Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE 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.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. 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 VIVAVOYAGER.
VivaVoyager provides an online platform that connects hosts who have accommodations to list and to rent or exchange with guests seeking to book or exchange such accommodations (collectively, the “Services“), which Services are accessible at www.vivavoyager.com.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK OR EXCHANGE ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT VIVAVOYAGER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS VIVAVOYAGER A REAL ESTATE BROKER, AGENT OR INSURER. VIVAVOYAGER HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON VIVAVOYAGER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH VIVAVOYAGER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF VIVAVOYAGER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF VIVAVOYAGER. VIVAVOYAGER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF VIVAVOYAGER, INCLUDING BY INAPPROPRIATELY USING ANY VIVAVOYAGER INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE 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.
VivaVoyager reserves the right, at its sole discretion, to modify the Site, 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 provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If you do not close your VivaVoyager Account you will be deemed to have accepted the changes.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
We in our sole discretion can obtain the local version of background checks for any criminal records in past. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from VivaVoyager’s vendors.
The Site and Services can be used to facilitate the listing, booking and exchanging of Accommodations. Such Accommodations are included in Listings on the Site and Services by Hosts. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book/exchange an Accommodation or create a Listing, you must first register to create an VivaVoyager Account (defined below).
As stated above, VivaVoyager makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings and exchanging of Accommodations directly with each other. VivaVoyager is not an owner or operator of properties, including, but not limited to, hotel rooms, other lodgings or accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or accommodations and VivaVoyager does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, other lodgings or accommodations or transportation or travel services. Unless explicitly specified otherwise in the VivaVoyager platform, VivaVoyager’s responsibilities are limited to facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING, BOOKING AND EXCHANGING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. VIVAVOYAGER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. VIVAVOYAGER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS AND EXCHANGE WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site to book and exchange an Accommodation or create a Listing, you must register to create an account (“VivaVoyager Account“) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site as described below. As part of the functionality of the Site and Services, you may link your VivaVoyager Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to VivaVoyager through the Site or Services; or (ii) allowing VivaVoyager to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to VivaVoyager and/or grant VivaVoyager access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating VivaVoyager to pay any fees or making VivaVoyager subject to any usage limitations imposed by such third-party service providers. By granting VivaVoyager access to any Third-Party Accounts, you understand that VivaVoyager will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site and Services via your VivaVoyager Account and VivaVoyager Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your VivaVoyager Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or VivaVoyager’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRDPARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. VivaVoyager makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and VivaVoyager is not responsible for any SNS Content.
Your VivaVoyager Account and your VivaVoyager Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active VivaVoyager Account. 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. VivaVoyager reserves the right to suspend or terminate your VivaVoyager Account and your access to the Site and Services if you create more than one (1) VivaVoyager Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on VivaVoyager, you are not permitted to share your VivaVoyager Account with anyone or allow others to access or use your VivaVoyager Account. You agree that you will take sole responsibility for any activities or actions under your VivaVoyager Account, whether or not you have authorized such activities or actions. You will immediately notify VivaVoyager of any unauthorized use of your VivaVoyager Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.
Other Members will be able to book or exchange with your Accommodation via the Site and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.
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 or exchange of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation 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 VivaVoyager assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. VivaVoyager reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that VivaVoyager, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or VivaVoyager’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site or Services.
If you are a Host, you understand and agree that VivaVoyager does not act as an insurer or as your contracting agent. If a Guest requests a Booking or Exchange of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and VivaVoyager is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking or Exchange of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “List Your Space” section of the Site and Services.
If you are a Host, VivaVoyager makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre approve for Booking or Exchange of your Accommodation. 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 reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
VivaVoyager recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation 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 or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
You agree that as a host you alone are responsible for ensuring that your Listing is accurately represented in the images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. If your VivaVoyager Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that VivaVoyager retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Members are required by these Terms to provide accurate information. VivaVoyager may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by VivaVoyager about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or pre approve a Booking or Exchange request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site 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 VivaVoyager 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. This limitation shall not apply to any claim by a Host against VivaVoyager regarding the remittance of payments received from a Guest by VivaVoyager on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
The Hosts, not VivaVoyager, are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking or Exchange of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.
You acknowledge and agree that you, and not VivaVoyager, will be responsible for performing the obligations of any such agreements, that VivaVoyager is not a party to such agreements, and that, VivaVoyager disclaims all liability arising from or related to any such agreements.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. VivaVoyager cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Hosts may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. VivaVoyager will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but VivaVoyager is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
Guests agree that a confirmed Booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums“).
