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RivieraRental.Com, Inc. ("RivieraRental") does
not charge vacationers, tourists, property renters, travelers or website visitors
("Users") to access RivieraRental. However, the RivieraRental website
(the "Website") is only to be utilized by Users who are planning to
review and reserve for their sole use any Riviera rental
property listed herein by a property owner ("Owner/Lister"). Any use
by a person or entity for any purpose other than for the research and
subsequent booking of a holiday rental property is strictly
prohibited. Click here for our Privacy Policy.
1) Your Acceptance of Terms: If you do not
agree with any of these Terms of Use, then please do not use the
Website. By visiting and use of this Website you are hereby deemed to
have irrevocably agreed to the terms and conditions herein. These
Terms of Use may be revised and reissued without notice at any time by
updating of this posting. You are advised to visit regularly to review
the current Terms of Use, since continued use of the Website shall be
deemed as irrevocable acceptance of any revisions.
2) Personal Use of Material: The Website
shall not be used
for any reason other than to view or make legitimate inquiries to an
Owner/Lister regarding the reservation and use of holiday rental
properties specifically listed on the RivieraRental Website. Your use
of the Website and any material or other content appearing on it is
subject to your compliance with these Terms of Use. Modification or
use of the material or any other content on this Website for any
purpose not permitted by these Terms of Use is prohibited, and may be
a violation of the Copyrights and/or Trademarks.
3) Downloading Information from RivieraRental:
As part of the rental inquiry process, for your own purposes and not
for any further distribution, you may download, display, or print one (1)
copy of any portion of the Website materials or content ("Content"). You may not modify
the Content in any way, and you must reproduce the RivieraRental.Com,
Inc. copyright notice in the form “RivieraRental.Com, Inc. Copyright ©
1997-2009 All rights reserved ® Registered marks of RivieraRental.Com,
Inc.” as displayed on the relevant page or pages that you might download or
wish to copy.
4) Trademarks and Copyrights: The Website
and all materials incorporated on the Website ("Content") are
protected by copyrights, patents, trade secrets or other proprietary
rights ("Copyrights"). Some of the logos, content, images, knowledge,
or other data incorporated by RivieraRental on this Website are also
protected as registered or unregistered trademarks, trade names and/or
service marks owned by RivieraRental.Com, Inc. or others
("Trademarks"). RivieraRental respects the intellectual property
rights of others and requires that Users of the Website do the same.
Questions or information about the use of the Website or Content for purposes
other than stipulated herein may be requested from RivieraRental via
email.
5) Unauthorized Use: Unless otherwise
provided herein, or unless specific applicable law
requires RivieraRental to allow you to do so, you may not do any of
the following without the prior written consent of RivieraRental:
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Copy, reproduce, upload, post, display,
republish, distribute, transmit, any part of the Website or Content in any form
whatsoever
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Reproduce Content on your website or any other
documentation, printed or electronic, 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
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Modify, translate into any language or computer
language, or create derivative works from, any Content or any part
of this Website
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Decompiling, reverse engineering, disassembling,
or otherwise reducing the code used in any part of this Website into
a readable form in order to examine the construction of the Website
and/or to copy or create other products based upon (in whole or in
part), or created from, such derivative works
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Sell, offer for sale, transfer, or license any
portion of the Website in any form to any third parties
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Use any robot, spider, other automatic device, or
manual process to monitor, copy, or keep a database copy of the
Content;
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Use the Website for any reason other than to
make a legitimate inquiry to a RivieraRental Owner/Lister who
advertises on RivieraRental, or
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Use the Website to make any false, fraudulent or
speculative reservation, or any reservation in anticipation of
demand;
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Post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, 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, herein
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Use or access the Website in any way that, in
our sole judgment, adversely affects the performance or
function of the Website, or any other computer systems or networks used
by RivieraRental, or infringes on our copyright or the copyright
of our advertisers or an Owner/Lister
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Upload or transmit to the Website or use any
device, software or routine that contains viruses, Trojan horses,
worms, time bombs, or any other computer programming routine that may
damage, interfere or attempt to interfere with, intercept the
normal operation of our 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 a third
party
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Use any device, software, or routine that
interferes, or attempts to interfere, with the normal operation of
our Website, or take any action that impose an unreasonable load on our
equipment, or
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Disguise the origin of the information
transmitted through the Website.
