VENUES AND VOWS
TERMS OF SERVICE
THESE TERMS OF SERVICE WENT INTO EFFECT ON DECEMBER 15, 2018. THESE TERMS APPLY TO BOTH HOSTS AND GUESTS AND COVER THE RELATIONSHIP BETWEEN THE HOSTS AND GUESTS AS WELL AS THEIR RESPECTIVE RELATIONSHIPS WITH VENUES AND VOWS LLC (“VENUES AND VOWS”, “WE”, “US”, OR THE “COMPANY”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IT IS IMPORTANT TO NOTE THAT HOSTS SHOULD REVIEW AND UNDERSTAND THE LAWS THAT GOVERN THE SHORT-TERM RENTAL OF PROPERTIES IN THEIR RESPECTIVE JURISDICTIONS. THESE LAWS VARY AMONG DIFFERENT CITIES OR TOWNS, WITH SOME HAVING LAWS THAT PROHIBIT OR RESTRICT A HOST’S ABILITY TO RENT THEIR SPACE TO PAYING GUESTS FOR SHORT PERIODS, OR HOST CERTAIN TYPES OF EVENTS OR ACTIVITIES WITHIN THEIR SPACE. MOST OFTEN THESE TYPE OF LAWS ARE FOUND WITHIN A JURISDICTION’S ZONING OR ADMINISTRATIVE CODES. IT IS POSSIBLE THAT A HOST MAY BE REQUIRED TO REGISTER WITH THEIR CITY, COUNTY OR OTHER GOVERNING BODY, INCLUDING HAVING TO REGISTER, OBTAIN A PERMIT OR A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. THE ENFORCEMENT OF THESE VARYING LAWS ALSO VARY BY JURISDICTION. EXAMPLES OF ENFORCED PENALTIES MAY INCLUDE FINES OR OTHER PUNISHMENTS. IT IS THE HOSTS RESPONSIBILITY TO REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON VENUES AND VOWS; VENUES AND VOWS IS NOT RESPONSIBLE FOR ANY HOST’S FAILURE TO COMPLY WITH SUCH LAWS.
b) THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR VENUES AND GUESTS MAY LEARN ABOUT AND BOOK VENUES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT VENUES AND VOWS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS VENUES AND VOWS A REAL ESTATE BROKER, AGENT OR INSURER. VENUES AND VOWS HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VENUES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(a) "Venues and Vows Content" means all Content that Venues and Vows makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
(b) "Booking Request Period" means the time period starting from the time when a Venue booking is requested by a Guest (as determined by Venues and Vows in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places or to different Venues.
(c) "Collective Content" means Member Content and Venues and Vows Content.
(d) "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
(e) "Guest" means a Member who requests from a Host a booking of a Venue via the Site, Application or Services, or a Member who books a Venue and is not the Host for such Venue.
(f) "Host" means a Member who creates a Listing via the Site, Application and Services.
(g) "Listing" means a Venue that is listed by a Host as available for booking via the Site, Application, and Services.
(h) "Member" means a person who completes Venues and Vows' account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
(i) "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
(j) "Tax" or "Taxes" mean any sales taxes, value added tax, transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3) Intermediary Service.
Venues and Vows Service is an online platform that acts as an intermediary to facilitate the execution of direct peer-to-peer venue rentals between a Host and one or more Guests that the Host is connected to through the Venues and Vows Site. All rental relationships formed through the Service shall be personal, direct legal relationships between the Host and the Guests.
Venues and Vows reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If you continue to use Venues and Vows after a change, this means that you have accepted to be legally bound to the new Terms. If the new Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
6) How Venues & Vows Works.
(a) The Site, Application and Services can be used to list and book Venues. Hosts list such Venues in Listings section of the Site, Application and Services. It is possible to view Listings as an unregistered visitor to the Site, Application and Services, but in order to book a Venue or post your own Listing, you must be a registered user with a Venues and Vows Account (defined below).
(b) Venues and Vows is an online platform for Guests and Hosts to communicate online and arrange for bookings of Venues directly with each other. Venues and Vows does no own or operate any properties, including, but not limited to, event space, private homes, hotel rooms, other lodgings, or accommodations, nor is it a provider of properties, including, but not limited to, event space, private homes, hotel rooms, other lodgings, or accommodations and Venues and Vows does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, event space, private homes, hotel rooms, other lodgings, or accommodations or transportation, or travel.. Unless explicitly specified otherwise in the Venues and Vows platform, Venues and Vows’ responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) facilitating the payment to each Host from Guests.
