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Terms of Use
These terms of use defines the terms and conditions applicable to your use of services
offered by DRK Enterprises Inc (DRK) available under the domain and sub-domains
of MyVacationRentalGuide.com (the "Site"). To help you understand some
of the legal language used in this document, keep in mind that MyVacationRentalGuide.com, "we," "us" and
"our" all refer to MyVacationRentalGuide.com and its parent
company, DRK Enterprises Inc. The terms "Renter" or "User" "you" and "your" are used to
refer to the party who is entering into a contract with MyVacationRentalGuide.com for the Site. The
term "Property Manager" is used to refer to any entity that offers or provides a
vacation rental property through the Site.
1. ACCEPTANCE OF TERMS
DRK provides the Site to you, subject to the following Terms of Use ("TOU"). DRK currently
provides professional rental property companies with the opportunity to make rental
properties available to rent to you through the Site. Unless explicitly stated otherwise,
any new features that augment or enhance the current Site, including the offering
of any services on the Site, shall be subject to the TOU. BY USING OUR SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED
IN THE TOU. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT USE THE SITE AND EXIT
IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TOU FROM TIME
TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and
conditions may apply to the purchase of products, such as shipping and return policies,
the license of software, and the use of the Site. By using the Site, you agree to
such terms and conditions as well.
2. MODIFICATIONS TO SITE
DRK reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without notice.
You agree that DRK shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site.
3. OWNERSHIP OF SITE
This Site, and any associated
software, files, data, content, documentation, media, or any other materials made
available by DRK (collectively "Content") are the sole property of DRK and
it's licensors, partners and Property Managers. All elements of the Site, including
without limitation the general design and the Content, are protected by trade dress,
copyright, moral rights, trademark and other laws relating to intellectual property
rights. The Site may only be used for the intended purpose for which the Site is
being made available. You may not modify any of the Content and you may not copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer or sell any information or work contained on the Site. Except
as authorized under the copyright laws, you are responsible for obtaining permission
before reusing any copyrighted material that is available on the Site. For purposes
of this TOU, the use of any of the Content on any other web site or networked computer
environment is prohibited. Content contained in sponsor advertisements or information
presented to you through the Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. You agree not to modify
any software offered through the Site in any manner or form, or to use modified
versions of the software, including (without limitation) for the purpose of obtaining
unauthorized access to the Site or the services thereon. You agree not to access
the Site or services thereon by any means other than through the interface that
is provided by DRK for use in accessing the Services.
4. ACCURACY OF REGISTRATION DATA
In consideration of your use of the Site, you will: (a) provide true, accurate,
current and complete information about yourself and your business as prompted by
the Site' 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 DRK has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, DRK has the right
to suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
5. CONTENT SUBMITTED TO SITE
All information, data, text, comments, ratings, reviews, 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, and not DRK are entirely responsible for all Content that
you upload, post or otherwise transmit via the Site. DRK does not control the
Content posted via the Site and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Site, you may be exposed
to Content that is offensive, indecent or objectionable. DRK does not claim
ownership of the Content you submit through the Site. By submitting Content to DRK
for inclusion on the Site, you grant DRK and any partner of DRK the world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content for the purpose of displaying, distributing and promoting your company
or rental property listings on MyVacationRentalGuide.com, the Site and other DRK websites and
services and to distribute or make available the Content to any DRK partner.
DRK does not pre-screen Content, but DRK and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or remove any
Content that is available via the Site. Without limiting the foregoing, DRK
and its designees shall have the right to remove any Content that violates the TOU
or is otherwise objectionable. 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.
6. FEES
For all charges for any properties or services
sold or rented on the Site, DRK will bill your credit card or alternative payment
method offered by DRK. In the event legal action is necessary to collect on
balances due, you agree to reimburse DRK for all expenses incurred to recover
sums due, including attorneys' fees and other legal expenses. You are responsible
for purchase of, and payment of charges for, all Internet access services and telecommunications
services needed for use of this Site.
