TERMS AND CONDITIONS OF USE
Thank you for considering ecoGreen Vacations, Inc. You acknowledge that by using or accessing ecoGreenVacations.com, you agree to and are subject to the following terms and conditions. Please do not use this site if you do not agree to these Terms. The Terms constitute a legal binding agreement between you and ecoGreen Vacations, Inc.
I. ecoGreenVacations.com Is A Venue
ecoGreen Vacations, Inc. is not a party to any rental transaction. ecoGreen Vacations, Inc. does not own nor contract for rental any vacation rental property listed on ecoGreenVacations.com. ecoGreenVacations.com is a way to allow members to rent a specific rental property to potential renters. ecoGreen Vacations, Inc. is not a party to any rental transaction. ecoGreen Vacations, Inc. has no involvement in the actual transaction between renters and members, even though we may provide the tools to enable the transaction of leasing a specific property. ecoGreen Vacations, Inc., therefore, holds no responsibility in the truth or accuracy and legality in the posted listings. This transaction is the sole responsibility of the users.
II. Personal Use
A fee is charged to members to advertise their vacation rental properties on ecoGreenVacations.com. We do however not charge users to access and search ecoGreenVacations.com. Therefore we grant users a limited, revocable non-exclusive license to access ecoGreenVacations.com, to where necessary, advertise, research, view and make legitimate inquiries about interest in certain vacation rental properties for their personal use, in accordance to these terms. Any other use of the Site is expressly prohibited.
III. Proprietary Rights And Downloading
Pursuant to the U.S trademark and copyright laws, international conventions and other copyright laws, ecoGreenVacations.com is protected as a collective work. All content is for personal use only. All content on ecoGreenVacations.com is protected by trademark, copyright and database rights. Any copying or storing of content for any use other than your personal, noncommercial use is prohibited without prior written permission from ecoGreen Vacations, Inc.
IV. Unauthorized Use
Unless provided otherwise by these terms, (or applicable law requires ecoGreenVacations.com to allow you to do so), you are prohibited from doing the following without our prior written consent:
There is no reproducing, copying, uploading, republishing, displaying, distributing, or transmitting any fraction of the content ecoGreenVacations.com holds whatsoever.
There is no replicating or mirroring any fraction of ecoGreenVacations.com.
There is no modifying, translating ecoGreenVacations.com into other languages, including computer languages or creating copied works from any fraction of ecoGreenVacations.com.
There is no use of spiders, robots, automatic or manual processing to copy, monitor or withhold a database of any fraction of content to ecoGreenVacations.com.
There is no transferring, licensing or selling any fraction of ecoGreenVacations.com to third parties.
There is no reverse engineering of content on ecoGreenVacations.com.
There is no other reason to use ecoGreenVacations.com for any other actions other than advertising and/or researching vacation rentals.
There is no use of ecoGreenVacations.com to make any fraudulent, fictitious or hypothetical reservations in anticipation of demand.
There is no posting or imparting any information that is false or misleading on ecoGreenVacations.com.
There is absolutely no posting of abusive, sexually explicit, profane material, pornographic, obscene or unlawful conduct that may violate any law or give rise to a violation of any civil liberty on ecoGreenVacations.com.
There is no uploading or transmitting to ecoGreenVacations.com any software that contains the following: Trojan horses, worms, viruses, time bombs, or any other computer programming that may interfere or damage the operation of ecoGreenVacations.com.
There is absolutely no plagiarizing or infringing on our copyright, trademark and database laws for ecoGreenVacations.com, members and third parties.
V. Changes To Site
We may without notice or liability, impose limits on certain features or services or restrict your access to part or this entire Site.
VII. Data Transmittal
The users acknowledge and agree that we may store and process any data transmittal to ecoGreenVacations.com (regardless of the users physical location) to any locations both within or outside of the United States.
VIII. Identity Verification
As it is impossible to confirm each user’s purported identity we ask that you communicate directly with a user or a member with the available tools on ecoGreenVacations.com
IX. No Spam/Limitations Of Use Of Other Users Information
There is no tolerance for spam. Without consent from ecoGreen Vacations, Inc., you are not licensed to add a site user or even a user who has rented property from you or a member who has rented to you, to your mailing list, be it e-mail or physical mail.
