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Version Comparison: Community by HomeAway™ Terms and Conditions

Comparing: Revision 7 » Revision 8


 
 
Color Key: Addition Deletion Change
Revision 7   By jennifer at 2 years, 5 months ago Revision 8   By tkeeton at 2 years, 5 months ago

These Terms of Service for the HomeAway Community Account and Content Submission Agreement ("TOS") are required to be accepted before you may create an account and contribute content to this site (the Community pages of www.homeaway.com, referred to as the “Community Site” and, together with the rest of www.homeaway.com, referred to as the “Site) and, together with the terms and conditions and privacy policy of HomeAway.com (collectively, with the TOS, the "Terms") govern your use of the Site. Use of the Site constitutes full acceptance of and agreement to the Terms; if you do not accept you are not granted rights to use the Site as defined herein, and should immediately cease use of the Site.


User Account

  1. Description of User Activities: The Community Site is operated by HomeAway.com, Inc. (“HomeAway”), for the purpose of promoting products and services of HomeAway and its affiliates, and to provide you with a user-driven community. The Community Site may provide such services and activities that include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, submitting or transmitting materials (including, but not limited to graphics, art, video, audio, text, opinions, etc.) and other services or activities as determined by HomeAway from time to time and provided on the Community Site (collectively, “User Activities”).
  2. Registration Obligations: In order to participate in the Community Site's User Activities you must register and establish a User Account ("Account"). To register you must: (1) be at least 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 has reasonable grounds to suspect that any of your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and prohibit any and any current or future use of the Community Site (or any portion thereof) by you.
  3. Password and User Name: You will need to enter a password and username and receive Account designations upon completing the registration processes. 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.com, Inc. immediately of any unauthorized use or any other breach of security on your Account. HomeAway.com, Inc. will not be liable for any loss incurred as a result of an unauthorized use of a password or Account. However, you could be held liable for losses incurred by HomeAway.com, Inc. or another party due to an unauthorized use of your Account or password. Unauthorized use of another's Account or password is strictly prohibited.
  4. Account or Access Termination by HomeAway: HomeAway may terminate your Account and/or access to the Site or any site of any HomeAway affiliate at its absolute discretion and for any reason. Reasons for termination can include, but are not limited to, the following: (1) violation of the Terms or of any terms and conditions or policies applicable to any site or service of HomeAway or its affiliates or partners that you use; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site or Site resources; (3) use of the Site or the site of any HomeAway affiliate or any service provided by HomeAway or any of its affiliates or partners in a manner inconsistent with their respective purposes; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.  The termination of your access to any or  he entire Site may be affected without notice and, on such termination; HomeAway.com, Inc. may immediately deactivate or delete your Account and/or bar any further access. HomeAway.com, Inc. shall not be liable to any user or other third party for any termination of a Registration or Account.
  5. Disclaimer for Contributed Content: HomeAway may designate one or more experts  to blog or contribute to the Community Site. The opinions and advice of such experts may not reflect the opinion or advice of HomeAway and HomeAway undertakes no obligation to verify such      content and disclaims all liability therefore.

 

User Generated Content

  1. User Content: The Community Site may host or facilitate User Activities for the purpose of allowing users to share content, ideas and materials publicly (the "User Content"). Use of these services and activities is limited to registered Account holders in compliance with these TOS. All User Content is governed by the Terms, including the content guidelines and privacy policy.
  2. Responsibility for User Content: All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for any and all Content that you upload, post, share, or otherwise display via the Community Site.
  3. Warrant and Representations on User Content: By posting or submitting User Content you warrant and represent that you own or otherwise control and have all legal rights to any and all of the 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 not, at its sole discretion, sufficient. 
  4. Rejection of User Content: You acknowledge that HomeAway may or may not screen User Content submitted, as determined in its discretion. Any such screening will be for the purpose of reviewing the User Content to enforce compliance with the Terms. HomeAway and its designees retain the right, at HomeAway’s discretion, to screen and remove any User Content from the Site. Without limiting the foregoing, HomeAway.com, Inc. reserves the right to refuse or delete any User Content of which it becomes aware and at its sole discretion deems in violation of the Terms or otherwise inappropriate for the Site. HomeAway, in its sole discretion, may preserve User Content and may also disclose User Content as permitted by its privacy policy. HomeAway assumes no responsibility or obligation to screen or otherwise control the User Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will HomeAway be      liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.

All other terms and conditions of the Terms and Conditions, Privacy Policy and Content Guidelines on HomeAway.com govern your use of the Community Site, including, without limitation, the indemnification obligations and limitations of liability.

 


These Terms of Service for the HomeAway Community Account and Content Submission Agreement ("TOS") are required to be accepted before you may create an account and contribute content to this site (the Community pages of www.homeaway.com, referred to as the “Community Site” and, together with the rest of www.homeaway.com, referred to as the “Site) and,

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 terms and conditions and privacy policy of HomeAway.com (collectively

, with

the

TOS, the

"Terms")

govern your use of the Site. Use of the Site constitutes full acceptance of and agreement to the Terms; if

. If you do not

accept

fully agree to these Terms, you are not

granted rights

authorized to

use the Site as defined herein, and should immediately cease use of the Site.

