Spot Vacation Rentals additional terms and conditions of use agreement for vacation property owners or managers.
1. Personal Information
By registering a vacation property for rental on Spot Vacation Rentals (the “Site”), Property Owners (“Listers”) agree to provide accurate and current information about yourself as prompted by the Spot Vacation Rentals registration process, and maintain and keep current your online profile.
2. Registered Vacation Property and Related Content
By registering a vacation property for rental on the Site:
- Listers represent and warrant that each registered vacation property displays an individual and uniquely identified vacation property for rental. A registered vacation property that is submitted on the Site cannot be an example of the registered vacation property.
- Listers agree to only upload submissions that are the subject of one individual and uniquely identified vacation property for rental. The submission must only describe one registered vacation property. Spot Vacation Rentals reserves the right, in its sole discretion, to amend or remove any submission that attempts to describe two vacation properties in one registered listing. Spot Vacation Rentals may also, in its sole discretion, cancel a Listers membership and registration at any time for such violation, and may choose to retain any membership and registration fees associated with the non-conforming listing as compensation for violating this condition.
- Listers represent and warrant that the registered vacation property listing and any submission related to the vacation property will not contain addresses of foreign Web Sites, HTML, code or other markup languages. Spot Vacation Rentals may, in its sole discretion, remove any HTML, code or other markup languages without notice to the Lister.
- Listers agree to prevent SPAM and discourage email harvesting robots from crawling the Site for email addresses placed in registered vacation property listings. Spot Vacation Rentals may, in its sole discretion, remove any emails not within the proper areas of the registered vacation property listing without notice to the Lister.
- Listers agree and understand that: 1) you will be responsible for adhering to all local regulations including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, and safety compliance; 2) Spot Vacation Rentals is not a property management company; 3) Spot Vacation Rentals is not responsible for Renters of your vacation property; 4) you must provide your own terms and conditions to Renters of the registered vacation property.
- Listers agree and understand that you may cancel any registered vacation property you have listed for rental at any time. If you choose to cancel your registered vacation property, Spot Vacation Rentals reserves the right to remove the registered vacation property from the Site within three business days, or anytime thereafter.
Spot Vacation Rentals Terms and Conditions of Use Agreement
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING Spot Vacation Rentals, YOU AGREE TO THESE TERMS AND CONDITIONS.
1. Welcome
Welcome all Renters, Vacation Property Owners and Managers, and persons interested in vacation rental properties to Spot Vacation Rentals!
Your access to and use of Spot Vacation Rentals (the “Site”) is subject to the following Terms and Conditions of Use (the “Agreement”) and all applicable laws. The Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with Spot Vacation Rentals for products, services, or otherwise.
By accessing, visiting, browsing or using any part of the Site, you are indicating your acknowledgment that you have read, understand and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, or our Privacy Statement or any other policy governing your access to and use of the Site you should immediately terminate your access to or use of the Site. If you have any questions regarding the Agreement or your access to or use of the Site, please contact customer service.
Spot Vacation Rentals reserves the right, from time to time, with or without notice to you, to make changes to the Agreement in our sole discretion. Use of the Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult the Agreement regularly. The most current version of the Agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of every page of the Vacations-Rentals.com Site.
2. Spot Vacation Rentals is a Venue
Spot Vacation Rentals does not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a Vacation Property Owner (“Lister”) of our Site to offer for rent, or rent, in a variety of pricing formats, a specific destination vacation rental property to potential Renters. Spot Vacation Rentals is not involved in the actual transaction between Renters and Listers even though we may from time to time provide tools, and services, such as direct booking and our Verification Seal that enables a Renter to, securely and confidently, enter into a transaction to lease a specific property directly from the Lister of that property. As a result, the quality, safety or legality of the destination vacation property listed, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of Listers to rent vacation property or the ability of Renters to pay for vacation rental properties are solely the responsibility of the Renter and Lister.
3. Privacy Statement
We respect the privacy of our Renters and Listers and encourage you to read our Privacy Statement so that you may make an informed decision about using Spot Vacation Rentals.
4. Access To Spot Vacation Rentals
We do not charge persons interested in vacation rental properties (“Visitors”) to access Spot Vacation Rentals and the resources it has to offer. However, it is a condition of your use of this Site that all information provided to Spot Vacation Rentals in the Property Owner registration process, and in any subsequent communication thereafter, or information provided to a Spot Vacation Rentals Lister about their individual property as a vacation destination, be correct, current, and complete. If Spot Vacation Rentals believes the information you provide in the Property Owner registration process, and in any subsequent communication thereafter, or to a Lister is not correct, current, and complete, Spot Vacation Rentals has the right to refuse you access to this Site or any of its resources and to terminate or suspend your access at any time.
5. Restrictions On Use
You may use this Site for purposes of vacation destination property research, to provide information or make legitimate inquiries to Listers with respect to their individual vacation property, or to contact Spot Vacation Rentals about any question or issue. You may not use this Site for any other purpose not expressly permitted in this Agreement, including any commercial purpose, without Spot Vacation Rentals express prior written consent.
For example, you may not make any false, fraudulent or speculative reservation with a Lister, or make any reservation with a Lister in anticipation of demand. You may not (and may not authorize any other party to): 1) co-brand this Site, or 2) frame this Site, or 3) spider this Site, or 4) hyperlink to this Site, subject to the limited right stated in Section 16 of the Agreement, without the express prior written permission of an authorized representative of Spot Vacation Rentals. For purposes of the Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Spot Vacation Rentals in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
6. Copyright
Unless otherwise indicated, all Site materials, including, without limitation, the Spot Vacation Rentals logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel”, are the proprietary and copyrighted property of Spot Vacation Rentals or its licensors. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for information and non-commercial, personal use only. All reproduced material requires Spot Vacation Rentals copyright notice in the form of “© 2008 Spot Vacation Rentals, Inc. – All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in the Site – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Spot Vacation Rentals is strictly prohibited.