X. Use Of E-mail Tools
The ‘e-mail this item to a friend’ service may not be used to send spam or any content otherwise that would violate these terms. We do not store any of the e-mails sent or store any of such e-mails in any database, nor do you rent or sell any of these e-mails.
All content posted on ecoGreenVacations.com by users or members cannot all be reviewed by its staff. As such, ecoGreenVacations.com cannot accept responsibility for any such material posted. All vacation rental properties listed on this site are submitted by the member and we specifically hold no liability or responsibility for any inaccuracies pertaining to such listings. As a member you accept these terms and by paying to list on ecoGreenVacations.com, you agree to indemnify ecoGreenVacations.com ecoGreen Vacations, Inc.
You agree to defend, indemnify and hold harmless ecoGreen Vacations, Inc. and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against ecoGreen Vacations, Inc. by any third party due to or arising out of or in connection with your use of ecoGreenVacations.com.
XIII. Limitations And Liability
At no time will ecoGreen Vacations, Inc.’s affiliates and their respective directors, officers, employees and agents be liable for any lost profits, punitive, direct, indirect, consequential, incidental, or other damages arising out of, based on, or resulting from our site, these terms, or your use of ecoGreenVacations.com, and or any transaction between users. These limitations and exclusions apply without regard to the damages arising from 1) breach of contract 2) strict liability 3) breach of warranty 4) negligence 5) and or any other cause of action where such exclusion and limitations are not prohibited by applicable law. If you disagree with anything on ecoGreenVacations.com, or another user or member, in respect to the terms of ecoGreenVacations.com, then your sole and exclusive right against us is to discontinue using ecoGreenVacations.com.
We do not warranty any of the software, functions, material, information, content, on or accessed through the site. As such, all and any information on this site stands ‘as is,’ with no acceptance to any faults there in.
You acknowledge that by submitting communications to us and by posting relevant information on ecoGreenVacations.com there will be no confidential, fiduciary, contractually implied, or other relationship created between you and us other than in accordance to these terms.
We are therefore solely not responsible for absolutely any damages or losses due to your use of our SITE or while traveling to any destination obtained from our SITE.
Any notices (from you to us) shall be given, except as stated otherwise by e-mail, or posting, or postal mail to:
ecoGreen Vacations, Inc.
8437 Tuttle Ave #322
Sarasota, FL 34243
Any notices (from us to you) shall be given, except as stated otherwise by e-mail, or posting, or postal mail to the contact information you have provided us on file during the registration process. All notices will be counted for 24 hours after e-mail has been sent or 3 business days via postal mail. All notices will be considered delivered unless the e-mail is returned as invalid or the postal mail has been returned.
We reserve the right to change, modify, any portion of these terms, in whole, or in part, at any time. We will post notification of these amendments to the terms of the site. It will be deemed to be effective thereafter. By continuing to use the site after the posting of such a change you constitute your acceptance thereof.
XVII. Records Of These Terms
The terms entered into by each user, are not filed separately. Please be advised to keep a copy of these terms for your own personal records.
These terms constitute the entire agreement with the respect to your use of ecoGreenVacations.com. At the discretion of ecoGreen Vacations, Inc., due to any such breach of these terms and conditions by the user, we may terminate any users access to or use of ecoGreenVacations.com, or any other unauthorized used of ecoGreenVacations.com. Our failure to enforce or exercise any provision or right of these terms does not then constitute reason of, or validate for, a waiver of any such right or provision. If at any point a court finds a provision of these terms unenforceable, that provision shall be enforced to the maximum extent so as to affect the intent of these terms, leaving the remainder of these terms to continue in full force and effect.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO OUR MEMBERS
XIX. Eligibility Of Members And Accuracy Of Information
1. The services we offer may only be used by members who can form legally binding contracts under applicable law. By registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
2. By registering with ecoGreenVacations.com, each member there in holds responsible and agrees to, that any information submitted to the site stands true and correct. Each member agrees to provide proof of ownership, identity and proof of the right to list properties as we may request. Any changes or updates made by the members, such as change in contact info previously submitted, the member holds responsible for, by submitting an e-mail to our support team, found on the contact page of ecoGreenVacations.com.
