Terms & Conditions
Vreasy provides an online platform designed to help vacation rental owners and property managers (collectively known as “Owners”) create and manage vacation rental properties.
By accessing this site, you are agreeing to the Terms and Terms of Service as stated in this agreement.
“Accommodation” means vacation rental properties or any other type of property that rents on a short-term basis to different parties (known as a “Guest”).
“Authorized Users” Unless otherwise noted in Exhibit A, Vreasy grants Owner a renewable, nonexclusive royalty-free and worldwide right for the Owner or any of the Owner’s employees, contractors, or agents, or any other individual or entity authorized by Owner to access and use the Services.
“Booking” is a confirmed agreement between a Guest and Owner that provides a specific Accommodation for the Guest for a specified period of time at an agreed price.
“Vreasy Content” means all Content that Vreasy makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Owner Content.
“Collective Content” means Owner Content and Vreasy Content.
“Communication” means an email, message via the Application, text message, or message to message account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means an individual or group who requests from an Owner a Booking of a vacation rental property via the Site, Application or Services, or a Owner who stays at an Accommodation and is not the Owner for the associated Listing.
“Listing” means an Accommodation that is listed by an Owner as available for Booking via the Site, Application, and Services or through a Third Party.
“Member” means a person who completes Vreasy’s account registration process, including but not limited to vacation rental owners and property managers as described under “Account Registration” below.
“Owner” is a person or entity that has the legal right to market a vacation rental property.
“Owner Content” means all Content that a Owner posts, uploads, publishes, submits, transmits, or includes in their Listing, and Owner profile.
“Owner Site” cover any publication of an Owner Listing, including an specific web site dedicated to the Listing or a Third Party site such as HomeAway, booking.com, AirBnB, or any channel that advertises places to rent.
“Services” means all the online, Web-based applications and platforms provided by Vreasy and/or other designated websites as described in the User Guide, that are ordered by Owner as part of the Service, including associated offline components but excluding Third Party Applications; all support of Vreasy applications including customer support, Guidal, Splendids, and Concierge as outlined in the quotation below or any future quotation that is accepted by the Owner.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to Authorized User’s use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, neither you nor any Authorized user has any right to obtain information from or otherwise continue using the Site, Application, or Services. Failure to use the Site, Application, or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION, AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS CREATE AND MANAGE ACCOMMODATION LISTINGS WHERE GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT VREASY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND GUESTS, NOR IS VREASY A REAL ESTATE BROKER, AGENT, OR INSURER. VREASY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, GUESTS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, OR ANY ACCOMMODATION, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO USE VREASY PLATFORM AND SERVICES, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH VREASY IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF VREASY FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF VREASY. VREASY DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF VREASY, INCLUDING BY INAPPROPRIATELY USING ANY VREASY INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity that you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity, its employees, contractors, or agents, or any other individual or entity authorized by the entity to access and use the Services.
Vreasy reserves the right, at its sole discretion, to modify the Site, Application, or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application, or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services. If you do not close your Vreasy Account you will be deemed to have accepted the changes.
The Site, Application, and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application, or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Site, Application, and Services, you must register to create an account (“Vreasy Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
As part of the functionality of the Site, Application, and Services, you may link your Vreasy Account with Third-Party Accounts such as HomeAway, TripAdvisor or others, by either: (i) providing your Third-Party Account login information to Vreasy through the Site, Services or Application; or (ii) allowing Vreasy to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. If you have purchased a subscription for a Third Party Listing through the Service, you are required to have an active subscription for the Service in order to use the Third Party Listing. Any Third Party Listing purchased through the Service will need to be managed solely through the Service, and not on the third party site. You represent that you are entitled to disclose your Third-Party Account login information to Vreasy and/or grant Vreasy access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Vreasy to pay any fees or making Vreasy subject to any usage limitations imposed by such third-party service providers. By granting Vreasy access to any Third-Party Accounts, you understand that Vresy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Vreasy Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Vreasy Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Vreasy’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Application and Services. You have the ability to disable the connection between your Vreasy Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Vreasy makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Vreasy is not responsible for any SNS Content.
Your Vreasy Account will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Vreasy Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vreasy reserves the right to suspend or terminate your Vreasy Account and your access to the Site, Application, and Services if you create more than one (1) Vreasy Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Vreasy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Vreasy will not be liable for any loss or damage arising from your failure to comply with this Section.
Neutral Venue; Warnings: Vreasy does not own or manage the properties listed on our Services or any Owner Site; we are a neutral venue that allows Owners to create and manage Owner Listings and helps Guests book properties through Owner Sites or Third Party Sites. Accordingly, we cannot guarantee nor be responsible for the condition of the properties listed on the Services, the truth or accuracy of the sites, the right of users to offer a property for rental or the ability of other users to pay for any rental. Vreasy does not endorse any user, property or listing, verify the identity of or information provided by any user or perform background checks or property inspections of any kind. Vreasy will have no liability or responsibility with respect to your interactions with any other user, including any personal injury or damage that occurs at a property listed through the Services. YOU ASSUME ALL RISKS ASSOCIATED WITH POSTING AND/OR RELYING ON LISTINGS, RENTING PROPERTIES AVAILABLE THROUGH THE SERVICES OR OTHERWISE INTERACTING WITH OTHER USERS OF THE SERVICES.
Service fees and Other fees
In consideration for the use of Vreasy’s Site, Application, and Services, Vreasy charges Service Fees. Vreasy collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) with respect to the Services provided.