7. Trademarks
Spot Vacation Rentals™, Spot Vacation Rentals™, the Spot Vacation Rentals logo, and any proprietary product or service names contained in this Site are either trademarks or registered trademarks of Spot Vacation Rentals or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Spot Vacation Rentals. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
8. Uploaded Content
A Lister of Spot Vacation Rentals may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.
By uploading a photograph through Spot Vacation Rentals, the Lister is representing and warranting that: 1) he holds all intellectual property rights with respect to each submission, or 2) he has secured the permission of the copyright holder all rights necessary for the photograph to be used in the Listers listing, and 3) that the photograph accurately and fairly represents the subject of the photograph and has not been altered to mislead a Visitor or Renter or other Lister.
9. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, photos, notes, original or creative materials or other information, provided by you in the form of e-mail or submissions to Spot Vacation Rentals shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of its Site.
10. Inappropriate Images or Words
Spot Vacation Rentals reserves the right to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
- photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
- partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
- profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
- any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
11. Claims of Copyright Infringement; Designated Agent
If you believe that any material on this Site infringes upon any copyright that you own or control, or that any link on this Site directs users to another Web Site that contains materials that infringes upon any copyright which you own or control, you may file a notification of infringement with our Designated Agent. Please see notice and procedure for notifying designated agent of claims of copyright infringement.
12. Online Conduct; Repeat Infringer Policy
You agree to use Spot Vacation Rentals only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Spot Vacation Rentals respects the intellectual property of others, and we ask our Listers to do the same. Spot Vacation Rentals may, in appropriate circumstances and at its discretion, terminate the accounts of Listers who infringe the intellectual property rights of others.
13. Guest Book Entries
Any guest book entries provided by previous Renters must be genuine comments relating to the specific destination vacation property visited. Listers are required to provide e-mail addresses of the Renter whose comments are provided in the guest book entry to Spot Vacation Rentals upon request.
14. Content Review
Spot Vacation Rentals may elect to electronically monitor areas of the Site and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property of Spot Vacation Rentals, its independent contractors, service providers, consultants, sponsors, licensors or the public. Spot Vacation Rentals retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, Spot Vacation Rentals or the rights of any third party, or to violate any applicable law.
15. Use by Children
Spot Vacation Rentals Listers do not offer or rent their destination vacation property to children under 18. Listers offer or rent destination vacation property to adults only. By using this Site, you are representing to us, and to our Listers, that you are 18 years old or older. Spot Vacation Rentals will not be liable for any damages that may result from misrepresentation of age by a user of our Site.
16. Indemnity
You agree to defend, indemnify and hold harmless Spot Vacation Rentals, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the Spot Vacation Rentals Web Site or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against Spot Vacation Rentals and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
17. Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Spot Vacation Rentals DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Spot Vacation Rentals DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT Spot Vacation Rentals PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Spot Vacation Rentals DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Spot Vacation Rentals reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Spot Vacation Rentals.
18. Limitation of Liability
IN NO EVENT SHALL Spot Vacation Rentals OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VACTATION-RENTALS.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Spot Vacation Rentals RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Spot Vacation Rentals (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Spot Vacation Rentals’ WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VACATON-RENTAL.COM FOR ACCESS TO OR USE OF THIS WEB SITE.
19. Linking To Spot Vacation Rentals
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Spot Vacation Rentals, its Listers, destination property listings, or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, spider, frame or utilize framing techniques to enclose any Spot Vacation Rentals trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Spot Vacation Rentals express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Spot Vacation Rentals name, trademark or product name without Spot Vacation Rentals’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Spot Vacation Rentals or any third party. Spot Vacation Rentals makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web Sites linking to Spot Vacation Rentals.
20. Third Party Links
Spot Vacation Rentals may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Spot Vacation Rentals does not monitor, nor does it have any control over, any Third Party Content. Spot Vacation Rentals does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Spot Vacation Rentals makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Spot Vacation Rentals Site, you should be aware that Spot Vacation Rentals’ terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
21. Severability and Non-Waiver
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Spot Vacation Rentals to insist upon or enforce strict performance of any of the provisions of the Agreement or to exercise any rights or remedies under the Agreement will not be construed as a waiver or relinquishment to any extent of Spot Vacation Rentals right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
22. Applicable Law
The laws of the State of Georgia will govern and construe the Agreement without giving effect to any conflict of laws provisions to the contrary. By use of the Site, you irrevocably consent for any and all disputes with Spot Vacation Rentals to the venue of the Superior Court of Georgia for the County of DeKalb or the United States District Court for the Northern District of Georgia. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
23. Termination
Notwithstanding any of the provisions in the Agreement, Spot Vacation Rentals reserves the right, without notice and in its sole discretion, to terminate your use and membership of this Site and to block or prevent future access to and use of this Site.
24. Payment
Payment to Spot Vacation Rentals for Listing Vacation Property must be made in US Dollars paid by either major credit and debit cards, or check drawn on a US bank.
25. Questions and Contact Information
General questions or comments about Spot Vacation Rentals’ Site may be directed to Spot Vacation Rentals customer service.
