TERMS AND CONDITIONS:
By using or accessing SportsEventRentals.com (the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Sports Event Rentals, LLC, ("SportsEventRentals.com", "we", "us" or "our").
1. The Site is a Venue.
1.1. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each, a "member") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "traveler" and, collectively with a member, the "users"). We are not involved in the actual transaction between travelers and members even though we may from time to time provide tools, such as direct booking, that enable a traveler to enter into a transaction to lease a specific property directly from the member of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of the users. Because we are not involved in any transactions, we encourage you to contact all parties directly to confirm their identity.
2. Personal Use.
2.1. Although we do charge a fee to members to advertise their vacation rental properties on the Site, we do not charge travelers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to members regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
3. Proprietary Rights and Downloading of Information From the Site.
3.1. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, videos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
4.1. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
• Reverse engineer any part of this Site;
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
• Use the Site other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
• Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
• Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party;
• Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to firstname.lastname@example.org
5. Changes to Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
7.1. We do not and cannot review all content posted to the Site by members, or by other users or travelers who may have posted on the Site a review of or guest book entry for any particular rental property. Because these materials cannot be reviewed, we are not responsible for the accuracy of any information contained in any posts whatsoever. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms.
8. Limitation of Liability.
8.1. IN NO EVENT WILL COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PROPERTY OWNERS, MANAGERS AND AGENTS, CONTENT PROVIDERS, EMPLOYESS, AGENTS, OFFICERS, MANAGERS OR OTHER THIRD PARTIES MENTIONED AT, IN OR ASSOCIATED WITH THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS AND RELATED DAMAGES AND LOSSES RELATED TO FRAUDULENT LISTING OR RENTING OF PROPERTY; CONDITION AND MAINTENANCE OF LISTED PROPERTY, UNAVAILABILITY OF LISTED PROPERTY AND FAILURE OF LISTED PROPERTY TO CONFORM TO ITS DESCRIPTIONS.
9.1. THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE, OF THE AVAILABILITY, CONDITION OR ACCURACY OF THE DESCRIPTION OF OR ANY INFORMATION RELATED TO ANY LISTED PROPERTY OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE LISTED PROPERTY MAY NOT CONFORM TO ITS DESCRIPTIONS. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
9.2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
11. Choice of Law and Forum.
11.1. Any and all claims brought by any user of this Site against Sports Event Rentals, LLC, for any dispute whatsoever shall be brought in United States District Court in the State of Arizona. All disputes of any kind, whatsoever, shall be governed by Arizona Law.
12. Independent Contractors.
12.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
13.1. Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
14. Accuracy of Information.
14.1. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. As a condition of listing each member agrees to provide, such proof of identity, proof of ownership, and proof of right to list properties as we may request.
15.1. We will use reasonable efforts to reproduce faithfully any video or photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
15.2. By submitting a video or photograph either electronically through the Site, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted video or photograph, or (ii) it has secured from the copyright holder all rights necessary for the video or photograph to be used in an online advertisement, (b) that any people in the video or photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the video or photograph accurately and fairly represents the subject of the video or photograph and has not been altered in any manner that would mislead a viewer of that video or photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Sports Event Rentals, LLC from any cause of action arising from any misrepresentation with respect to any and all the videos or photographs so submitted.
16. Copyright Grant.
16.1. If you are a member, by accepting these Terms and by paying for and posting a listing on the Site, 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 videos, the photographs and the likenesses (if any) of any content you post on the Site. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless the Site and any member of Sports Event Rentals, LLC against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member 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 content posted or provided to us by such member.
16.2. Each member agrees that we may reproduce in whole or in part any videographic or photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
17. External Links.
17.1. We reserve the right to refuse external links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
18. Guest Books/Property Reviews.
18.1. Any entries in the guest book or property review section of any member's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request. Any member found to be using false entries in their guestbook may have their membership terminated without notice by Sports Event Rentals, LLC.
19. Substitution of Properties/Multiple Properties.
19.1. Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition. Furthermore, each listing may only advertise one property at a time. If more than one property is listed, Sports Event Rentals, LLC reserves the right, at its sole discretion, to either terminate the listing entirely, or charge multiple listing fees for the posting. In any event, Sports Event Rentals, LLC shall retain the original listing fee paid by the member.
20. Transfer of Listing.
20.1. No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
21.1. Any payment due to Sports Event Rentals, LLC, or SportsEventRentals.com, must be made in U.S. Dollars paid either by major credit card or debit card.
22. Refund/Cancellation Policy.
22.1. Due to the nature of our business, this site operates as a venue only, and therefore we can only offer refunds in limited circumstances. We cannot guarantee any results, and therefore cannot offer refunds to customers unless it can be shown that any negligent, or reckless, or intentional act of Sports Event Rentals, LLC has caused the customers listing to fail. Please direct any refund requests to email@example.com and we will review your request promptly.
No refunds will be issued if you sell your property after listing it. If your property is destroyed for any reason other than the negligent, reckless, or intentional acts of the owner of the property, then a refund will be issued. Please direct any refund requests to firstname.lastname@example.org and we will review your request promptly.
Any violation of the Terms and Conditions of www.sportseventrentals.com shall result in the immediate cancellation of the listing(s) found to be in violation of the Terms and Conditions, and no refund will be issued whatsoever.