1. Definitions - Reservations Direct, Inc., dba Vacation Places To Stay, is an online internet marketing company that operates a network of vacation rental and resort websites based on specific travel destinations and geographic locations in order to display information and content provided by its Subscribers. "Subscribers" are individuals or management companies that have purchased advertising space and have the ability to manage their content or property information by accessing their online Account through www.MyRentalManager.com. An online "Account" is created after the Subscriber has purchased services from Reservations Direct, Inc.. 2. General - Reservations Direct, Inc. is not a property management company and does not make reservations for the properties listed in their network of directories. Owners and/or management companies of rental property or resorts have total control over their bookings and travelers act as their own travel agent by communicating directly with Subscribers. By using this or any other site within the Vacation Places To Stay rental and resort network, the Subscriber agrees to comply with all of the terms and conditions hereof. Subscriber is responsible for all use of Subscriber's Account and for complying fully with the provisions of this agreement. The right to use the Subscriber's Account is personal to Subscriber and is not transferable to any other person or company without the consent of ReservationsDirect, Inc.. Subscriber shall be responsible for protecting the confidentiality of all Account login and password information. 3. Content - Subscriber shall use the Vacation Places To Stay Network and associated sites for lawful purposes only. Subscriber shall not transmit or post any material or content which violates in any way upon the rights of others, which is threatening, defamatory, abusive, invasive of privacy, unlawful, or public rights, profane, obscene, vulgar or otherwise offensive, which encourages conduct that would constitute a criminal offense or otherwise violate any law. Since most content and information is mostly supplied by either third party or Subscribers, ReservationsDirect, Inc. can not guarantee the accuracy, completeness, or usefulness of any content or its particular purpose and therefore does not represent the judgement and/or opinion or the individual provider of information. 4. Photos & Images - By submitting a photograph either electronically through our Online Management System or by mailing a photograph to our offices, the Subscriber represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless ReservationsDirect, Inc, its affiliates, affiliated sites or any of its employees from any cause of action arising from any misrepresentation, infringement of copyright or other intellectual property right, or any breach of the above representations and warranties with respect to any and all the photographs so submitted. At times Subscribers may provide photographs to ReservationsDirect, Inc. in order to have them processed and posted with their listing. Reservations Direct, Inc. will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard. All photographs submitted by a Subscriber via the postal service, will be discarded after scanning and posting into our database. 5. Copyright Grant - As a Subscriber, by accepting these Terms and by paying for and posting a listing through your online Account, you grant to us and our 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, the photographs and the likenesses (if any) of any content you post on this site or affiliated websites, and you grant this site and Reservations Direct, Inc. the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate or otherwise misappropriate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any Subscriber and each Subscriber will indemnify and hold harmless Reservations Direct, Inc., its affiliates and their respective directors, officers, employees and agents against any action brought for breach of copyright or other rights from the use of such content supplied by such Subscriber. Each Subscriber hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such Subscriber. Each Subscriber agrees that we may reproduce in whole or in part any photographic material supplied by such Subscriber in the promotion of either such Subscriber's property or the promotion of any website associated with the Vacation Places To Stay network of websites. It is the Subscriber's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The Subscriber warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained. 6. System Modifications - Reservations Direct, Inc. has the right at any time to change or discontinue any aspect or feature of any website belonging to the Vacation Places To Stay Network, including, but not limited to, content, hours of availability and equipment needed for access or use 7. Monitoring - Reservations Direct, Inc. shall have the right to keep and analyze statistical data, to monitor any content or communication through any site within the Vacation Places To Stay Network in order to determine compliance with this agreement. ReservationsDirect, Inc. shall have the right, in its sole discretion, to remove, edit, or refuse material submitted or posted by Subscribers that it finds objectionable and the right to block or ban any Subscriber from accessing their Account. See our Privacy Policy. 8. Changes in Terms - Reservations Direct, Inc. can change or modify the terms applicable to Subscribers's use of the Vacation Places To Stay Network at any time without notice or can impose added fees and charges for use, including, but not limited to, new conditions, modifications, changes, deletions or additions which shall be effective immediately upon notice thereof. Any use by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. 9. Trademarks - All images, logos and icons are trademarks and/or service marks of Reservations Direct, Inc., All Rights Reserved. All other trademarks appearing on any site belonging to the Vacation Places To Stay Network are the property of its respective owners. See Copyright Notice. 10. Termination - Reservations Direct, Inc. reserves the right at any time at their own discretion, to terminate a Subscriber if they chose to violate in any way the terms and conditions of this agreement. 11. Indemnification - Subscriber agrees to defend, indemnify and hold harmless Reservations Direct, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of any site belonging to the Vacation Places To Stay Network by Subscriber or Subscriber's Account. |
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