The mobile service or website you are using was created by Glad To Have You, Inc., a Delaware corporation (“GTHY”), for use by vacation rental management companies, resorts, and hotels (“Hospitality Management”) and their guests, visitors, and prospective guests (“Users”). GTHY provides web accessible sites (“Sites”) and mobile applications (“Mobile Apps”) that provide for: (1) the access to travel information and local recommendations provided by Hospitality Management; (2) communication and messaging between Hospitality Management and the User; (3) searching for and reviewing information related to vacation rental properties and accommodations; (4) submitting rental inquiries or reservations for those properties; and (5) submission of content to the Mobile Apps including reviews, comments, suggestions, ratings, likes, and photos (collectively, “User Content”). The services available on the Sites and Mobile App are called the “Service.”
1. Your use of the Service
A. Your representations to us. As a condition of your use of the Service, you represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Service in accordance with these Terms; (iv) you will only use these Service as intended; (v) if you have sign-in credentials to use the Service, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and (vi) your use of the Service will be consistent with the limited license discussed below and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
B. Limited license to you. Subject to these Terms, GTHY grants you a limited, revocable, non-exclusive, nonsublicensable license to access and use the Service for your personal, noncommercial use. Any use of the Service inconsistent with these purposes or otherwise in violation of these Terms is prohibited. Except as expressly permitted above, any use of any portion of the Service without the prior written permission of GTHY is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice. You acknowledge that GTHY may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Apps is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Apps or any copy thereof, and GTHY or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Apps. You agree to comply with all United States and foreign laws related to use of the Mobile Apps and the Service. Standard carrier data charges may apply to your use of the Mobile Apps.
C. Third party services. By connecting to the Service with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
D. Changes to the Service. We are always innovating and finding ways to provide our Users with new and innovative features. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service, or create usage limits for the Service.
2. Submitting your Content
(a) is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory, fraudulent, or otherwise objectionable;
(b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
(c) may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
(d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
(e) in the sole judgment of GTHY, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose GTHY, Hospitality Management, their affiliates, or Users to any harm or liability.
D. Liability and removal of User Content. You are solely liable for any damages resulting from any violation of these Terms, or any other harm resulting from your submission of User Content. As discussed in more detail below, you agree to indemnify and hold GTHY harmless from any liability resulting from your violation of these Terms or submission of User Content. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, or no reason at all, including User Content that we believe in our sole discretion violates these Terms.
3. Third-party Links, Sites, and Services
A. What personal information we collect.
1. In general. We receive and store any information you enter or submit into the Service or give us in any other way. This includes information that can identify you (“Personal Information”), including your first and last name, telephone number, address, e-mail address, photographs, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date).
2. Information from other sources. GTHY may also gather Personal Information about you from Hospitality Management or other Users that invite you to the Service.
3. Automatic information. We automatically collect some information about your use of the Service and activity in the Sites and Mobile Apps, including your location. We may also automatically collect some information about your computer when you visit the Sites. For example, we will collect your IP address, web browser software, and referring web site. One of our goals in collecting this automatic information is to help customize your user experience.
B. How we use your Personal Information. GTHY does not sell your Personal Information to third-parties. GTHY uses your Personal Information for the following general purposes: (i) to provide you with the ability to use the Service and interact with Hospitality Management; (ii) to provide Hospitality Management the ability to interact with you; (iii) to provide you with the ability to submit User Content to the Service; (iv) to provide you with the products and services you request; (v) to provide you with the ability to share (via text message, email, and other forms of sharing) content from the Service to others; (vi) to provide you with information, updates, and offers; (vii) to manage your account, including processing bills and providing notifications; (viii) to communicate with you; (ix) to respond to your questions and comments; (x) to measure interest in and improve our Service; (xi) to otherwise customize your experience with GTHY; (xii) to solicit information from you, including through surveys; (xiii) to resolve disputes, collect fees, or troubleshoot problems; (xiv) to prevent potentially prohibited or illegal activities; (xv) to enforce these Terms; and (xvi) as otherwise described to you at the point of collection.