7. RENTER'S OBLIGATIONS
When a Property Manager, in its sole discretion, has agreed to make properties available for online reservation
and booking, the Renter may choose to use the Site and MyVacationRentalGuide.com to reserve and
book a property and pay the Property Manager. As a Renter, you are obligated to
complete the transaction with the seller if you book the property through MyVacationRentalGuide.com
and do not inform the Property Manager of your intent to cancel in accordance with
each individual Property Manager's cancellation policies. Renter acknowledges that
any agreement governing the terms and conditions under which they have rented the
property are EXCLUSIVELY between Renter and the Property Manager, and that DRK
is not a party to that transaction, whether or not DRK facilitated the transaction
via the Site. When the Renter accepts this TOU and uses the Distribution Services,
Renter is hereby giving permission to DRK to store a copy of Renter's credit
card information in our encrypted and secure files, and to pass that encrypted information
to the Property Manager so that the Property Manager and Renter can complete the
rental transaction. DRK will take commercially reasonable efforts to ensure
the security of the credit card information it stores in our files. DRK makes
no warranty against and takes no responsibility for the Property Managers' misuse
of the credit card information we pass on to them. The policies of each Property
Manager are not under our control. Each Property Manager will have individual policies
governing rates, deposits, payment schedules, check-in and check-out, etc. It is
the Property Manager's sole responsibility to keep all information up to date on
the Site. The Renter should assume that the reservation is not confirmed until all
payments have been received by the Property Manager, unless the Property Manager
specifically informs Renter of another confirmation policy. Should the Renter have
a question regarding the Property Manager's policies, the Renter should contact
the Property Manager directly.
8. DRK INFORMATION DISCLOSURE AND PRIVACY POLICY
DRK shall own all data collected from Renter's use of the Site. DRK
may disclose to third parties certain aggregate information contained in your Registration
Data or your use of the Site. DRK will not disclose personally identifying information,
except as specifically authorized by you or in the good faith belief that such action
is reasonably necessary to comply with the law, legal process, to enforce the TOU,
in exigent circumstances to protect against injury to you, us, or a third party
or your, our, or their property, or under any of the other circumstances set forth
in our privacy policy, as may be amended from time to time. For more information,
please see our full privacy policy at [xxx2]/privacypolicy.aspx.
9. USER CONDUCT
You will not use the Site to: 1. Upload, post or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive, harassing, torturous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; 2. Impersonate any person or entity,
using their email or any other method, including, but not limited to, a DRK
official, or falsely state or otherwise misrepresent your affiliation with a person
or entity; 3. Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop restricted
or password-only access pages, or hidden pages or images (those not linked to from
another accessible page); 4. Upload, post or otherwise transmit any Content 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
learned or disclosed as part of employment relationships or under nondisclosure
agreements); 5. Upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas of the Services that are
designated for such purpose; 7. Upload, post or otherwise transmit any content that
requires membership or payment to access any or all of the content posted. This
includes, but is not limited to, use of Services by fee-based services, rental locator
services, or any other company that requires additional fees or obligations to access
content or information; 8. Upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; 9. Interfere with or disrupt the Site or servers
or networks connected to the Site, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site; 10. Violate any applicable local,
state, national or international law, regulation or ordinance; 11. "Stalk" or otherwise
harass another; 12. Promote or provide instructional information about illegal or
harmful activities; 13. Promote an individual Vacation Rental Agency, Consortium,
or Service. User agrees to only upload, post, or otherwise transit information in
regards to individual properties that they manage.
10. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to immediately notify us of any unauthorized use of
your account or any other breach of security of which you become aware. You are
responsible for taking precautions and providing security measures best suited for
your situation and intended use of the Site. We have the right to provide user billing,
account, Content or use records, and related information under certain circumstances
(such as in response to legal responsibility, lawful process, orders, subpoenas,
or warrants, or to protect our rights, customers or business). Please note that
anyone able to provide your personally identifiable information will be able access
your account so you should take reasonable steps to protect this information.
11. ACCESS & INTERFERENCE
Much of the information on the Site is updated on a real time basis and is proprietary
or is licensed to DRK by users or third parties. You agree that you will not
use any robot, spider, scraper or other automated means to access the Site for any
purpose without our express written permission. Additionally, you agree that you
will not: (i) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure; (iii) interfere
or attempt to interfere with the proper working of the Site or any activities conducted
on the Site; or (iii) bypass any and all measures we may use to prevent or restrict
access to the Site.