All violations of this section will be referred
to the appropriate authorities for review and possible civil or
criminal action.
6) Limitation of Liability. IN NO EVENT SHALL
RIVIERARENTAL BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE ARISING OUT OF, BASED ON, OR RESULTING FROM
YOUR USE OF, OR INABILITY TO USE RIVIERARENTAL OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OR
SERVICES ON RIVIERARENTAL, REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED AND EVEN IF RIVIERARENTAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE LOSS OR DAMAGES ARISE FROM (a)
BREACH OF CONTRACT, (b) BREACH OF WARRANTY, (c) STRICT LIABILITY, (d)
TORT, (e) NEGLIGENCE, OR (f) ANY OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY
PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR
AGAINST RIVIERARENTAL WITH RESPECT THIS AGREEMENT OR THE SERVICES
DELINEATED HEREIN, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE WEBSITE AND SERVICES.
7) Release. YOU HEREBY AGREE TO RELEASE, REMISE
AND FOREVER DISCHARGE RIVIERARENTAL AND ITS AFFILIATES, PARTNERS,
SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND 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, LIABILITIES,
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 YOUR USE OF THE WEBSITE AND SERVICES.
8) Disclaimer: RivieraRental assumes no
responsibility for the accuracy of information contained in the
advertising listings herein. It is suggested that potential renters
visit properties in advance to confirm all terms of their intended
rental. While Rivierarental recognizes that this may be difficult to
accomplish, it is the only method possible for a User who may be a
prospective renter to warrant that the holiday rental property they
are contracting for will meet their needs.
In lieu of visiting a property in advance,
RivieraRental advises renters to ask an Owner/Lister in advance of any
particular questions and concerns, prior to entering into a rental
agreement. It is not unreasonable for a prospective renter to
request references or ask for past renter feedback from an
Owner/Lister. At a minimum, a renter should receive advance written
confirmation of an Owner/Lister's policies on matters including
advance deposits, security deposits and cancellations, and other
business practices, preferably in
the form of a rental agreement or lease.
RivieraRental, Property Owners and agencies are
not responsible for typographic errors, and rates, terms and conditions are
subject to change without notice.
Renters are requested to inform the publisher of any extraordinary
(good or bad) experiences they may have with any of the properties listed.
Click
here to send us
comments of your experiences - good or bad.
Information contained in any property listing advertisement is neither confirmed nor
warranted by RivieraRental. Confirmation of information printed herein
is the responsibility of the renting party.
For the avoidance of any doubt, your use of
RivieraRental to search
for or inquire about holiday rental properties makes you subject to
our Terms and Conditions. RivieraRental is not a party to any
transaction between you and any Owner/Lister who uses RivieraRental to
advertise their property and you
specifically agree to release and hold RivieraRental and its Affiliates
harmless from any cause of action arising from your transaction with
an Owner/Lister.
Terms and Conditions of
Advertising on RivieraRental
1. Layout and copy:
1.1 RivieraRental reserves the right to
determine the final design, layout and functionality of our Website,
which is subject to change from time to time without notice.
1.2 RivieraRental reserves the right to edit copy or amend textual content, design,
arrangement, layout or to modify any photographs supplied, in order to
create a more consistent, useful, or beneficial advertising experience
for the benefit of our Website Users.
1.3 RivieraRental reserves the right, at its
sole discretion, to amend and edit any copy entered into the
RivieraRental online database. All copy edits submitted by
an Owner/Lister are subject to review and approval of RivieraRental
in its sole opinion.