XX. Content, Layout And Copy
At our discretion, we reserve the right to decide on the final layout, design, and functionality of ecoGreenVacations.com, which sometimes may be subject to change with out notice. We also reserve the right to review, edit, copy, or amend any of the content submitted by a member. All content is subject to review and approval by us in our sole discretion. Any loss or damage resulting from design, or editing, or amends of any such content submitted by any member we hold no liability for.
Any photographs submitted by a member electronically, the member warrants that it holds all intellectual property rights with respect to each photograph, and that is holds all copyright rights necessary to advertise photograph online. Members warrant as well, that any person or persons in any of photos have given consent for the likeliness of them to be in the displayed pictures, and that the photographs are fairly and accurately represents the subject of the matter of the photograph and that none of the material has been altered in a manner that would mislead a viewer of that photograph. ecoGreen Vacations, Inc. will be held harmless from any cause of action arising from any misrepresentation with respect to any and all the photographs submitted.
XXII. Copyright Grant
1. As a member you accept these terms, and by paying for and posting a listing in the site, it is granted by you to ecoGreen Vacations, Inc., 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 likeliness (if any) of the content you post on the site, and you grant the site and its holding company ecoGreen Vacations, 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 attempt to pirate such information via electronic or other means. To host and display your listings these rights are needed by us. Furthermore, you agree to assist us, at our expense and control-to protect such copyrighted material from unauthorized redistribution. We are held not responsible for any infringement or violation of laws resulting from content supplied by any member and each member indemnifies and holds harmless ecoGreenVacations.com and any member of ecoGreen Vacations, Inc. against any action brought for breach of copyright, or other rights from the use of such content supplied b such member. Each member hereby waives and releases all rights to any claim against us for any alleged infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such member.
2. It is agreed by each member that we may reproduce in whole or in part material submitted by such member, photographic, in the promotion of either such member’s property or the promotions of ecoGreenVacations.com. Reproduction permission for all photographic material supplied by such member used in their advertisements is the responsibility of the member to obtain. The member warrants that he/she is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
XXIII. Hypertext Links
To refuse hypertext links to, or addresses of, other web sites from members’ pages, and to remove links or web addresses without notice at our sole discretion, is our right to reserve. Following, we reserve the right to charge for hypertext links at any time.
XXIV. Substitution Of Properties
Each advertisement on ecoGreenVacations.com may only relate to a specific property. No property in an advertisement may be substituted by another property. If changes are made by a member to a certain already existing listing that, if approved, would substantially change or alter the listing to make it that of another property, then we reserve the right to terminate the listing and may is our sole discretion, choose to retain fees associated with the initial term of the previously existing listing as compensation for the violation of this condition.
XXV. Advertising More Than One Property
ecoGreenVacations.com offers advertisements which display an individual and uniquely identified property available for short-term vacation rental. Only one property can appear on each advertisement, unless it is a property with multiple units on the same site and additional units are then purchased. We may due to the rights in which we reserve, amend the copy or remove any advertisement if more than one property is being described in such advertisement, and may choose, in our sole discretion, to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
XXVI. Unauthorized Payment Methods
A member may not request a traveler to mail cash, or utilize any instant-cash wire transfer service as payment for all or part of a property rental transaction. Any violation of this term may result in immediate removal of the non-conforming listing without notice to a member and without refund.
XXVII. Cancellation And Disabling Of Listings
If at any time a member chooses to cancel their annual subscription, they need to log onto their account, proceed to go into the property management section and delete their listing. By doing this, it will only delete the listing in itself, the member will still be able to log onto their account. To cancel the account, the member must submit a form to the support group. We offer no refunds. If a member persistently submits unsuitable material to our ecoGreenVacations.com or into our database, misuses ecoGreenVacations.com, or is in material breach of these terms, it is our sole discretion to remove such member and such members’ listing from ecoGreenVacations.com without refund.
XXVIII. Transfer Of Listing
A listing may not be transferred to another party, unless is a member sells the property that is listed. A member may transfer its listing to the new owner of the property that is listed. At our discretion, a reasonable fee may be charged transfer fee.
Payment for subscriptions will only be accepted in U.S. Dollars paid by either major credit or debit card, or by check drawn on a U.S bank. Credit card information is not stored on our server, or on any server in any file or database. We will, if a renewal is in order recall your credit card information from our payment provider when needed and after confirmation of.