VacationPartyHomes.com Terms and Conditions


Welcome to VacationPartyHomes.com! By Clicking the “I Accept” button or accessing any part of VacationPartyHomes.com (the “Site”), you acknowledge that you agree to all the following terms and conditions of this agreement. If you do not fully agree to these Terms, you may not access or use any part of this site. The Terms constitute a legally binding agreement between Vacation Party Homes, LCC. ( the “Company”) and any person ( “you”, “your”, or “I”) who uses any of the services offered.


Member Eligibility

Vacation Party Homes services are available only to adult individuals (18 years of age or older) and legal entities (such as a corporation) that can form legally binding contracts. To register for an Account with Vacation Party Homes and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms and Conditions. Vacation Party Homes reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.


Your Account

To become a Member and use the services available from the Site you must register for an "Account". You will engage in providing true, accurate and complete information as prompted by the registration form, and updating such information to maintain its truth, accuracy and completeness.


Personal Information

We do not collect personal information, such as e-mail address, telephone number, etc… from you unless you register and complete our form. If you list or advertise a vacation rental with Vacation Party Homes, we collect your personal information for billing purposes only. Vacation Party Homes will not share personal information with third parties EVER!


Listing Policies

a. Each listing must represent only 1 property. The rental property may not be changed for the duration of the listing.

b. The photos for the rental properties may be changed throughout the listing period. Photographs must be original and not copyrighted material.

c. The first ten photos are included in the annual listing fee. Additional photos may be purchased for an extra $10 per photo. No refunds will be provided for additional photos.

d. Give detailed descriptions of property listing. You are responsible for proper spelling and the accuracy of the information presented for future renters.

e. VacationPartyHomes.com reserves the right to edit, modify, suspend, or delete any listings at any time for any reason without notice or reimbursement.

f. Cancellation by Owner - Listings with VacationPartyHomes.com can be canceled at anytime. After thirty days, No refund or pro-rated credit will be issued. Refunds will only be issued for your 1st listing within thirty days minus a $75 service fee.

g. Transfer Account - Members have the right to transfer their listing(s) if a property has been sold or transferred to a new owner. Please provide us with the new owner's name and address. There is a $25.00 transfer fee. If you wish to cancel your service, the cancellation policy above will apply.


Acceptable Content Policies

a. URL links, email addresses and phone numbers must reside only in the authorized locations within the listing. All other references to specific web addresses, web sites, email addresses or phone numbers are not considered acceptable content and may be removed without notice.

b. All content must be "family safe" and "PG" rated. Vacation rental listings may not contain vulgarity, violence, hate, etc…VacationPartyHomes.com reserves the right to edit, suspend, or delete any information/account that is not acceptable.


Legal Relationships and Contracts Between Owner and Renter

By registering as a Member, you acknowledge that a Vacation Party Homes Contract (execution of a listing by a Member for a future Renter in exchange of monetary compensation) is an agreement between a Property Owner and a Renter, and that Vacation Party Homes does not constitute a party of any Vacation Party Homes Contract. This signifies that all rights and obligations involved for monetary exchange are solely between Owner and Renter. Accordingly, each Member is solely responsible for the enforcement and performance of its rights and obligations.

By registering as a Member, you understand that Vacation Party Homes simply functions as a venue to connect Property Owners with Renters in a virtual marketplace. We have no control over and do not guarantee the following :

  • Any Information listed by a Member
  • The truth or accuracy of a listing

Vacation Party Homes does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Vacation Party Homes employees acting in their official capacities.

Links

The Site may contain links to other websites or resources. You acknowledge and agree that Vacation Party Homes is not responsible or liable for: (i) the availability or accuracy of such Sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked Site. You use the links at your own risk.


No Agency

The Terms and Condtions and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Vacation Party Homes, except and solely to the extent expressly stated.


Access and Interference

The Site contains robot exclusion headers. 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: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to The Site) from The Site without the prior express written permission of Vacation Party Homes and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of The Site or any activities conducted on The Site; or (d) bypass any measures we may use to prevent or restrict access to The Site or any subparts of The Site.