1.4 Notwithstanding its right to edit and amend
copy and photographs, RivieraRental accepts and holds no liability
for any loss or damage resulting from the design or positioning of the
properties or changes made to the photographs and text copy submitted
by the Owner/Lister or edited by RivieraRental staff.
2 Accuracy:
2.1 All listings on RivieraRental, as submitted
by the Owner/Lister and amended from time to time by RivieraRental
staff, are the responsibility of the Owner/Lister, and
RivieraRental specifically disclaims any and all liability arising
from the alleged accuracy of the listings, or any alleged breaches of
contract on the part of an Owner/Lister. By accepting these Terms and
Conditions and paying to list on RivieraRental, the Owner/Lister
agrees to indemnify and hold RivieraRental and its affiliates
harmless against all costs, expenses and losses arising out of a claim
relating to the content of an advertisement.
2.2 An Owner/Lister is solely responsible for
keeping their information up to date on RivieraRental, including,
but not limited to, any and all representations about their property,
its amenities, location, and its availability for a specific date or
range of dates. RivieraRental makes no representation or
warranties that any of the copy or availability information published
on RivieraRental is accurate or up-to-date even in the case where
visitors have searched for specific special offers, dates, or types of
properties.
3 Photographs:
3.1 All printed (paper based) photographs submitted
to RivieraRental by the Owner/Lister will be discarded after
having been scanned into our electronic database. RivieraRental
can neither return nor keep copies of paper photographs on file.
3.2 Every effort will be made to reproduce
faithfully all photographs submitted, but RivieraRental cannot be
held responsible for any loss or damage or otherwise resulting from
errors or omission.
3.3 By submitting a photograph either
electronically or by mailing a paper based photograph to our offices,
the Owner/Lister is representing and warranting that (a) that the
Owner/Lister holds all intellectual property rights with respect to
each submitted photograph, or (b) has secured from the copyright
holder all rights necessary for the photograph to be used in an online
advertisement, and (c) that any people in the photograph have given
permission for their likeness to be displayed in an online
advertisement, and (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
the Owner/Lister will indemnify and hold harmless RivieraRental
and its affiliates from any cause of action arising from any
misrepresentation with respect to any and all the photographs so
submitted.
4 Liability:
4.1 RivieraRental does not warrant that the
operation of the RivieraRental.Com Website will be uninterrupted or
error-free.
4.2 In no event shall RivieraRental be liable
to the advertiser for any special, consequential, incidental or
indirect damages, including lost profits.
5 Copyright:
5.1 By accepting these Terms and Conditions and by
paying and posting a listing on RivieraRental, the Owner/Lister
grants to RivieraRental and its affiliates a fully paid license to
use the copy, photographs, likenesses (if any) on its Website or the
websites of its affiliates, and grants RivieraRental the ability
to copyright and protect the images, copy, and information available
via the Owner/Lister’s 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.
RivieraRental is not responsible for any infringement of copyright
laws resulting from material supplied by the Owner/Lister and the
Owner/Lister indemnifies RivieraRental against any action brought
for breach of copyright or other rights from the use of such material
supplied by the Owner/Lister.
5.2 RivieraRental shall be entitled to
reproduce part or whole of any photographic material supplied by the
Owner/Lister in the promotion of either the Owner/Lister’s property or
the promotion of RivieraRental.
5.3 RivieraRental.Com, Inc. claims copyright to the
electronic images of the photographic material supplied by
an Owner/Lister, and the Owner/Lister will assist RivieraRental, at
RivieraRental’s expense and controlled by RivieraRental, to
protect its copyrighted material from unauthorized redistribution.
5.4 It is the Owner/Lister’s responsibility to
obtain reproduction permission for all photographic and other material
used in their listing advertisement. The Owner/Lister warrants that he
or she is the
owner of the copyright in such material or is authorized by the owner
thereof to grant to RivieraRental the rights therein contained.
6 Hypertext Links:
6.1 RivieraRental reserves the sole and exclusive
right to refuse hypertext links to, or addresses of, other websites
from an Owner/Lister's web pages, and to
remove links or web addresses without notice and at our sole discretion.
