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Community by HomeAway™ Terms and Conditions

VERSION 18  Click to view article history
Created on: Nov 23, 2010 4:12 PM by jennifer - Last Modified:  Jan 12, 2012 4:54 PM by meredith

Community by HomeAway™ Terms and Conditions

By using or accessing the Community by HomeAway™ website (“Community”), you acknowledge that you agree to and are subject to the following Terms and Conditions together with the following:

 

which are collectively referred to as the "Terms"). In the event of a conflict between these Terms and Conditions and any of the other Terms, these Terms and Conditions shall govern with respect to the term(s) that are in conflict.  If you do not fully agree to these Terms, you are not authorized to access or otherwise use Community.

 

User Account

 

1.          Description of User Activities: Community, operated by HomeAway.com, Inc. (“HomeAway®”), provides vacation rental owners, property managers, travelers, vendors and other third parties (each a “user”) with an interactive, user-driven venue to:

  • discuss products and services used by or which would be useful for owners, managers, or travelers when renting a vacation rental;
  • discuss experiences renting a vacation rental or operating a vacation rental business, and;
  • promote best practices for the vacation rental industry (collectively, the “Purpose”).

The Community will provide services in support of the Purpose which may include the facilitation of user registration, user participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, submitting or transmitting materials (including, but not limited to graphics, art, video, audio, text, opinions, etc.) and other services or activities that HomeAway may from time to time choose to provide (collectively, “User Activities”).

2.          Registration Obligations: In order to participate in User Activities you must register and establish a User Account ("Account"). To register an Account you must: (1) be at least eighteen (18) years of age or older, (2) complete the Account registration form by providing true, accurate, current and complete  information (collectively, the "Registration Data") and (3) maintain and promptly update the Registration Data as necessary to keep it  true, accurate, current and complete. If HomeAway suspects that any of your information is untrue, inaccurate, stale or incomplete, we may suspend or terminate your Account and prohibit you from accessing or contributing to any User Activities.

3.           Password and User Name: You will need to enter a password and username and receive Account designations upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities under your Account. You agree to notify HomeAway immediately of any unauthorized use or any other breach of security on your Account. HomeAway will not be liable for any loss incurred as a result of any unauthorized use of a password or Account. You acknowledge and agree that you may be held liable for any damage to or loss incurred by HomeAway or another party due to any use of your Account or password. You agree not to authorize another to use your Account. Unauthorized use of another's Account or password is strictly prohibited.

4.          Account or Access Termination by HomeAway: HomeAway may terminate your Community Account and/or Community access at any time for any reason in its sole and absolute discretion. Reasons for termination may include, but are not limited to (1) actual or apparent violation of the Terms or of any terms and conditions or policies applicable to any HomeAway site or service or those of its affiliates or partners; (2) abuse of Community resources or attempt to gain unauthorized entry to Community or its resources; (3) use of Community in a manner inconsistent with the Purpose; (4) as required by law, regulation, court or governing agency order.  The termination of your access to Community may be effective immediately. HomeAway shall not be liable to any user or other third party for termination of an Account.

 

User-Generated Content

5.          User Content: Community may host or facilitate content provided by users (“User Content”) for User Activities to serve the Purpose. All User Content must comply with the content guidelines and Community Guidelines.

6.          Unauthorized Uses of the Site: The license to use the Community granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without HomeAway's prior permission. Unauthorized uses of Community also include, without limitation: ( i) all uses prohibited on HomeAway.com, as outlined in the Terms and Conditions of HomeAway.com; and (ii) any other use of access of the Community in any way that, in HomAway's sole discretion, adversely affects of could adversely affect the performance or function of the Community of any other system used by HomeAway or the Community.

7.          Responsibility for User Content: All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who posted or transmitted such content. This means that you are entirely responsible for any and all content that you upload, post, share, or otherwise display on Community. HomeAway may designate one or more subject matter “experts” to blog or contribute to Community. The opinions and advice of such “experts” may not reflect the opinion or viewpoint of HomeAway and HomeAway undertakes no obligation to verify such content and disclaims all liability therefore.

8.          Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control and have all legal rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. HomeAway reserves the right to request a proof of ownership or permission, and to refuse to post User Content without such proof or if such proof is, in HomeAway’s sole discretion, insufficient. 

9.          Rejection of User Content: You acknowledge that HomeAway has no duty to pre-screen User Content posted on Community and we are not responsible for User Content.  We do, however, reserve the right to decline to permit the posting on Community of, or to remove from Community, any User Content that fails to meet our Content Guidelines and Community Guidelines or if it otherwise violates these Terms. HomeAway, in its sole discretion, may preserve User Content and may also disclose User Content as permitted by its Privacy Policy. All Community User Content is submitted by users and is the sole responsibility of each contributing user and we specifically make no warranty regarding any User content and disclaim any and all liability arising from any User Content.