C. Disclosure of your Personal Information. In addition to the uses described above,GTHY may share your information: (i) in response to a government, law enforcement, or private request, subpoena, court order, or other legal process, to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law; (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities and to protect and defend the rights, property, or safety of GTHY, our customers and Users, or others; (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy; and (iv) in any other manner consistent with these Terms. We also may share aggregate or anonymous information with third parties, including advertisers and investors. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
D. Your choices regarding collection and use of your information. As discussed above and elsewhere in these Terms, you can choose not to provide us with any information or content, and simply passively use the Service. However, this may prevent your full use and access to features of the Service.
E. How we protect your Personal Information. We want you to feel confident about using the Service, so we are committed to protecting the information we collect. While no service can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us.
F. Children’s privacy. GTHY does not solicit or accept information or User Content from those it knows to be under the age of 18. If a person under the age of 18 submits any information or User Content to us, we will use that information only to respond directly to that person to inform him or her that such information or User Content is not accepted. If a parent or guardian becomes aware that his or her child has submitted any information or User Content to us without their consent, he or she should contact us at firstname.lastname@example.org.
H. Push notifications and GPS locating. To fully utilize the features of the Mobile Apps, we recommend enabling push notifications and GPS locating. This will: (i) enable Hospitality Management to communicate with you via the Mobile Apps; and (ii) allow you to geo-locate properties, activities, points of interest, restaurants, etc. near your location via the Mobile Apps. If you desire to disable these features, you can do so in your mobile device’s settings.
5. Ownership, Copyright, and Trademark
A. GTHY. Except as otherwise indicated, the Service, Sites, and Mobile Apps, and all text, images, marks, logos and other content contained herein, including, without limitation, the GTHY logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of GTHY, or its licensors or users, or Hospitality Management and are protected by United States and international copyright laws. All content of the Service are: ©2012 Glad To Have You, Inc. All rights reserved. GTHY, the GTHY logo, and all other product or service names, slogans, or marks displayed in the Service, Sites, and Mobile Apps, are registered and/or common law trademarks of Glad To Have You, Inc. and/or its suppliers or licensors, or Hospitality Management and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GTHY or the applicable trademark holder. In addition, the look and feel of the Service, Sites, and Mobile Apps, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GTHY and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GTHY. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service, Sites, and Mobile Apps are the property of their respective owners.
B. Intellectual property of others. We respect the intellectual property rights of others and expect our Users to do the same. GTHY will, when appropriate and in its sole discretion, remove content from the Service that infringes on the intellectual property rights of others. If you are a copyright or trademark owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trademark, please report alleged infringements taking place on or through the Service by emailing us at email@example.com with the following information. Upon receipt of the notice, GTHY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service.
1. Identify the copyrighted work or mark that you claim has been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found or the menu location in the Mobile Apps.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or mark or reference or link to such material is not authorized by the copyright or mark owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or mark or of an exclusive right under the copyright or mark that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
You agree to indemnify and hold harmless GTHY and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits, or proceedings brought by third parties), arising out of or in any way related to: (i) your access to or use of the Service; (ii) your User Content; (iii) your breach of any of these Terms; or (iv) your violation of any law or the rights of a third party.
THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICE, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GTHY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
GTHY takes no responsibility and assumes no liability for any content provided by Hospitality Management or User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other Users’ online distribution and publication of User Content. You understand and agree that you may be exposed to content or User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose. GTHY is not liable for any inaccuracies, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO THE SERVICE AND USER CONTENT, AND USE OF THE SERVICE AND RELIANCE ON THE SERVICE, REMAINS WITH YOU AND YOU USE THE SERVICE AT YOUR OWN RISK. YOU AGREE THAT NEITHER GTHY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, USER CONTENT, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GTHY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL GTHY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR USER CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GTHY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Governing Law, Venue, and Waiver of Jury Trial and Class Action
B. Waiver of Jury Trial and Class Action. For any dispute you have with GTHY, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that GTHY has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to submit any claims, disputes, or controversies arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), to the courts described above for a non-jury trial. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. WE AGREE THAT, BY ENTERING INTO THESE TERMS, WE ARE EACH KNOWINGLY AND INTENTIONALLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. General Terms
These Terms were last modified on September 11, 2012.