6.2 RivieraRental.Com reserves the right to
charge for hypertext links at any time.
7 Substitution of properties:
7.1 A property listing or listing advertisement relates to a specific
property. The property in an advertisement may not be substituted by
another property. If an Owner/Lister submits changes to an existing
listing that, if approved, would substantially alter the listing to
make it that of another property, then RivieraRental shall have
the right to terminate the listing and may choose, at its sole
discretion, to retain any unearned fees associated with the term of
the previously existing listing as compensation for violating this
condition.
8 Advertising more than one property on a single
advertisement:
8.1 Each listing advertisement on the RivieraRental
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 site, and additional
advertising units are purchased, which pricing may be negotiated separately. RivieraRental reserves the right
to amend the copy or remove the advertisement, when more than one
property is described in the advertisement, and may choose, at its
sole discretion to retain any unearned fees associated with the
initial term of such non-conforming listing as compensation for
violating this condition.
9 Termination of Advertising:
9.1 All listings are sold to run the full period
that is selected by the Owner/Lister and shall commence upon the date
that the listing is active online and provided that payment has been
received by RivieraRental.
Listings run for the entire period or periods that are selected
by and paid for by an Owner. A listing removed at an Owner’s request
prior to the completion of the full listing term are not subject to a
refund of fees paid.
9.2 RivieraRental reserves the sole and exclusive right to refuse
any listing submitted to RivieraRental either through its online
submission process or that may be sent to our offices for us to load onto the
Website. We can refuse to publish any listing or advertisement for any reason
that RivieraRental deems necessary or appropriate, and at its sole
discretion. The Owner/Lister specifically agrees to hold Rivierarental harmless for any loss or
liability that may arise from such a decision.
9.3 If an Owner/Lister submits unsuitable material into the
RivieraRental.Com on-line database, or persistently misuses the online
systems, then RivieraRental reserves the right to remove the property
from the RivieraRental.Com Website. No refund shall be paid.
9.4 If RivieraRental receives a complaint from
a person who has rented an Owner/Lister’s property which
RivieraRental, acting reasonably, considers to be justified, or if
an Owner/Lister double-books a property for multiple renters on the same date, or
if an Owner/Lister otherwise engages in any business practice that may be
considered within the vacation rental industry to be unfair, or if an
Owner/Lister is in breach of their obligations to RivieraRental, or
the Terms and Conditions herein, then
RivieraRental reserves the sole and exclusive right to remove the
Owner/Lister's property from the Website without notice or refund of
fees paid.
10 Payment:
10.1 Payment for advertising listings must be made in U.S.
Dollars (USD), which may be paid either by major credit and debit cards
via
PayPal.Com®, by personal checks drawn on a U.S. bank account, or by
International Money Orders (IMO) in USD, or Certified Bank Check in USD.
10.2 As of March 2009, payment for any new 12-month,
7-photo property listings are offered at no charge. Payment for
any additional photo pages, premium placement listings, or any other
standout details, for any new listing are subject to additional
charges.
10.3 Rivierarental reserves the right to resume
paid listings at any time in the future. In such event, RivieraRental
will contact the Owner/Lister to request payment for any listing, or
remove a property listing from the Website without notice,
and at RivieraRental's sole discretion.
11 Legal Jurisdiction:
11.1 Any and all RivieraRental services
and products are performable and/or sold in the Commonwealth of
Virginia, of the United States of America. You irrevocably agree that any
cause of action that you may submit shall be filed exclusively in a
federal or state court of competent jurisdiction presiding in the City
of Richmond, Virginia,
USA, which shall be the sole venue of any legal dispute. You also agree that any
dispute shall be governed by the laws of the Commonwealth of Virginia,
in the United States of America.
12 Miscellaneous:
12.1 RivieraRental's failure to insist upon strict enforcement of
any provision of this Agreement shall not be construed as a waiver of any
provision or right.
