VillasPeople.com Terms of Service for Holidaymakers:

DISCLAIMER:

Information on the property about which you have enquired has been provided by the owner and/or their agents on their own website and is hosted by IndependentOwners.com in good faith. IndependentOwners.com will not be held liable for any errors, omissions, misunderstandings or claims arising from the content of a website hosted by us or any arrangement or booking made with an owner. When booking a property we would strongly recommend that you ensure all details, including any booking conditions, are confirmed with the owner, by e-mail or in writing. We would also add that holiday/travel insurance is highly recommended and is best taken out at the time of booking your accommodation and travel. We act merely as an advertising and free website service through which owners can advertise properties to potential holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over validating the property details found on a website hosted by IndependentOwners.com and we make no representations or warranties regarding any of the properties. While we require owners to advertise properties truthfully, fairly and accurately, and we take reasonable steps to suspend/delete websites following any complaint from a holidaymaker or another owner, we have no control over the accuracy of any advertisement, content of the website or the capacity of any website owner to make a booking with a holidaymaker. No monies should be sent until you are 100% sure that any transaction you enter into is legitimate.



VillasPeople.com Terms of Service for property owners and/or their agents:

1. Acceptance of terms

All web-based services ("Services") provided to you by VillasPeople.com are provided to you subject to the following terms and conditions of service. Your subscription to any of the Services listed on our website and use of the website indicate that you accept and agree to be bound by these terms and conditions of service.

2. Your registration obligations

In consideration of your use of our Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services or any portion thereof.

3. Member account, password and security

You will select a unique username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised 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 using the LOGOUT link provided. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4. Your free website

As a courtesy, we offer all customers a free website service and listing on the property listings search facility at www.VillasPeople.com. Users of our free services are equally bound to the terms and conditions set forth in these Terms of Service.

5. The delivery policy

The delivery of the website solution is provided within 48 hours of receipt of the customer's completed registration form. The customer is then entitled to take advantage of a free website service.

6. Cancellation terms

The customer is entitled to cancel their website service with VillasPeople.com at any time. Notice of cancellation of services must be sent by email to the support team at support@VillasPeople.com. VillasPeople.com will make every effort to cancel unwanted websites within 48 hours of notification of cancellation.

7. Lawful purpose

We reserve the right to refuse service to anyone. You may use our Services for lawful purpose only. Transmission of any material in violation of any Government, Federal, State, or Local regulation is strictly prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. We expressly forbid anyone from using our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including but not limited to pornography, satanic materials and any and all materials of an adult nature. The designation of any materials as such described above is entirely at our sole discretion.

8. Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via our Services. We do not control the Content posted via our Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, 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 Content posted, e-mailed, or otherwise transmitted via our Services.

8.1 You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content: (a) that is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (d) that interferes with or disrupts our Services or servers or networks connected to our Services

8.2 We and our designers shall have the right to remove any Content that violates the Terms of Service or is 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.

8.3 You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our company, our users, and the public.

9. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable solicitor's / attorney's fees, made by any third party due to or arising out of Content that you submit, post to, or transmit through our Services, your use of our Services, your connection to our Services, your violation of the Terms of Service, or your violation of any rights of another.

10. General practices regarding use and storage

You acknowledge that we may establish general practices and limits concerning use of our Services, including without limitation the maximum number of days that user-configured settings or uploaded Content will be retained by our Services, the maximum capacity for user-configured settings or uploaded Content (such as image library capacity, character limits, mailing list quotas, etc.), the maximum number of e-mail messages that may be sent from an account using our Services, the maximum size of any e-mail message that may be sent from an account using our Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.

11. Modifications to service

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services. In the event that our Services are discontinued, you shall be entitled to a full refund for the remaining, unused term of any pre-paid Services.

12. VillasPeople.com Property Website Listings

12.1 Indemnification. You agree to indemnify, hold harmless and defend VillasPeople.com from and against any claims, lawsuits, damages, expenses and costs, including attorneys' fees, that arise or result from your reproduction and/or distribution of the Software, provided, however, that your indemnification obligation will not apply to claims or lawsuits arising out of a claim that either the Software, by itself or in combination with software or hardware not provided by you, infringes any third party patent, copyright, trademark or other intellectual property right. The foregoing exception will not apply to claims arising out of the combination of the Software with other software provided by you. VillasPeople.com will give you prompt written notice of any claim or lawsuit to which your indemnification obligation applies and cooperate with you, at your expense, in defending or settling such claim or lawsuit.

