TERMS AND CONDITIONS
WORLDESCAPE.COM BY WORLDESCAPE, LLC
TERMS OF SERVICE
Last Updated: NOVEMBER 11, 2015
HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITY. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES.
IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER.
LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON WORLDESCAPE.COM
As part of the Service, WorldEscape will provide you with the use of the Service, including a browser interface and data encryption, transmission, access, and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the WorldEscapeGroup website incorporated by reference herein, including but not limited to WorldEscape’s privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
WorldEscape, LLC (hereafter referred to as "WorldEscape", "we", "us", or "our") provides an online platform that advertise and sync online property listings by using WorldEscape Technology. A list of the Services is accessible at www.worldescapegroup.com and any other websites through which WorldEscape makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted and/or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will control..
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, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, 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 OR TO PARTICIPATE IN THE REFERRAL PROGRAM. 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.
1. KEY TERMS
“Collective Content” means Member Content and WorldEscape Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Member” means a person and/or entity who completes WorldEscape’s account registration process for any reason.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any taxes, including, but not limited to sales taxes, value added taxes (VAT), goods and services taxes (GST), personal or corporate income taxes, municipal, city, state and/or federal taxes,
“WorldEscape Content” means all Content that WorldEscape makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“you” shall refer to any and all individuals and/or entities that access the Site for any reason whatsoever, regardless of whether or not said individuals and/or entities is also a Member.
WorldEscape 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 we modify these Terms, we will post the modification on the Site or via the Application and also update the “Last Updated Date” at the top of these Terms. Any access or use of the Site, Application or Services by you after the Terms have been modified shall constitute your agreement to be bound by the modified Terms. If the modified 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.
4. BOOKING SERVICE FEE AND FINANCIAL TERMS
a. Service Fees
In consideration for providing the Services, WorldEscape collects 10% to 20% service fees as Booking Service for advertising (“Service Fees”). Service Fees are non-refundable.
5. GENERAL SERVICE AND FINANCIAL TERMS
a. Cancellations and Refunds
If you cancel your request before the confirmation by us, WorldEscape will refund any Service Fees collected for such service within a commercially reasonable time, minus an applicable charges and/or fees which will be listed on.
If we cancel a confirmed service, WorldEscape will refund the Total Fees for such service within a commercially reasonable time of the cancelation and you will receive an email or other communication from WorldEscape containing alternative Listings and other related information
For any others reasons the Service Fee is non-refundable.
b. Recurring Payments
If Recurring Payments apply to your payment obligations for Total Service Fees owed, you authorize WorldEscape to collect the Total Service Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application, and Services.
c. Foreign Currency
The currency in which you will be charged will be determined by WorldEscape based on the payment method you select and the location of the Listing, WorldEscape will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that WorldEscape has uploaded to the Site as of the date and time that your service is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i)although WorldEscape updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.
6. USER CONDUCT
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 Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
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, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
c) use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
d) copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes, not expressly permitted by these Terms;
e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
f) interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
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 or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
i) "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a WorldEscape Guest or Manager/Host/Owner/Agent;
l) register for more than one WorldEscape Account or register for a WorldEscape Account on behalf of an individual other than yourself;
m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
n) use automated scripts to collect information or otherwise interact with the Site, Application or Services;
o) systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
p) use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, WorldEscape’s name, any WorldEscape trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WorldEscape’s express written consent;
q) access, tamper with, or use non-public areas of the Site or Application, WorldEscape’s computer systems, or the technical delivery systems of WorldEscape’s providers;
r) attempt to probe, scan, or test the vulnerability of any WorldEscape system or network or breach any security or authentication measures;
s) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WorldEscape or any of WorldEscape’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
t) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
u) attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the preceding.
v) WorldEscape will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WorldEscape may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WorldEscape has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WorldEscape reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that WorldEscape, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, is the exclusive property of WorldEscape and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
9. APPLICATION LICENSE
Subject to your compliance with these Terms, WorldEscape grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. WorldEscape reserves all rights in the Application not expressly granted to you by these Terms.
10. WORLDESCAPE CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, WorldEscape grants you a limited, non-exclusive, non-transferable license, to (i) access and view any WorldEscape 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.
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 WorldEscape or its licensors, except for the licenses and rights expressly granted in these Terms.
a. Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content to any third-party for any reason. By making available any Member Content on or through the Site, Application and Services, you hereby grant to WorldEscape a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means including, but not limited to the Site, Application, and Services. WorldEscape does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content, however, any and all modifications, derivative works and/or other independent uses of Member Content by WorldEscape shall be the sole and exclusive property of WorldEscape and you hereby disclaim any and all rights with respect to same.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, and Services. Accordingly, you represent and warrant that: (i) you either are the sole, and exclusive owner of all Member Content that you make available through the Site, Application, and Services or you have all rights, licenses, consents and releases that are necessary to grant to WorldEscape the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WorldEscape’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify and hold WorldEscape harmless from any and all claims arising from any third-party dispute arising from breach of the representations made herein.
The Site, Application, and Services may contain links to third-party websites or resources. You acknowledge and agree that WorldEscape 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 WorldEscape 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.
c. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of WorldEscape used herein are trademarks or registered trademarks of WorldEscape. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
e. Copyright Policy
WorldEscape respects copyright law and expects its users to do the same. It is WorldEscape’s policy to terminate in appropriate circumstances the WorldEscape Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see WorldEscape’s Copyright Policy at www.worldescapegroup.com/terms, for further information.
11. TERMINATION AND WORLDESCAPE ACCOUNT CANCELLATION
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY LISTING OR SERVICE VIIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WORLDESCAPE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WORLDESCAPE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY 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, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WORLDESCAPE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold WorldEscape and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, out of pocket costs, lost profits and/or all reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms.
14. ENTIRE AGREEMENT
These Terms constitute the entire, and exclusive understanding and agreement between WorldEscape and you regarding the Site, Application, Services, Collective Content, Referral Program, and any Service made via the Site, Application, and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WorldEscape and You.
You may not assign or transfer these Terms, by operation of law or otherwise, without WorldEscape’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WorldEscape may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given to you by WorldEscape (i) via email (in each case to the address that you provide); (ii) by posting to the Site or via the Application; or (iii) via reputable overnight courier. Any notice you issue to WorldEscape must be delivered by via reputable overnight courier only with signature receipt required. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted, for all other notices, the date of receipt will be deemed the date on which such notice is received.
17. CONTROLLING LAW, JURISDICTION AND VENUE
These WorldEscape Terms of Service will be interpreted in accordance with the laws of United States of America, without regard to its conflict-of-law provisions. You hereby agree that any and all disputes between you and WorldEscape of any nature shall be subject to the exclusive jurisdiction and venue of the Court located in Wilmington, Delaware, USA. In the event WorldEscape is the prevailing party in any such dispute, you agree to pay all reasonable attorney’s fees incurred by WorldEscape in connection with such dispute.
The failure of WorldEscape to enforce any right or provision of these WorldEscape Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WorldEscape. Except as expressly set forth in these WorldEscape Terms of Service, the exercise by either party of any of its remedies under these WorldEscape Terms of Service will be without prejudice to its other remedies under these WorldEscape Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these WorldEscape Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these WorldEscape Terms of Service will remain in full force and effect. This Agreement constitutes the sole agreement among the parties and supersedes all prior agreements, representations, warranties, statements, promises, arrangements and understandings, whether oral or written, express or implied, between the parties with respect to the subject matter hereof. It may not be assigned, changed or modified except by an instrument in writing signed by the party or parties to be bound thereby. The use of headings is for convenience only and shall not be used to interpret or construe its provisions.