgent, its users or the public.
- VacAgent permits you to link to the Service provided that: (i) you link to but do not replicate any page on this Service; (ii) the hyperlink text shall accurately describe the Content as it appears on the Service; (iii) you shall not misrepresent your relationship with VacAgent or present any false information about VacAgent and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Advertisements. The Service may display advertisements not operated by VacAgent. We have no control over the content of any advertisements. The existence of an advertisement shall not be construed as an endorsement by VacAgent of the advertisement or its content.
- Copyright Policy. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.vacagent.net/copyright ("Copyright Policy").
- This section applies whether or not the services provided under the Service are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VacAgent HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. VacAgent DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT VacAgent WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE BY A THIRD PARTY.
- VacAgent DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
- YOU SPECIFICALLY ACKNOWLEDGE THAT VacAgent SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICE USER OR OWNER OR HOTEL OR APARTMENT STAFF AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICE USER OR OWNER IN CONNECTION WITH THE SERVICE OR ANY USER SUBMISSION OR ANY BOOKING, YOU AGREE THAT VacAgent IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. VacAgent RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
- Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) VacAgent SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF VacAgent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VacAgent FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO VacAgent FOR USING THE SERVICE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
- Indemnity. You agree to defend, indemnify and hold harmless VacAgent and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Service; (ii) your User Submissions; (iii) your use of Prospective Guest Data which is not in accordance with applicable law (including without limitation all applicable privacy laws); (iv) your interaction with any Service user, Prospective Guest, Guest, Owner or hotel or vacation rental staff; or (v) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by VacAgent or you. VacAgent, in its sole discretion, has the right to terminate these Terms and/or your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). VacAgent shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of the Service. This Section 25 and Sections 14 (Intellectual Property Rights), 15.3 (License to User Submissions), 20 (Privacy), 22 (Warranty Disclaimers), 23 (Limitation of Liability), 24 (Indemnity), 26 (Independent Contractors) to 29 (General) shall survive termination of these Terms.
- Independent Contractors. You and VacAgent are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and VacAgent. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of VacAgent.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by VacAgent without restriction or notification to you.
- Governing Law and Disputes. These Terms and the relationship between you and VacAgent shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that VacAgent may seek injunctive relief in any court of competent jurisdiction.
- General. VacAgent reserves the right to discontinue or modify any aspect of the Service at any time. These Terms shall constitute the entire agreement between you and VacAgent concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 20 Feb 2018
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