If you create an Owner listing via the Services, you represent and warrant that (a) you have all necessary rights and authority to offer for rent and to rent the property, (b) that each property is appropriately insured and free of any known safety hazards, and (c) that your Owner listing will accurately describe the applicable property and will not misrepresent or fail to disclose material information regarding such property. If you create an Owner listing via the Service, you further agree that you will comply with all laws applicable to the advertisement of property rentals and the conduct of your rental business, including but not limited to laws related to taxes, permits or licenses, zoning, safety and anti-discrimination and fair housing
Cancellations, Chargebacks, and Refunds
Guests may cancel requested bookings before the booking is confirmed by an Owner. If a requested booking is not confirmed by the applicable Owner, any amounts collected by Vreasy will be refunded to such Guest. Once a booking is confirmed by the Owner, cancellations will be subject to the cancellation policy of the Owner contained in the applicable listing. Vreasy’s ability to refund fees will depend upon the terms of the applicable cancellation policy. Owners are responsible for any chargebacks by Guests that have stayed at their properties. If a chargeback is initiated by a Guest that results in a deduction of fees received by Vreasy for a stay at an Owner’s property, Vreasy will charge the Owner for the amount of the deducted fees, and Owner agrees to pay such fees.
Contractual relationships between Guests and Owners
We are not a party to any rental agreement between our users, and Owners and Guests acknowledge and agree that they will be required to enter into separate agreements with each other related to renting properties on any Owner Listing. Each Owner and Guest that enters into a transaction via an Owner Listing or otherwise through the Service will be subject to the terms and conditions of such separate agreement. Vreasy disclaims all liability arising from or related to any such agreements. Owners, not Vreasy, are responsible for honoring any confirmed bookings for properties, and Guests are responsible for paying for any bookings.
Vreasy’s online platform facilitates Bookings between Guests and Owners who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Vreasy platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
Modifications to Service
Vreasy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vreasy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. General Practices Regarding Use and Storage: You acknowledge that Vreasy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Vreasy’s servers on your behalf. You agree that Vreasy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Vreasy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Vreasy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In addition, you are solely responsible for all listings, images, video, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:.
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
as an Owner, create any Listing with a Third Party Site with false or misleading information, including price information, or with a price that you do not intend to honor;
register for more than one Vreasy Account or register for an Vreasy Account on behalf of an individual other than yourself;
post, upload, publish, submit or transmit any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Vreasy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Vreasy or its users to any harm or liability of any type;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
interfere with or damage our Site, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
stalk or otherwise harass another user;
solicit personal information from anyone under the age of 18; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Vreasy has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Vreasy may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Vreasy Account, for a violation of this Section or these Terms.
Vreasy may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Vreasy or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Vreasy, its users, or members of the public. You acknowledge that Vreasy has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Vreasy reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Vreasy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States and European Union export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of these export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Third Party Material
Under no circumstances will Vreasy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Vreasy does not pre-screen content, but that Vreasy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Vreasy and its designees will have the right to remove any content (including without limitation your listings) that violates these Terms of Service or is deemed by Vreasy, in its sole discretion, to be otherwise objectionable. You agree that 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.
User Content Transmitted Through the Service
With respect to the listings, content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Vreasy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Vreasy are non-confidential and Vreasy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Vreasy has no control over such sites and resources and Vreasy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Vreasy will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Vreasy is not liable for any loss or claim that you may have against any such third party. You may be subject to (and you agree to comply with) additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include your data; Our Confidential Information shall include the Site, Application, and Services; and Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than your data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party as public prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party as public without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify your data, (b) disclose your data except as compelled by law or as expressly permitted in writing by you.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Vreasy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Vreasy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Vreasy.
The Vreasy name and logos are trademarks and service marks of Vreasy (collectively the “Vreasy Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Vreasy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Vreasy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Vreasy Trademarks will inure to our exclusive benefit.
Vreasy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Vreasy of your infringement claim in accordance with the procedure set forth below.
Vreasy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Vreasy’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
7800 N MoPac
Austin, TX 78759
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Vreasy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Vreasy has adopted a policy of terminating, in appropriate circumstances and at Vreasy’s sole discretion, users who are deemed to be repeat infringers. Vreasy may also at its sole discretion limit access to the Service and/ or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
Indemnity and Release
You agree to release, indemnify and hold Vreasy and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VREASY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VREASY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VREASY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VREASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY LISTINGS OR ANY STAYS AT ANY PROPERTIES; (VI) ANY DISPUTES BETWEEN USERS OF THE SERVICE; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VREASY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VREASY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Vreasy’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Austin, Texas before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Vreasy, in its sole discretion, may suspend or terminate your account (or any part thereof, including without limitation your listings) or your use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if Vreasy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Vreasy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Vreasy may immediately deactivate or delete your account and all related information and files in your account (including without limitation any of your listings) and/or bar any further access to such files or the Service. Further, you agree that Vreasy will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Vreasy will have no liability or responsibility with respect thereto. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Vreasy with respect to such actions or omissions. This limitation shall not apply to any claim by an Owner against Vreasy regarding the remittance of payments received from a Guest by Vreasy on behalf of an Owner, which instead shall be subject to the limitations described in the section entitled “Limitation of Liability.” Vreasy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Vreasy and govern your use of the Service, superseding any prior agreements between you and Vreasy with respect to the Service. These Terms of Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Vreasy agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Austin County, Texas. The failure of Vreasy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Vreasy, but Vreasy may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.