(c) AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ONLY FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING VENUES DIRECTLY WITH EACH OTHER. VENUES AND VOWS CANNOT CONTROL THE VERACITY OF THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VENUE. VENUES AND VOWS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VENUES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK. NOTWITHSTANDING THE FOREGOING, VENUES AND VOWS RETAINS THE RIGHT, BUT NOT THE OBLIGATION TO CHANGE, EDIT, OR REMOVE LISTINGS AT ITS SOLE DISCRETION.
7) Registering an Account.
(a) To access certain features of the Site and Application, and to book a Venue or create a Listing, you must register to create an account ("Venues and Vows Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
(b) Your Venues and Vows Account and your Venues and Vows Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are prohibited from providing account information that impersonates another person or entity, or is misleading, confusing, deceitful, or otherwise inaccurate. Venues and Vows reserves the right to suspend or terminate your Venues and Vows Account and your access to the Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Venues and Vows Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Venues and Vows Account, whether or not you have authorized such activities or actions. You will immediately notify Venues and Vows of any unauthorized use of your Venues and Vows Account. Venues and Vows will not be liable for any loss or damage arising from your failure to comply with the above requirements.
8) Listing of Venues.
(a) As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Venue to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Venue and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Venues must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Venue via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Venue, you may not request the Guest to pay a higher price than in the booking request, unless discussed and approved by Venues & Vows.
(b) You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's use of, a Venue in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners associations, or lease or rental agreements, and (ii) will (A) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Venue included in a Listing you post (including having all required permits, licenses and registrations), and (B) not conflict with the rights of third parties. Please note that Venues and Vows assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Venues and Vows reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Venues and Vows, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Venues and Vows' then-current policies, or otherwise harmful to the Site, Application or Services.
(c) If you are a Host, you understand and agree that Venues and Vows does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Venue and utilizes your Venue, any agreement you enter into with such Guest is between you and the Guest and Venues and Vows is not a party to, or a third party beneficiary, of it.
(d) If you are a Host, Venues and Vows makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Venue. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who utilize at or are otherwise present at the Venue at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Venue.)
(e) Venues and Vows suggests that guests attain insurance when their guest list exceeds 24 people. Hosts may also require that guests attain insurance. Guests must comply with owner requests to attain insurance. In the case of the owner requiring insurance, guests must provide proof of insurance to Venues & Vows as well as the Host. Venues and Vows recommends that Hosts obtain their own appropriate insurance for their Venues. Please review any insurance policy that you may have for your Venue carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Venue) while at your Venue.
9) No Recommendations.
(a) Venues and Vows makes no official endorsements regarding any Member or any Venue. Members are required by these Terms to provide accurate information, and although Venues and Vows may undertake additional checks to help verify the identities or backgrounds of users, we are not required to do so and we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
(b) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Venues and Vows with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
(a) "Venue Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's use of a Venue. The Host alone, and not Venues and Vows, is responsible for the Venue Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee, a security deposit, an insurance fee, or any other fee permitted on the Venues and Vows platform, and (ii) Taxes that the Host determines that he or she has to collect. In the event that a Host decides to include any fees in addition to the Venue Fees, the Host must explain each fee and the amount in the “Rules and Considerations” section of the Host’s Venue Profile.
(b) "Guest Fees" means the fee that Venues and Vows charges a Guest for the use of the Services, which is calculated as a whole amount or percentage of the applicable Venue Fees. The Guest Fees are used to keep Venues and Vows open and to help provide users with customer service as well as cover certain transaction fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. Currently the Guest fees shall range between 6-15% of the total value of the Venue Fees for any booking, excluding any additional cleaning, insurance, security deposit and Taxes. Venues and Vows reserves the right to change the whole amount or percentage of the Guest Fees at any time.
(c) "Service Fees" means collectively the Guest Fees and the Host Fees. These Fees do not include any relevant Taxes, cleaning fees, security deposit requirements, or insurance fees that are required by a Host.
(d) “Transaction Fees” means the fee Venues & Vows must pay for credit card transactions. This fee is paid by the guest and is a 3% charge.
(e) "Total Fees" means collectively the Venue Fees and the Guest Fees plus any Taxes and transaction fees.
