TERMS & CONDITIONS OF USE

Welcome to MrVacation.com. Use of the MrVacation.com web website and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement. If you do not fully agree to these Terms, you may not access or otherwise use the Website. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and MrVacation.com ("MrVacation.com", "we", "us" or "our"). MrVacation.com reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our website and considered effective 30 days from the date they are posted to the website. If you do not fully agree to these Terms, you may not access or otherwise use the Website.  Each vacation home owner/agent has access to his/her listing 24 hours per day, except in the case of scheduled or unscheduled outages. MrVacation.com does not warrant that website service will be uninterrupted. Each vacation home owner/agent is responsible for maintaining the accuracy and currency of his/her listing. MrVacation.com does not warrant that the website is error free. MrVacation.com is not responsible for the payment or refund of any rental fees or deposits. MrVacation.com is not a property manager and does not represent any owner/agent or renter. MrVacation.com recommends that property owners/agents and renters assume that any potential transaction may be fraudulent and that positive steps be taken to establish the legitimacy of the transacting party.All questions regarding this User Agreement should be sent via email to Legal Support .

1. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing MrVacation.com with true and correct information as required on the MrVacation.com registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.

2. MrVacation.com Serves Only as a Venue.

2.1. 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 Website. Instead, the Website acts as a venue to allow a member of our Website (each, a "member") to offer for rent, or sell, in a variety of pricing formats, a specific vacation rental property to potential renters or buyers  (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/buy vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of the users.

3. Personal Use.

3.1. Although we do charge a fee to members to advertise their properties on the Website, we do not charge travelers to access the Website and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Website 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 Website is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Website 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 Website, 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.

4. Proprietary Rights and Downloading of Information From the Website.

4.1. The Website 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, maps and other materials on the Website (collectively, the "content") are only for your personal use. All content on the Website, and the Website 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 Website. 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 Website. You may not modify the same, and you must reproduce our copyright notice in the form "© 2001 - 2008 MrVacation.com - All Rights Reserved" as displayed on the relevant portion(s) of the Website that you desire to download, display or print.

5. Unauthorized Use.

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:

Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Website;
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reverse engineer any part of this Website;
Sell, offer for sale, transfer, or license any portion of the Website 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 Website;
Use the Website other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members;
Use the Website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Disguise the origin of the information transmitted through the Website.
Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website, or any other computer systems or networks used by us or the Website, 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 Website 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 Website, or appropriate the Website 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; or
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;

If you are aware of or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above, or in violation of any other provision of these Terms, please inform us of any such violation by sending an email to support@mrvacation.com

6. Data Transmittal

6.1. Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Website from such user at locations both within and outside of the United States. 8.1. User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Website.

7. Privacy

7.1. When you use the website to send an inquiry to a member, you agree to allow the website to add your e-mail address to our database of users. You may receive one or more promotional e-mails from us but you are welcome to opt not to receive such promotional e-mails from the website at any time by sending an e-mail to support@mrvacation.com . Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of the Website signifies your acknowledgement of and agreement with our Privacy Policy.

8. Changes to website

8.1. We may suspend, change, or discontinue any aspect of the website at any time, including the availability of any website features, database, or content. We may also impose limits on certain features or services or restrict your access to parts, or all, of the website without notice or liability.

9. Accuracy.

9.1. We do not and cannot review all content posted to the Website by members, or by other users or travelers who may have posted on the Website a review of or guest book entry for any particular rental property, and we are not responsible for any such materials posted by such members, travelers or other users. All property listings on the Website are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. If you are a member, by accepting these Terms and paying to list on the Website, you agree to indemnify and hold the Website and any member of the Vacation Rentals Group (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Members are solely responsible for keeping their property information up to date on the Website, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Website is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. 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.

10. User Identity Verification

Because of difficulties involved with verification over the Internet, MrVacation.com is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them.

11. Disputes and Release

Because MrVacation.com has no involvement in transactions between users we can not get involved in disputes between users. You hereby release MrVacation.com (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.

12. Limitations of Use of Other User's Information; No Spam.

12.1. You agree that, with respect to other users' personal information that you obtain through the Website or through any Website-related communication or any Website-facilitated transaction, we have granted to you a license to use such information only for: (a) any Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

12.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Website user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent.

13. Use of Email Tools

13.1. You may not use the "Email This Item to a Friend" service or other email services that we may offer to send spam or otherwise send content that would violate these Terms. We do not permanently store email messages or the email addresses sent from these tools. If you send email using the "Email This Item to a Friend" service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.