12. NO REPRESENTATIONS, ENDORSEMENT OR ADVICE
DRK does not own nor can it contract
for any vacation rental property listed on the Site. Instead, the Site acts as a
venue to allow professional vacation rental management companies the ability to
offer for rent, or rent, in a variety of pricing formats, a specific vacation rental
property. We have no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell items or the
ability of buyers to pay for items. We cannot ensure that a buyer or seller will
actually complete a transaction. Consequently, we do not make any representations
as to the quality, location, availability, suitability, or pricing of any specific
property. As part of the Site, DRK may make available a variety of content through
the Site prepared by itself or third parties. This content is for informational
purposes only and is not intended as tax, legal or investment advice. We use various
ways to verify the accuracy of the information our users provide us when they register
on the Site. Despite our efforts, the information on this Site may occasionally
be inaccurate, incomplete or out of date. We make no representation as to the completeness,
accuracy or currency of any information on this Site. For example, properties included
on this Site may be unavailable, may have different attributes than those listed,
or may actually carry a different price than that stated on this Site. In addition,
the Property Manager may make changes in information about price and availability
without notice. However, we cannot and do not confirm each user's purported identity.
We encourage you to communicate directly with a Property Manager through the tools
available on the Site. We do not control the information provided by other users
that is made available through our system. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution and common
sense when using the Site or Services. There are also potential risks of dealing
with underage persons or people acting under false pretense.
13. TERMINATION
You agree that DRK, in its sole discretion, may terminate your
password, your access to the Site or use of any other DRK services, and remove
and discard any Content within the Site, for any reason, including, without limitation,
for lack of use or if DRK believes that you have violated or acted inconsistently
with the letter or spirit of the TOU. DRK may also in its sole discretion and
at any time discontinue providing the Site, or any part thereof, with or without
notice. Any termination of your access to the Site under any provision of this TOU
may be effected without prior notice. Further, DRK shall not be liable to you
or any third-party for any termination of your access to the Services.
14. INDEMNITY
You will indemnify, protect, defend and hold DRK,
and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Content, your use of
the Site, your violation of the TOU, or your violation of any rights of another.
15. LINKS
The Site may provide, or third parties may provide, links to other websites or resources.
DRK is not responsible for the availability of such external websites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such websites or resources. You
further acknowledge and agree that DRK shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through
any such website or resource.
16. DISCLAIMER OF WARRANTIES
Your use of the Site and any Content is at your sole risk.
DRK does not pre-screen Property Managers and shall not be responsible for any
Property Manager behavior or failures during the rental period. The Site are provided
on an "as is" and an "as available" basis. DRK expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, course of dealing,
usage of trade and non-infringement, that the Site will meet your requirements or
will be uninterrupted, timely, secure, or error-free, that the results that may
be obtained from the use of the Site will be accurate or reliable, that the quality
of the products, services, information, or other material purchased or obtained
by you through the Site will meet your expectations, that any errors in the software
will be corrected, or that any third party will perform as promised. No advice or
information, whether oral or written, obtained by you from DRK or through or
from the Site shall create any warranty not expressly stated in the TOU.
17. USER FEEDBACK AND SUBMISSIONS POLICY
Although we welcome your comments and feedback to the Site and our services, except as expressly
agreed by DRK, any such submissions, comments, ratings, reviews or feedback
will not be considered confidential. DRK cannot guarantee that it or any of
its clients, partners, or subsidiaries will respond to your comments, submissions,
ratings, reviews or feedback. Notwithstanding the foregoing, if you do send us a
submission, comment, rating, review or feedback, you agree not to assert any ownership
right of any kind in the submission, comment, rating, review or feedback (including,
but not limited to copyright, trademark, unfair competition, moral rights, or implied
contract) and you hereby grant DRK a nonexclusive, perpetual worldwide license
to the submission in every media and for every purpose now known or hereinafter
discovered and you waive the right to receive any financial or other consideration
in connection with such unsolicited submission including, but not limited to, credit.
You release DRK (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with your unsolicited submissions, including
without limitation all claims for theft of ideas or copyright infringement.