(f) In the event that a payment processing error is discovered or brought to our attention, we will take steps to rectify that error, which may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
11) Guests and Hosts Bookings and Financial Terms.
(a) If a booking is requested for a Host’s Venue via the Site, Application or Services, the Host will be required to either confirm or reject the requested booking within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested Venues and Vows provides Host with (i) the full name of the Guest who is requesting the booking, and (ii) a link to the Guest's Venues and Vows Account profile page. If you do not confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Venues and Vows for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Venues and Vows will send you an email, text message or message via the Application confirming the booking.
(b) Venues and Vows will collect the Guest Fees and a minimum of a 50% down payment at the time of booking confirmation (i.e. when the Host confirms the booking request) via a third-party payment processor. The remaining balance will be paid according to the host’s contract or, if not specified, the remaining balance will be charged six months in advance of the reservation. We will initiate payment of the Venue Fees (less Venues and Vows' Host Fees and any Taxes in respect of the Host Fees) to the Host within 24 hours of the Host’s payment schedule at the applicable Venue (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. Third-party payment processors, may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount. Venues and Vows does not store any credit card or payment information on our servers.
(c) If you owe or agree to pay any amount to Venues and Vows (whether as a result of your bookings or actions as a Guest or otherwise), then Venues and Vows may (but is not obliged to) withhold the amount owing to Venues and Vows from any payout amounts due to you as a Host, and use the withheld amount to set off the amount owed by you to Venues and Vows. If we do so, then your obligation to pay Venues and Vows will be extinguished to the extent of the amount withheld by us, and Venues and Vows will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to, and including the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, legal fees or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Venues and Vows by you. Such communication may be made by Venues and Vows or by anyone on its behalf, including but not limited to a third party collection agent or lawyer.
(d) The Hosts, not Venues and Vows, are solely responsible for honoring any confirmed bookings and making available any Venue reserved through the Site, Application and Services. If you, as a Guest, enter into a transaction with a Host for the booking of a Venue, you acknowledge and agree that you are entering into an agreement with the Host and you agree to accept the Host’s terms, conditions, rules and restrictions associated with such Venue. You agree and understand that you, and not Venues and Vows, will be responsible for performing the obligations of any such agreements. You understand and agree that Venues and Vows is not a party to such agreements, and that Venues and Vows disclaims all liability arising from or related to any such agreements, excluding its payment obligations hereunder.
(e) Upon your payment of the Total Fees to Venues and Vows via a third-party payment processor, you have completed your payment obligation to the Host. Venues and Vows is responsible for remitting the relevant Venue Fees (less the Host Fees and any Taxes in respect of the Host Fees), subject to these Terms.
(f) The Service shall provide Guest with an approximation of the Total Fees payable before the Guest sends a booking request to a Host. As stated above, the Host shall confirm or reject the booking request within the Booking Request Period. If Host fails to confirm or reject the booking request within the Booking Request Period, the requested booking will be automatically cancelled. If a requested booking is cancelled, any amounts collected will be refunded, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.
(g) You as a Guest agree to pay Venues and Vows for the Total Fees for any booking requested in connection with your Venues and Vows Account, in the event that your requested bookings are confirmed by the Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree to comply with any third-party processor requirements. As a general rule, once Venues and Vows receives confirmation of your booking from the Host, we shall collect the Total Fees due; if necessary, Total Fees may be collected at a later point. Venues and Vows does not and cannot control any fees that Guest may be charged by his or her bank related to Venues and Vows’ collection of the Total Fees, and Venues and Vows disclaims all liability in this regard.
12) Service Fees.
(a) In consideration for the use of Venues and Vows' online marketplace and platform, Venues and Vows charges the Service Fees. Where applicable, Taxes may also be charged in respect of the Guest Fees. Venues and Vows deducts the Guest Fees from the Venue Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
(b) Balances will be remitted by Venues and Vows to Hosts via direct deposit or other payment methods, as described on the Site or via the Application, depending upon the selections the Host makes via the Site, Application and Services.
13) Cancellations and Refunds.
(a) If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Venues and Vows will make a reasonable effort to cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Venue, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Venue Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application on the Host’s profile. The Transaction Fee and Guest Fee are non-refundable regardless of the cancellation policy selected by the Host.
(b) If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Venues and Vows will make a reasonable effort to refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Venues and Vows containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Venues and Vows the Total Fees relating to the confirmed booking for the Venue in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Venues and Vows, please contact Venues and Vows.