12.2 If any term or condition of this Agreement is found to be illegal or
unenforceable, it shall be severed, and the validity of the remaining terms
and conditions shall not be affected.
12.3 Headings are for reference purposes only and shall not be considered in
construing this Agreement.
12.4 The RivieraRental Website includes links to other Internet sites solely
as a convenience to Users and/or an Owner/Lister. RivieraRental does not
endorse any such sites or the information, material, products or services
contained on or accessible through the sites, and your access and use of
such sites, including information, material, products and services provided
therein, is done solely at the risk of the User or Owner/Lister.
12.5 While agreement for the use of any property listed on RivieraRental is
made exclusively between the Property Guest and Owner/Lister, RivieraRental
does provide information for the convenience of a Guest on general business
guidelines and information that may be used or expected when a Guest books a
property through RivieraRental. This information is located under
Booking an Apartment and the
Owner/Lister is requested to review this. In the event that there is a
business guideline or practice stated therein that materially differs from
that provided by the Owner/Lister to their own respective Guests, then
RivieraRental requests that the Owner/Lister notify us by
email so that we may keep our general guidelines current.
Portal Translations
Translations are provided as a service to users of the RivieraRental
portal, and are provided "as is." No warranty of any kind,
either expressed or implied, is made as to the accuracy, correctness,
or reliability of any translations made from English into any other
language, or translations from any other language into English.
Some pages may not be accurately translated due to the limitations of
the translation software, such as dynamic or interactive pages.
Any commercial advertisements, banners, or other
advertising media that may appear are a byproduct of the service, and
are not endorsed by RivieraRental.
Translations are provided courtesy of
Babel Fish
and SYSTRAN,
Google,
or other respective service providers as indicated when accessed. For
more information, please view their respective Translation FAQ for
Babel Fish,
Google, or as otherwise provided for by any respective service
provider.
Privacy Policy RivieraRental is committed to
protecting the privacy of Users, Renters, and Lister/Owners. This commitment is
characterized by RivieraRental’s efforts to maintain the
confidentiality of all information provided to it during the course of
business. Information collected for this purpose may include, but not be limited
to, name, email, address, rental request preferences, property data,
or other unique identifying information. Such information permits
RivieraRental to effectively communicate and establish a unique record within our
systems. All detailed information is used solely by RivieraRental and
it does not rent, sell, or willfully share any personal information
with any other persons or nonaffiliated companies, except to: a)
provide requested products or services, or; b) when we are provided
permission, or; c) under the following circumstances:
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in response to subpoenas, court orders, or legal
process, or to establish or exercise our legal rights or defend
against legal claims;
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it is necessary to share information in order to
investigate, prevent, or take action regarding illegal activities,
suspected fraud, situations involving potential threats to the
physical safety of any person, violations of these Terms of Use, or
as otherwise required by law; or
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RivieraRental transfers information if it is
acquired by or merged with another company. In such an event,
Rivierarental would provide notification before any such information
were transferred and it were to become subject to a different
privacy policy.
Under no circumstances is any email address or
other personal data belonging to a Property Renter, Owner, Lister, or
advertiser disclosed to a third-party under any circumstances, without the
expressed written permission of the affected party or parties.
RivieraRental does not set, access or invoke
cookies on computers of its web visitors, but it does reserve the
right to do so at anytime in the future. In such an event, no
advertiser or other third-party would have access to RivieraRental’s
cookies.
RivieraRental uses PayPal, Inc. as a secure 3rd
party receiver for online payment processing for Owner/Lister
advertising services, and which also enables any RivieraRental Owner/Lister to render or to
receive payments
using MasterCard, VISA, and other major credit cards. The information and
privacy practices of PayPal, Inc. have been reviewed to meet the
standards of the Better Business Bureau's
BBBOnline Privacy Certification Program. PayPal, Inc. is also a
certified licensee of the TRUSTe®
Privacy Seal Program. The privacy statement and practices of
PayPal, Inc. have been reviewed by TRUSTe for compliance with their
privacy program standards and principles.
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