18. LIMITATION OF LIABILITY
DRK shall not be liable for any direct, indirect, incidental, special,
consequential, or exemplary damages, including but not limited to, damages or loss
of profits, goodwill, use, data, or other intangible losses (even if DRK has
been advised of the possibility of such damages) resulting from: (i) the use or
the inability to use the Site; (ii) the cost of procurement of substitute goods
and services; (iii) unauthorized access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on the Site; or (v) any other
matter relating to the Site. Further, DRK shall not be liable for any loss resulting
from failure of electronic or mechanical equipment or communication lines; telephone
or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility
of computer hardware or software; failure or unavailability of Internet access,
problems with Internet service providers with intermediate computer or communications
networks or facilities; problems with data transmission facilities of your telephone
or telephone service; or unauthorized access, theft, operator errors, severe weather,
earthquakes, acts of God, acts of war or labor disputes. DRK is not responsible
for any damage to your computer, software, modem, telephone or other property resulting
from your use of the Site.
19. GENERAL RELEASE
Because DRK is not involved in
transactions between Property Managers and Renters or any third parties, if a dispute
arises between one or more users of the Site, each of you release DRK (and its
agents and employees) from claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
20. NOTICE
Notices to you may be made by e-mail or regular mail. DRK may also provide
notices of changes to the TOU, Site or other matters by displaying notices or links
to notices to you generally on the Site.
21. GENERAL INFORMATION
The TOU constitutes
the entire agreement between you and DRK and governs your use of the Site, superseding
any prior agreements between you and DRK. You also may be subject to additional
terms and conditions that may apply when you use other DRK services, third-party
content or third-party software. The TOU and the relationship between you and DRK
shall be governed by the laws of the State of Colorado without regard to its conflict
of law provisions. The failure of DRK to exercise or enforce any right or provision
of the TOU shall not constitute a waiver of such right or provision. If any provision
of the TOU is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOU remain
in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Services
or the TOU must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOU are for convenience only
and have no legal or contractual effect. You and DRK are independent entities,
and no partnership, agency, joint venture, employee-employer or franchise relationship
is intended or created by this Agreement.
22. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Site, we may act as a "services provider" (as defined by
DMCA) and offer services as online provider of materials and links to third party
Sites. As a result, third party materials that we do not own or control may be transmitted,
stored, accessed or otherwise made available using the Site. DRK has in place
certain legally mandated procedures regarding allegations of copyright infringement
occurring on the Site. DRK has adopted a policy that provides for the immediate
removal of any content or the suspension of any user that is found to have infringed
on the rights of DRK or of a third party, or that has otherwise violated any
intellectual property laws or regulations, or any of the terms and conditions of
this Agreement. If you believe any material available via the Site infringes a copyright,
you should notify us using the notice procedure for claimed infringement under the
DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable
access to the material claimed to be infringing and will follow the procedures specified
in the DMCA to resolve the claim between the notifying party and the alleged infringer
who provided the Content. Our designated agent (i.e., proper party for notice) to
whom you should address infringement notices under the DMCA is Copyright Agent.
Please provide the following notice: 1. Identify the copyrighted work or other intellectual
property that you claim has been infringed; 2. Identify the material on the Site
that you claim is infringing, with enough detail so that we may locate it on the
Site 3. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; 4. A statement
by you declaring under penalty of perjury that (a) the above information in your
notice is accurate, and (b) that you are the owner of the copyright interest involved
or that you are authorized to act on behalf of that owner; 5. Your address, telephone
number, and email address; and 6. Your physical or electronic signature. We may
give notice to our users of any infringement notice by means of a general notice
on any of our Sites, electronic mail to a user's e-mail address in our records,
or by written communication sent by first-class mail to a user's physical address
in our records. If you receive such an infringement notice, you may provide counter-notification
in writing to the designated agent that includes the information below. To be effective,
the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature; 2. Identification of the material that
has been removed or to which access has been disabled, and the location at which
the material appeared before it was removed or access to it was disabled; 3. A statement
from you under the penalty of perjury, that you have a good faith belief that the
material was removed or disabled as a result of a mistake or misidentification of
the material to be removed or disabled; and 4. Your name, physical address and telephone
number, and a statement that you consent to the jurisdiction of a Federal District
Court for the judicial district in which your physical address is located, or if
your physical address is outside of the United States, for any judicial district
in which we may be found, and that you will accept service of process from the person
who provided notification of allegedly infringing material or an agent of such person.
23. COPYRIGHT NOTICE.
All Site design, graphics, text selections, arrangements,
and all software are Copyright © 2009, DRK, Inc. ALL RIGHTS RESERVED.
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