(c) If, as a Host, you cancel a confirmed booking, you will be charged the transaction fee and the guest fees. If, as a Host, you cancel a confirmed booking, you agree that Venues and Vows may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Venues and Vows Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
(d) In certain circumstances, Venues and Vows may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Venues and Vows' policies or for any other reason. You agree that Venues and Vows and the relevant Guest or Host will not have any liability for such cancellations.
(e) If, as a Host, your Guest cancels a confirmed booking or Venues and Vows decides that it is necessary to cancel a confirmed booking, and Venues and Vows issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Venues and Vows shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Venue Fees due to you.
14) Security Deposits.
Hosts may choose to include a security deposit(s) in their Listings ("Security Deposits"). Each Listing shall state if the Venue requires a Security Deposit. If a Security Deposit is included in a Listing for a confirmed booking of a Venue, and a Host makes a claim against such Security Deposit, Venues and Vows will use its commercially reasonable efforts to cause a charge to the Guest's payment method in the amount of the Security Deposit. Venues and Vows will also use its commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but Venues and Vows is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. Security Deposits will be sent to Guests via check by the Host if no damage has been caused to the Host’s property.
(a) Tax regulations may require Venues and Vows to obtain certain tax information from Hosts and/or to withhold Taxes from payouts to Hosts. Host are solely responsible for maintaining all tax information in complete, current, and accurate form. If the Host fails to provide Venue and Vows with documentation that we determine to be required by applicable law, we reserve the right in our sole discretion to freeze all payouts until the issue is resolved and/or to withhold such amounts as we believe required by law.
(b) The Host acknowledges and agrees that the Host is solely responsible for determining (i) applicable Tax reporting requirements, and (ii) the relevant Taxes, including Taxes to be collected or obligations relating to applicable Taxes in Listings, including any Occupancy Taxes or any relevant Value Added Taxes. Host is also solely responsible for remitting to the relevant authority any Taxes included or received. Venues and Vows cannot and does not offer Tax-related advice to any Members.
(c) You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Venue is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use the Venue, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary. You are solely responsible for the collection and payment of all Taxes to the applicable Tax Authority.
(d) Notwithstanding the foregoing, Venues and Vows shall collect all relevant occupancy taxes for Venues located in Portland, Oregon, San Francisco, California, Seattle, Washington, and Amsterdam, the Netherlands at the time of booking.
16) Venue Damage.
(a) As a Guest, when you leave a Venue you must leave it in the condition it was in when you arrived. As a Guest, you understand and agree that, you are responsible for your acts and omissions as well as the acts and omissions of any individuals whom you provide access to the Venue. In the event that a Host claims damages has occurred during your access to the Venue and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Venues and Vows Account. Venues and Vows also reserves the right to charge the credit card on file in your Venues and Vows Account, or otherwise collect payment from you and pursue any avenues available to Venues and Vows in this regard, including using Security Deposits, in situations in which you have been determined, in Venues and Vows’ sole discretion, to have damaged any Venue. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Venue to the applicable Host or to Venues and Vows (if applicable).
(b) Both Guests and Hosts agree to cooperate with and assist Venues and Vows in good faith, and to provide Venues and Vows with such information and take such actions as may be reasonably requested by Venues and Vows, in connection with any complaints or claims made by Members relating to Venues or any personal or other property located at an Venue or with respect to any investigation undertaken by Venues and Vows or a representative of Venues and Vows regarding use or abuse of the Site, Application or the Services.
(c) If you are a Guest, you understand and agree that Venues and Vows may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Venue or any personal or other property located at a Venue. You agree to cooperate with and assist Venues and Vows in good faith, and to provide Venues and Vows with such information as may be reasonably requested by Venues and Vows, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Venues and Vows may reasonably request to assist Venues and Vows in accomplishing the foregoing.
17) Failure to Leave.
Guests agree that a reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration as specified in the reservation and in accordance with the agreement between the Guest and the Host. As such, Guests agree to leave the Venue no later than the checkout specified by the Host in the Listing, or at another mutually agreed upon time. If a Guest fails to leave the Venue by the checkout time without the Host's consent, the Guest no longer has a license to remain at the Venue and the Host has the legal authority to make the Guest leave. Moreover, Guests agree and acknowledge that the Host can charge the Guest, for any amount of time that the Guest stays over the agreed period without the Host's consent, which additional fee shall be two times the average daily Venue Fee originally paid by the Guest. This additional fee is to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host in ensuring the Venue is vacated (collectively, "Additional Sums"). Guests, in advance, agree that Venues and Vows shall have the right to charge the Guest's credit card or request other payment to collect these Additional Sums.
