By using or accessing VR360FloridaVillas.co.uk or VR360Homes.com (the "Sites"), you acknowledge that you are subject to the following terms and conditions. You should read through these Terms and Conditions carefully; they constitute a legally binding agreement. You are contracting with VR360FloridaVillas.co.uk or VR360Homes.com ("we" or "us"). If you do not fully agree to these Terms, you may not access or otherwise use the Sites.
These Terms apply from July 2009
1. The Site is a Venue.
1.1. WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we enter into any contract concerning any property listed on the Sites. Instead, the Sites acts as a venue to allow a rental home owner (classed as a "member") to offer for rent, or rent, in a variety of pricing formats, a specific holiday rental property to potential renters (each, a "traveller" and, collectively with a member, the "users"). We are not involved in the actual transaction between travellers and members. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent holiday property or the ability of travellers to pay for holiday rental properties are solely the responsibility of the users.
2. Personal Use.
2.1. Although we do charge a fee to members to advertise their holiday rental properties on the Sites, we do not charge travellers to access the Sites and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Sites to, as applicable, advertise holiday rental properties and/or research, view or make legitimate enquiries to members regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms. Any other use of the Sites is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Sites nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.
3. Proprietary Rights and Downloading of Information From the Site.
3.1. The text, files, images, photos, maps and other materials on the Sites (collectively, the "content") are only for your personal use. All content on the Sites, and the Sites themselves, our protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Sites. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental enquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Sites.
4. Responsibility for user-contributed content.
4.1. We have no duty to pre-screen content posted on the Sites by members, travellers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, "user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Sites of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention.
4.2. All property listings on the Sites are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up to date on the Sites, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Sites is accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
5.1. We warrant that the Sites will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Sites, but we cannot and do not guarantee that the Sites will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Sites, any of its features of content, any communication through or relating to the Sites, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Sites or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Sites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Sites or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Sites.
5.2. You acknowledge that any transmission to and from this Sites are not confidential and your communications may be read or intercepted by others.
6.1. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.
7.1. You agree to indemnify any member of the VR360FloridaVillas.co.uk or VR360Homes.com against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Sites; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any rental or other property-related transaction to which you are party or that is entered into in connection with this Sites.
8. No Agency.
8.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Sites.
9. Links to Third-Party Sites.
9.1. The Sites may contain links and pointers to other Internet sites, resources, and sponsors of the Sites. Links to and from the Sites to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
10. Content, Layout and Copy.
10.1. We reserve the right to determine the design, layout and functionality of our Sites.
10.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us.
10.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us.
11.1. All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.
11.2. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
11.3. By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
12. Termination of Advertising
12.1. All listings are sold to run the full term that is chosen by the member. Listings removed at your request prior to the completion of their full term are not subject to a refund.
12.2. We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our offices for us to load or post onto the Sites. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
12.3. If, in our reasonable discretion, any member submits unsuitable material to our Sites or into our database, persistently misuses the Sites or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from the Sites without refund.
12.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from the Sites (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our reasonable discretion, would be considered unfair within the holiday rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Sites without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the sites without notice to the member and without refund.
12.5. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Sites without notice to the member and without refund.