14. Limitation of Liability.

14.1. IN NO EVENT WILL THE WEBSITE, MRVACATION.COM, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "VACATION RENTALS GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, THESE TERMS, YOUR USE OF THE WEBSITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE VACATION RENTALS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.

15. Indemnity.

15.1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE WEBSITE AND ANY MEMBER OF THE VACATION RENTALS GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE WEBSITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. 

16. Disclaimer.

16.1. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.16.2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE 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 WEBSITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

17. Release.

17.1. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE WEBSITE AND ANY MEMBER OF THE VACATION RENTALS GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

18. Choice of Law and Forum.

18.1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PURSUANT TO THESE TERMS WILL BE FILED IN TRAVIS COUNTY, TEXAS WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.

19. Notification of Claims of Infringement.

19.1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual property infringement at: support@mrvacation.com or

MrVacation.com
Attn: Legal Dept
1111 Lincoln Road 4th Floor
Miami Beach, Florida 33139

Please include the following in your notice: (a) 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; (b) identify with specific detail the material on the Website that you claim is infringing; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

20. No Agency

20.1. Our relationship is that of independent contractors and no agency, joint venture, partnership, employee, employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Website.

21. Notices

21.1. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to support@mrvacation.com or by postal mail to:

MrVacation.com
1111 Lincoln Road 4th Floor
Miami Beach, Florida 33139

In the case that we need to send you notice, we will send to the email address you provide to the Website during the registration. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.

22. Links to Third-Party Websites.

22.1. This Website may contain links and pointers to other Internet websites, resources, and sponsors of the Website. Links to and from the Website to other third-party websites, maintained by third parties, do not constitute an endorsement by us of any third-party websites or the contents thereof.

23. Your Record of These Terms.

23.1. We do not separately file the Terms entered into by each user of the Website. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

24. Amendments.

24.1. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Website and will be effective immediately thereafter. Your continued use of the Website following the posting of any such change, modification or amendment will constitute your acceptance thereof. 

25. Miscellaneous.

25.1. These terms constitute the entire agreement between us and you with respect to your use of the Website. We may immediately terminate any user's access to or use of the Website due to such user's breach of these Terms or other unauthorized use of the Website. Any cause of action you may have hereunder or with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Additional Terms and Conditions Applicable to Our Members.

26. Copy, Content and Layout

26.1. We reserve the right to determine in our sole discretion the final design, layout and functionality of our Website, which is subject to change from time to time without notice.26.2. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion.26.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us. 

27. Member Eligibility; Accuracy of Information.

28. Photographs

28.1. All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.

28.2. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

28.3. By submitting a photograph either electronically through the Website or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Website and any member MrVacation.com from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

29. Hypertext Links

29.1. We reserve the right to refuse hypertext links to, or addresses of, other webwebsites 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.

30. Copyright Grant.

30.1. If you are a member, by accepting these Terms and by paying for and posting a listing on the Website, 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 photographs and the likenesses (if any) of any content you post on the Website or the webwebsites of our affiliates, and you grant the Website and its holding company, MrVacation.com, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. 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 Website and any member of MrVacation.com 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.

30.2. Each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Website.

30.3. It is the member's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The member warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.

31. Guest Books/Property Reviews.

31.1. 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.

32. Substitution of Properties.

32.1. 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.

33. Unauthorized Payment Methods

33.1. No member may request any traveler to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website from time to time may result in the immediate removal of the non-conforming listing from the Website without notice to member and without refund.

34. Advertising Multiple Properties on One Advertisement.

34.1. Each advertisement on the Website displays an individual and uniquely identified property available for short-term vacation rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same website and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

35. Termination of Listings

35.1. All listings (regular and featured) are sold to run the full term that is chosen by the member. Refunds are only available for your first listing during the first month of service. No refunds are available during your second or subsequent listings. Please take this into account prior to adding additional listings or renewing your listing. Refunds do not apply to timeshare units OR in cases where the property is offered for rent less than 6 months of the year. If you are dissatisfied with your initial listing for ANY REASON during the first month of service, we will cancel your listing and send you a refund less a $25 service fee.

To request a refund, please send your request to support@mrvacation.com and include your listing number, and your reason for dissatisfaction.
If you renew your listing, you do so with the understanding that it will remain online for the full term that is chosen with no refund.

35.2. We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Website. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

35.3. If, in our sole discretion, any member submits unsuitable material to our Website or into our database, persistently misuses the Website or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from the Website without refund.

35.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive listing from the Website (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Website without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the website without notice to the member and without refund.

35.5. If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Website without notice to the member and without refund.

36. Transfer of Listing.
 

36.1. 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.

37. Payment.

37.1. Payment for listings must be made in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.