18) Member Content.
Venues and Vows doesn’t own Member Content you post or submit to the Site. But by posting content you grant us a license over your content in order to perform our Service. By way of an example, when you post content on the Site, you agree to these terms:
(a) You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and other rights with respect to your Content.
(b) When we use your content, we can make certain changes (we can edit or translate it). And you grant us the right to do the following: edit, modify, reformat, excerpt, delete, or translate any of your Content.
(c) You agree that you will not submit content you don’t hold the authority to submit (you either own the copyright or you have permission to submit it). Your Content will not contain material that is subject to a third-party copyright, or some other third-party proprietary rights, without the express permission from the material’s owner, or you are somehow otherwise legally entitled to use the material and you have the authority to give us all the rights outlined herein.
(d) You agree that you will pay all royalties and other amounts that may be owed to any person or entity based on your use of the Content you submit to Venues and Vows. This includes any amounts owed that is based upon Venues and Vows’ hosting of that Content.
(e) You promise that any of our use of your Content will not violate anyone’s rights, including copyrights. More specifically, if Venues and Vows or its Members make use of your Content in any ways acceptable under these Terms, you promise that this use will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract, or any other intellectual property or proprietary rights.
(f) You are responsible for the content you submit. We’re not responsible for mistakes in your content. And we will not be liable for any errors or omissions in any content.
(g) If you provide any comments, suggestions, or other feedback regarding the Site, Application or Services, you grant Venues and Vows a license to use such comments, suggestions and feedback on a non-exclusive, worldwide, fully paid, perpetual, irrevocable basis. This license includes the right to disclose, modify, reproduce, license, distribute, commercialize and otherwise freely use such comments suggestion and feedback without any restriction.
(h) The submission of your Member Content on the Services is entirely voluntary and non-confidential. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
(i) You have all necessary rights to submit the Member Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Member Content.
(ii) You understand that disclosure of Member Content does not establish a confidential relationship or obligate Venues and Vows to treat your Member Content (or any related materials) as secret or confidential.
(iii) You irrevocably release and forever discharge Venues and Vows and our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation regarding how Venues and Vows and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not do any of the following and that in the event that you do, Venues and Vows has the right to investigate and prosecute violations of any of the below to the fullest extent of the law.
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(b) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
(c) (i) access, tamper with, or use non-public areas of the Services, Venues and Vows’ computer systems, or the technical delivery systems of Venues and Vows’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Venues and Vows (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Venues and Vows (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; (viii) take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone; (ix) post information you know, or reasonably should know to be false, misleading, or inaccurate or do anything deceptive or fraudulent; or (x) issue an offer that is illegal, violates any of Venues and Vows’ policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
(d) use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
(e) copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
(f) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(g) use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(i) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Site, Application, or Services;
(j) engage in disorderly conduct, violence, abuse, defamation, sexual harassment, racial slurs, insults, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or of Venues and Vows;
(k) offer, as a Host, any Venue that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Venue as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
(l) offer, as a Host, any Venue that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
(m) unless Venues and Vows explicitly permits otherwise, request or book any Venue if you will not actually be utilizing the Venue yourself;
(n) contact a Host for any purpose other than asking a question related to a booking, such Host's Venue or Listings;
(o) contact a Guest for any purpose other than asking a question related to a booking or such Guest's use of the Site, Application and Services;
(p) recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Venues and Vows, without Venues and Vows’ prior written approval;
(q) impersonate another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(r) use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
(s) use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of a Venue independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Venues and Vows’ provision of the Services or for any other reasons; for example, a Guests may not use the Site as a search tool to identify venues and then proceed to book the venue outside of Venues & Vows, including using a friend, family member or other third party to book the venue in an attempt to avoid Service Fees; similarly, venues may not use their own booking/e-commerce tools to book their venue if a Guest used Venues & Vows to identify the venue; If a Guest and Venue complete a booking outside of Venues & Vows that as a result of discovering one another through Venues & Vows, the Guest and Host will both be fined a fee equal to 12% of the Total Fees charged for the booking;
(t) as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
(u) submit any Content that violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; is a direct and specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability;
(v) access, tamper with, or use non-public areas of the Site, Application or Services, Venues and Vows’ computer systems, or the technical delivery systems of Venues and Vows’ providers;
(w) advocate, encourage, or assist any third party in doing any of the foregoing;
21) Copyright Ownership, and Data Security.