- 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, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
- 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;
- 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, Services or Collective Content;
- use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies VivaVoyager endorsement, partnership or otherwise misleads others as to your affiliation with VivaVoyager;
- dilute, tarnish or otherwise harm the VivaVoyager brand in any way, including through unauthorized use of Collective Content, registering and/or using VivaVoyager or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to VivaVoyager domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of VivaVoyager or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site 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
- use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an VivaVoyager Guest or Host;
- offer, as a Host, any Accommodation that you do not yourself own or have permission to Book or Exchange as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of an agent for a third party);
- offer, as a Host, any Accommodation that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
- register for more than one VivaVoyager Account or register for an VivaVoyager Account on behalf of an individual other than yourself;
- unless VivaVoyager explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
- contact another Member for any purpose other than asking a question related to a Booking or Exchanging, Accommodation, Listing, or the Member’s use of the Site and Services;
- recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to VivaVoyager, without VivaVoyager’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
- as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- violate these Terms or VivaVoyager’s then-current Policies and Community Guidelines or Standards;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site 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;
- use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, VivaVoyager’s name, any VivaVoyager trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without VivaVoyager’s express written consent;
- access, tamper with, or use non-public areas of the Site or Services, VivaVoyager’s computer systems, or the technical delivery systems of VivaVoyager’s providers;
- attempt to probe, scan, or test the vulnerability of any VivaVoyager system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by VivaVoyager or any of VivaVoyager’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- 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 or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing
- VivaVoyager has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, VivaVoyager may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or VivaVoyager Account, for a violation of this Section or these Terms.
- VivaVoyager may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against VivaVoyager or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of VivaVoyager, its users, or members of the public. You acknowledge that VivaVoyager has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. VivaVoyager reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that VivaVoyager, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
- If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to VivaVoyager 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.
Intellectual Property Ownership and Rights Notices
- The Site, 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, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of VivaVoyager 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, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of VivaVoyager used on or in connection with the Site, Services, and VivaVoyager Content are trademarks or registered trademarks of VivaVoyager in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Services, and VivaVoyager Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Services and Collective Content, including VivaVoyager’s Trademark & Branding Guidelines (as may be updated from time to time).
VivaVoyager Content and Member Content License
- Subject to your compliance with these Terms and VivaVoyager’s Trademark & Branding Guidelines, VivaVoyager grants you a limited, non-exclusive, non-transferable license, to (i) access and view any VivaVoyager 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, 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 VivaVoyager or its licensors, except for the licenses and rights expressly granted in these Terms.
- We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Services, or through VivaVoyager promotional campaigns, you hereby grant to VivaVoyager a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. VivaVoyager 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.
- You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Services or through VivaVoyager promotional campaigns. 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, Services or through VivaVoyager promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to VivaVoyager 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 VivaVoyager’s use of the Member Content (or any portion thereof) on, through or by means of the Site, the Services or VivaVoyager promotional campaigns 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.
- The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that VivaVoyager 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 VivaVoyager 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.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of VivaVoyager and you hereby irrevocably assign to VivaVoyager and agree to irrevocably assign to VivaVoyager 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 VivaVoyager’s request and expense, you will execute documents and take such further acts as VivaVoyager may reasonably request to assist VivaVoyager to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- VivaVoyager respects copyright law and expects its users to do the same. It is VivaVoyager’s policy to terminate in appropriate circumstances the VivaVoyager Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension and Other Measures
- These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or VivaVoyager terminate these Terms as described below.
Termination for convenience
- You may terminate these Terms at any time by cancelling your account for that you can send us an email. If you cancel your VivaVoyager Account as a Host, any confirmed Bookings will be automatically cancelled. If you cancel your VivaVoyager Account as a Guest, any confirmed Booking will be automatically cancelled.
- Without limiting our rights specified below, VivaVoyager may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
- VivaVoyager may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the VivaVoyager Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) VivaVoyager believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, VivaVoyager or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- In addition VivaVoyager may deactivate or delay Listings, reviews, or other Member Content, limit your use of or access to your VivaVoyager Account and the Site or Services, temporarily or permanently revoke any special status associated with your VivaVoyager Account, or temporarily or permanently suspend your VivaVoyager Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) VivaVoyager believes in good faith that such action is reasonably necessary to protect the safety or property of Members, VivaVoyager or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- In case of non-material breaches and where appropriate, you will be given notice of any measure by VivaVoyager and an opportunity to resolve the issue to VivaVoyager’s reasonable satisfaction.
- If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your VivaVoyager Account or any of your Member Content. If your access to or use of the Site and Services has been limited or your VivaVoyager Account has been suspended or this Agreement has been terminated by us, you may not register a new VivaVoyager Account or attempt to access and use the Site and Services through other VivaVoyager Accounts.
- If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VIVAVOYAGER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, SERVICES, COLLECTIVE CONTENT “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VIVAVOYAGER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VIVAVOYAGER MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VIVAVOYAGER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIVAVOYAGER OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT VIVAVOYAGER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. VIVAVOYAGER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY VIVAVOYAGER. VIVAVOYAGER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
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, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF VIVAVOYAGER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER VIVAVOYAGER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT 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, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING/EXCHANGE OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIVAVOYAGER 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.
UNDER NO EVENT WILL VIVAVOYAGER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS.
You agree to release, defend, indemnify, and hold VivaVoyager 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, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking/Exchanging of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking/Exchanging of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking/Exchanging or use of an Accommodation.
Except as they may be supplemented by a document referenced and incorporated herein or by additional VivaVoyager policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between VivaVoyager and you regarding the Site, Services, Collective Content, and any Bookings/Exchanging or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VivaVoyager and you regarding Bookings or listings of Accommodations, the Site, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without VivaVoyager’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. VivaVoyager 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, will be in writing and given by VivaVoyager by posting to the Site.
If you have any questions about these Terms please contact VivaVoyager.