User Account

access or otherwise use Community.

 

User Account

 

1.          Description of User Activities:

The

Community

Site is

, operated by HomeAway.com, Inc. (

“HomeAway”), for the purpose of promoting products and services of HomeAway and its affiliates, and to provide you with a user-driven community. The Community Site may provide such services and activities that include user registration,

“HomeAway®”), provides vacation rental owners, renters, vendors and other third parties (each a “user”) with an interactive, user-driven venue to promote products,  services, experiences, and best practices for the vacation rental industry (the “Purpose”). Community services may include user registration, user participation, public sharing, posting, uploading, linking, downloading,

and

transferring, viewing, submitting or transmitting materials (including, but not limited to graphics, art, video, audio, text, opinions, etc.) and other services or activities

as determined by HomeAway from time to time and provided on the Community Site

that support the Purpose (collectively, “User Activities”).

2.          Registration Obligations: In order to participate in

the Community Site's

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 has reasonable grounds to suspect that any of your information is untrue, inaccurate,

not current

stale or incomplete, we may suspend or terminate your Account and prohibit

any and any current or future use of the Community Site (or any portion thereof) by you.

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

processes

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

.com, Inc.

immediately of any unauthorized use or any other breach of security on your Account. HomeAway

.com, Inc.

will not be liable for any loss incurred as a result of

an

unauthorized use of a password or Account. However, you could be held liable for losses incurred by HomeAway

.com, Inc.

or another party due to

an

any unauthorized use of your Account or password. 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

to the Site or any site of any HomeAway affiliate at its absolute discretion and for any reason

at any time for any reason in its sole and absolute discretion. Reasons for termination

can

may include, but are not limited to

, the following:

(1) violation of the Terms or of any terms and conditions or policies applicable to any HomeAway site or service or those of

HomeAway or

its affiliates or partners

that you use

; (2) abuse of

Site

Community resources or attempt to gain unauthorized entry to

the Site

Community or

Site

its resources; (3) use of

the Site or the site of any HomeAway affiliate or any service provided by HomeAway or any of its affiliates or partners

Community in a manner inconsistent with

their respective purposes

the Purpose; (4)

a user's request for such termination; or (5)

as required by law, regulation, court or governing agency order.  The termination of your access to

any or  he entire Site may be affected without notice and, on such termination; HomeAway.com, Inc. may immediately deactivate or delete your Account and/or bar any further access. HomeAway.com, Inc. shall

Community may be effective immediately. HomeAwayshall not be liable to any user or other third party for

any

termination of

a Registration or Account.
  • Disclaimer for Contributed Content: HomeAway may designate one or more experts  to blog or contribute to the Community Site. The opinions and advice of such experts may not reflect the opinion or advice of HomeAway and HomeAway undertakes no obligation to verify such      content and disclaims all liability therefore.
  •  

    User Generated Content

  • User Content: The Community Site may host or facilitate User Activities for the purpose of allowing users to share content, ideas and materials publicly (the "User Content"). Use of these services and activities is limited to registered Account holders in compliance with these TOS. All User Content is governed by the Terms, including the content guidelines and privacy policy.
  • 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..

    6.          Responsibility for User Content: All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such

    Content

    content originated. This means that you are entirely responsible for any and all

    Content

    content that you upload, post, share, or otherwise display

    via the

    on Community

    Site. Warrant and Representations on User Content

    . 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.

    7.          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

    any and all of the 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     

    to refuse to post User Content without such proof or if such proof is

    not

    ,

    at its

    in HomeAway’s sole discretion,

    sufficient

    insufficient

    8.          Rejection of User Content: You acknowledge that HomeAway

    may or may not screen User Content submitted, as determined in its discretion. Any such screening will be for the purpose of reviewing the User Content to enforce compliance with the Terms. HomeAway and its designees retain the right, at HomeAway’s discretion, to screen and remove any User Content from the Site. Without limiting the foregoing, HomeAway.com, Inc. reserves the right to refuse or delete any User Content of which it becomes aware and at its sole discretion deems in violation of the Terms or otherwise inappropriate for the Site

    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 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. HomeAway assumes no responsibility or obligation to screen or otherwise control the User Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content

    Privacy Policy. All Community User Content is submitted by users and is the sole responsibility of each contributing user and we specifically disclaim any and all liability arising from the alleged inaccuracy of User Content or any alleged breach of contract on a user’s party. Under no circumstances will HomeAway

    be     

    be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of

    the

    use of any User Content posted, emailed or otherwise transmitted via

    the Site.All other terms and conditions of the Terms and Conditions, Privacy Policy and Content Guidelines on HomeAway.com govern your use of the

    Community

    Site, including, without limitation, the indemnification obligations and limitations of liability

    .