(a) Venues and Vows owns intellectual property rights to any protectable part of the Services and Venues and Vows Content, including but not limited to the design, artwork, images, code, icons, photographs of products, labels, slogans, tag lines, functionality, and documentation. You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Venues and Vows Content.
(b) Venues and Vows respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to Venues and Vows’ copyright agent:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
(c) All Internet websites are subject to the Digital Millennium Copyright Act (“DMCA”), which is a set of legal requirements that covers allegations of copyright infringement. We comply with the DMCA, and respond to notices of alleged infringement that comply with the DMCA. As a result, we reserve the right to unilaterally delete or otherwise disable or eliminate content that we are notified may be infringing an existing copyright. Moreover, we reserve the right to terminate the accounts of any repeat infringers. This decision is made at our sole discretion. Any notices of potential copyright infringement must be sent to our designated agent for notice of alleged copyright infringement through the below contact details: [email protected]______.
22) License to Content.
(a) Subject to your compliance with the terms and conditions of these Terms, Venues and Vows grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Venues and Vows Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
(b) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Venues and Vows or its licensors, except for the licenses and rights expressly granted in these Terms.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Venues and Vows is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Venues and Vows of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
24) Proprietary Rights Notices.
All trademarks, service marks, logos, trade names and any other proprietary designations of Venues and Vows used herein are trademarks or registered trademarks of Venues and Vows. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Venues and Vows and you hereby irrevocably assign to Venues and Vows and agree to irrevocably assign to Venues and Vows all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Venues and Vows’ request and expense, you will execute documents and take such further acts as Venues and Vows may reasonably request to assist Venues and Vows to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
26) Cancellation; Termination.
(a) This Agreement shall remain in full force and effect while you use the Services. You may cancel your Account at any time via the Site.
(b) In the event your cancel your Account or your Account is terminated, your right to access any the Site, Application, Services, and Member Content will immediately cease, any pending or accepted future bookings are immediately terminated, and you will not be entitled to any compensation for any reservations or bookings that were cancelled as a result of your cancellation or termination. Please note that if your Venues and Vows Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or feedback. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
27) Limitations on Liability.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) SHALL VENUES AND VOWS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS OR REVENUE OR LOSS OF BUSINESS THAT ARISES OUT OF OR RELATES TO OUR SERVICES OR THE BREACH THEREOF, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL VENUES AND VOWS’ LIABILITY EVER EXCEED THE FEES VENUES AND VOWS RECEIVES THROUGH ITS SERVICES.
You agree to defend, indemnify, and hold Venues and Vows harmless from and against any and all claims, suits, and/or causes of action for losses, liabilities or damages (including reasonable attorney’s fees) suffered by Venues and Vows arising out of or related to: (1) your breach of any of these Terms; (2) any false or misleading statements you make while using our Services; (3) your use of the Services, Site, or Application; or (4) any intentional or negligent act you perform related to our Services. We reserve the right to assume the exclusive defense and control of any matter subject to this indemnification clause. You agree that you’ll cooperate and help us in asserting any defenses.
29) “AS-IS” Services.
You acknowledge and accept that your use of our Services are at your own risk. You understand and acknowledge that we provide our Services to you “as is” and “as available” and without any warranties, express or implied. VENUES AND VOWS IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. VENUES AND VOWS DISLCAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VENUES AND VOWS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
30) Reporting Misconduct.
If you interact with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Venues and Vows by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Venues and Vows (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(a) Venues and Vows’ failure to enforce or exercise a right provided in these Terms is not a waiver of that right.
(b) Any dispute between you and Venues and Vows will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
(c) This Terms of Service, together with any incorporated documents, constitutes the entire agreement between you and Venues and Vows and supersedes any and all previous agreements, written or oral, between you and Venues and Vows, including previous versions of the Terms of Service.
(d) These Terms create an agreement between Us and you. They create no third-party beneficiary rights.
(e) Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.
(f) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
(g) You hereby acknowledge that you have read and understood all of the terms and conditions contained in this Terms of Service and further agree to be bound to the Terms of Service regarding your participation in and use of the Services.