Effective Date: March 27, 2020
We reserve the right to change the Terms, and modify, add or discontinue any aspect, content or feature of the Site at any time and without notice to you. Your continued use or accessing of the Site following the posting of any changes to the Terms constitutes your acceptance of such changes.
- Agreement. These Terms specify and describe the terms and conditions applicable to your access to and use of the Site. These Terms may be modified at any time by VacayMyWay (the “Company, “we”, “our”, or “us”) upon posting of modified Terms. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms.
- Intended Audience. The Site is intended for adults only. The Site is not intended for any children under the age of 18.
- User Account. To utilize certain portions of the Site, you may be required to register for and establish an account (the “Account”). You represent and warrant that all information provided to us is complete and accurate and that you will maintain its completeness and accuracy on a timely basis. As a registered user, you will establish a username and password. You must maintain the confidentiality and security of your username and password. You understand and agree that you are solely responsible for all actions from your account. You agree to notify us immediately if you believe that your username or password are compromised or that there is unauthorized use of your Account. If your account shows signs of fraud, abuse or suspicious activity, we may close your Account. To contest the freezing or closure of an Account, please contact our customer service.
- Service Use. We grant you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at our discretion and we may terminate your use of the Site at any time. Additionally, you agree not to:
- use the Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate, bypass, or circumvent any measures employed to prevent or limit access to the Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Site for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization.
- Acts Against the Service. You shall not attempt or engage in potentially harmful acts that are directed against the Site including, without limitation, any one or more of the following: (a) logging onto a server or Account(s) that you are not authorized to access; (b) violating or attempting to violate any security features of the Site; (c) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (d) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site; (e) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (f) causing, allowing or assisting machines, bots, or automated service to access or use the Site without our express written permission; (g) tampering with the operation, functionality, or the security of the Site; (h) attempting to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected; (i) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (j) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site; (k) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (l) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site; (m) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; (n) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (o) deep- linking to any portion of the Site without our express written permission; (p) acting illegally or maliciously against the business interests or reputation of us; (q) hyperlinking to the Site from any other website without our initial and ongoing consent; (r) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us; or (s) using the Site or any of its resources to solicit other users of the Site to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site as well as the export of data to your country or residence. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Third Party Content.
(a) Information Accuracy. We make no representation or warranty as to the completeness, accuracy or fitness for use of any information posted via the Site. You understand that we do not and cannot review all material made available through websites linked or linking to any part of the Site. We do not warrant that the Site or any functions contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
(b) Hyperlinks. This Site may contain hyperlinks to other websites maintained by third-parties, or we may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. OUR INCLUSION OF HYPERLINKS TO THIRD-PARTY WEBSITES DOES NOT IMPLY ANY ENDORSEMENT BY US OF THE CONTENT ON SUCH WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS.
(c) If a third-party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third-party has linked to the Site. A website that links to the Site: (i) may link to, but not replicate, our Content; (ii) may not create a browser, border environment or frame our Content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
- Trademarks. You acknowledge our exclusive rights in the trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “VacayMyWay”) that are displayed via the Site(collectively, the “Marks”). You agree not to display or use our Marks in any manner without our prior permission. Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of the Company or the party that provided such intellectual property to us. The Company and any party that provides intellectual property to us retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.
- Intellectual Property Ownership. All content included and displayed on the Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, trade secret, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is the property of the Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the Software used in connection with the Site is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through anySite or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Software, in whole or in part. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause us and our licensors irreparable injury, which may not be remedied at law, and you agree that the Company and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
- Indemnification. You agree to indemnify, defend and hold us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Site.
- Disclaimer. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH US WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH US WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) WE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability. THE COMPANY, ITS EMPLOYEES, AGENTS, MEMBERS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU HAVE PAID TO US THROUGH THE SITE DURING THE PRECEDING TWELVE MONTHS.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
- Applicable Law. You agree that the laws of the State of Delaware, without regard to conflict of laws principles will govern these Terms and any dispute that may arise between you and us. You agree to personal and exclusive jurisdiction by and venue in the State and Federal Courts located in Delaware.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
- Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be in writing and signed by an authorized representative of the Company.
- Modification and Termination of the Site. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any service provided by the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
- Termination of this Agreement. We may terminate these Terms at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall be responsible for its own actions.
- Contact Information. If you have any questions regarding these Terms, please contact us at:email@example.com