10.        License and Rights Granted.  You grant to HomeAway and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, content, intellectual property rights, the photographs and the likenesses (if any) of any User Content you post on Community, together with all rights there in, including but not limited to any search engine optimization benefits or optimizers in any way related to User Content.  Users agree that HomeAway may review and use all User Content for any reason and further give HomeAway the right to link to or frame your User Content and place any content, including ads, around or near your User Content.

11.        Release and Indemnification.  ALL USERS AGREE THAT NEITHER HOMEAWAY OR ANY OF ITS AFFILIATES ENDORSE, ARE AFFILIATED WITH OR OTHERWISE BEAR ANY RESPONSIBILITY FOR ANY USER CONTENT ON ANY PART OF THE COMMUNITY.  HOMEAWAY SHALL HAVE NO RESPONSIBILITY OF LIABILITY WITH RESPECT TO ANY DISPUTES OR OTHER COMMUNICATIONS BETWEEN USERS. EACH USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, AS PROVIDED UNDER THE TERMS AND CONDITIONS POSTED ON HOMEAWAY.COM AT http://www.homeaway.com/info/about-us/legal/terms-conditions.

 

Vendor Showroom

12.     Venue for Vendors. In furtherance of supporting the Purpose, HomeAway may provide a dedicated area of Community for vendors to promote products, offer demonstrations, schedule online meetings, and interact with users of the Community (the "Vendor Showroom").  In order to be included in the Vendor Showroom, a vendor’s product or service must be related to the Purpose of Community. The Vendor Showroom shall be a permissible promotional use of the Community. Each vendor must supply the following information about its company or business and products:

  a. Number of years the vendor has been in business;

  b. Company contact information including address for principal place of business;

  c. Product descriptions; and

  d. Product key features;


13.     Vendor Linking and Content Restrictions. Vendors must adhere to the following:

  a.  Linking Arrangements

I.  Vendors may add a link to the Vendor Showroom if and only if the vendor reciprocates and adds a link back to the HomeAway.com homepage (www.homeaway.com); however, vendor may not refer to HomeAway in any other way or imply any connection or affiliation with HomeAway or any of its affiliates without prior express written consent from HomeAway;

II.  A reciprocal link to the HomeAway.com homepage may not include a “no follow” tag and may not be included in an iFrame;

III.  Should a vendor not include a reciprocal link to the HomeAway.com homepage, their link in the Vendor Showroom will be removed, contain a  “no follow tag” or vendor's content in the Vendor Showroom may be completely removed;

IV. Vendors may link to any page on their own business website, provided such site does not violate the Terms;

V.  Vendors may only use their company name as anchor text within a link;

VI. All links must be in HTML; and

VII. Vendors are not permitted to use Java script in the Vendor Showroom.

  b. Duplicate Content

I. Vendor-contributed content to the Vendor Showroom should be unique and not duplicate of content on a vendor’s own personal/commercial site.

 

14.     Vendor Obligations. To be included in the Vendor Showroom, Vendors must further the purpose and participate on the Community by, for example, submitting news items (for attribution), responding to requests from Community users for a vendor’s viewpoint on the types of products vendor offers or industry trends on which vendor is knowledgeable, responding to polls that measure vendor consensus or forecasts regarding matters of importance to the industry, and/or helping develop product feature sets that allow users to compare and rate competing products.

 

Vendors acknowledge and agree to receive ratings, reviews and/or commentary from users and hereby release HomeAway from any liability or responsibility related to those ratings, reviews, and/or commentary.

 

Vendors further agree to:

 

a. Clearly identify themselves as a vendor when participating in User Activities;

b. Conduct themselves with honesty, fairness, taste and decorum;

c. Be respectful of other vendors and users;

d. Refrain from submitting negative comments about their competitors;

e. Refrain from removing any HomeAway proprietary notice, content or any User Content of another User;

f. Refrain from implying any endorsement or sponsorship by HomeAway;

g. Refrain from collecting any data from any User or other third party or enabling a proxy or any other mechanism for collecting such data;

h. Refrain from posting any advertisement or other content from any third party;

i. Refrain from any advertising practices that may be considered misleading, deceptive, or distasteful; and

j. Refrain from entering into or executing any transactions or agreements relating to the business or products (or otherwise) outside of the Community (no registration forms, payment widgets, or other arrangements for business transactions are allowed on the Community).


15.     No Sponsorship or Endorsement. The Vendor Showroom is simply a venue for vendors to contribute to the Purpose. HomeAway does not support or endorse the vendors or the vendor products or services and is in no way affiliated with such third parties. HomeAway is not responsible for vendor’s actions or participation on Community and, should you choose to transact with a vendor, that transaction will not be governed by these Terms.

 

General:

These Terms and Conditions were last updated on November 23, 2011.  HomeAway reserves the right to change these Terms and Conditions at anytime without prior notice and such revised Terms and Conditions will become binding on all Users when posted.  HomeAway further reserves the right to change or cease operating any aspect of the Community at any time without prior notice. 

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