SPAM

Vacation Party Homes does not tolerate the transmission of spam. We monitor all traffic to and from our servers for indications of spamming. Sending Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), will be subject to copyright law violations and will be subject to criminal prosecution. Vacation Party Homes reserves the right to cancel services to those who violate this policy.


Warranty Disclaimer

VACATION PARTY HOMES MEMBERSHIP SERVICES ARE AVAILABLE ONLY TO ADULT INDIVIDUALS (18 YEARS OF AGE OR OLDER) AND HAVE THE POWER AND AUTHORITY TO ENTER INTO AND PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT. TO REGISTER FOR AN ACCOUNT WITH VACATION PARTY HOMES AND BECOME A MEMBER, YOU MUST ACCEPT ALL OF THE TERMS AND CONDITIONS. VACATION PARTY HOMES RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REFUSE, SUSPEND, OR TERMINATE SERVICE TO ANYONE.


Limitations of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Release

If you have a dispute over a listing, you release Vacation Party Homes (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, arising out of or in any way connected with such dispute. In the event of a dispute about a Property Listing, Vacation Party Homes will act as a mediator, with the consent of both parties involved, and will conduct a private investigation on the dispute at hand. Vacation Party Homes reserves the rights to be the mediating party. All parties involved agree to Vacation Party Homes having the final decision on a dispute they mediate.


Indemnity

You agree to defend, hold harmless and indemnify Vacation Party Homes from and against any and all losses, costs, expenses, damages or other liabilities incurred by Vacation Party Homes; from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Vacation Party Homes: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any negligent or intentional wrongdoing by any Member; (vii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.


Licence and Site Access

Subject to and conditioned on compliance with the Terms and Condtions, Vacation Party Homes grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Vacation Party Homes or the rights holder. You must not use any content of this Site on any other website or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Vacation Party Homes.


Reservation of Rights; Limited Licenses

Vacation Party Homes and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Vacation Party Homes logo and name are trademarks of Vacation Party Homes, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the Terms of Service confers any license under any of Vacation Party Homes's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.


Customer Service

If you have any questions, suggestions, reports of problems or complaints regarding any Vacation Party Homes Services, your use of the Site, the conduct of or purchase, file exchange, or payment of or for Services by or from any Member, please contact Customer Service.


Notices and Communications

Unless you otherwise indicate in writing to Customer Service, Vacation Party Homes will communicate with you by email (we may use your Vacation Party Homes email address or the personnal email address you provide on your Vacation Party Homes Account) or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Vacation Party Homes sends it to your Vacation Party Homes email or your personnal email, or when Vacation Party Homes posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. All notices to Vacation Party Homes intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:


Such notices to Vacation Party Homes are deemed effective upon receipt.


Resolution of Disputes Between Member and Vacation Party Homes

If a dispute arises between you and Vacation Party Homes, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Vacation Party Homes agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Vacation Party Homes Services (a "Claim") in accordance with this section entitled "Resolution of Disputes Between Member and Vacation Party Homes." Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by going to Customer Service.


General

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Vacation Party Homes will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Vacation Party Homes. No delay or omission by Vacation Party Homes in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of Vacation Party Homes, and any attempt to do so will be null and void. Vacation Party Homes may assign this Agreement in its discretion.

The Terms of Service and all documents referenced in the Terms of Service comprise the entire agreement between you and Vacation Party Homes with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any website that link to or are linked from this Site.


Copyright Policy

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Vacation Party Homes has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.VacationPartyHomes.com, please fill out a Notice of Infringement form and fax it to Vacation Party Homes Copyright Infringement Notices at address here

The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.


Billing and Payment Services Policy

A Member must pay Vacation Party Homes directing in order for a Service to be considered as purchased. Only then will a purchase be serviced on the Site. All payments for Vacation Party Homes Services must be paid to the order of Vacation Party Homes LLC. All payment types will be enumerated at the time of purchase, and Members agree to pay the amount in full.