12.2 Intellectual Property Ownership, Copyright Protection. The Software and any authorised copies that you make are the intellectual property of and are owned by VillasPeople.com. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of VillasPeople.com. The Software is protected by law, including without limitation the copyright laws of the United Kingdom and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by VillasPeople.com.

12.3 No Warranty. The Software is made available to you "as is" and VillasPeople.com makes no warranty as to its use or performance. VillasPeople.com do not and cannot warrant the performance or results obtained by using the software.

12.4 Limitation of liability. In no event will VillasPeople.com be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a VillasPeople.com representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. VillasPeople.comaggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Nothing contained in this Agreement limits VillasPeople.com liability to you in the event of death or personal injury resulting from VillasPeople.com negligence or for the tort of deceit (fraud). VillasPeople.com is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

13. Advertising and Promotions

13.1 VillasPeople.com reserves the right to run advertisements and promotions on VillasPeople.com websites. (deleting mention of toolbar in this sentence).

13.2 By accepting the terms of this license, you agree that VillasPeople.com has the right to run such advertisements and promotions without compensation to you.

13.3 The timing, frequency, placement and extent of advertising and promotions by VillasPeople.com within the pages comprising VillasPeople.com websites is subject to change and shall be determined by VillasPeople.com at its sole discretion.

13.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through VillasPeople.com websites , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

13.5 You agree that VillasPeople.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on VillasPeople.com websites.

13.6 You agree not to take any action, including downloading other software, to disable or block the display of advertising by the Software.

14. Links to Third-Party Sites and Channels

14.1 From time-to-time VillasPeople.com may provide links on VillasPeople.com websites to third-party websites, channels and/or advertisements.

14.2 VillasPeople.com does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and/or framed sites are only for convenience and are accessed at your own risk.

15. Termination and Suspension

You agree that we, at our sole discretion, may terminate or suspend your password, account (or any part thereof) or use of our Services, and remove and discard any Content within our Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also, at our sole discretion and at any time, discontinue providing our Services, or any part thereof, with or without notice. You agree that any termination or suspension of your access to our Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination or suspension of your access to our Services.

16. Our proprietary rights

You acknowledge and agree that our Services and any necessary software used in connection with our Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or our Software, in whole or in part.

17. Disclaimer of warranties

You expressly understand and agree that:

(A) your use of our Services is at your sole risk. Our Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(B) we make no warranty that (i) our services will meet your requirements, (ii) our Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations, and (v) any errors in the software will be corrected.

(C) any material downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(D) no advice or information, whether oral or written, obtained by you from us or through or from our services shall create any warranty not expressly stated in the terms of service.

18. Limitation of liability

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use our Services; (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 our Services; (iii) unauthorised access to or alteration of your transmissions, data, user-configured settings, or uploaded content; (iv) statements or conduct of any third party on our Services; or (v) any other matter relating to our Services.

19. Exclusions and limitations

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 limitations above (particularly within the disclaimer of warranties and limitations of liability) may not apply to you.

20. Trademark

VillasPeople.com and the VillasPeople.com logo and copyright of website content are owned by VillasPeople.com. Without our prior written permission, you agree not to display or use in any manner VillasPeople.com copyrighted material.

21. Unsolicited bulk e-mail

Any user of e-mail or mailing list features included with our Services who sends unsolicited bulk e-mail or advertisements, commercial or otherwise, may have their account suspended or terminated and may be disallowed further service. We have the responsibility and sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the user may, at our sole discretion, be notified as soon as reasonably possible.

21. Revision of terms of service

We reserve the right to revise the above Terms of Service at any time. Although it is your responsibility to be up to date with regard to changes to the Terms of Service, we will make reasonable efforts to notify you in the event of a significant change.

VillasPeople.com is an affiliate company of Portman Solutions Ltd.

Address: 5 Market Place, Peel, Isle of Man, IM5 1AB

webmaster@villaspeople.com





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