NEXXYUS TERMS OF SERVICE
This governs our relationship with Nexxyus users and others who interact with Nexxyus, as well as some of our products and services.
(Modified on November 20, 2018) Nexxyus reserves the right to modify these Terms of Service at any time. Therefore we’ll notify you if we make changes to these terms and give you the opportunity to review and consider on the revised terms before continuing to use our Services. Terms and conditions apply to the use of this Site, by using or accessing this Site in any way, viewing or browsing the Site, or adding your own Content to this Site, you are agreeing to be bound by these Terms of Service.
Not all Contents contained on the Nexxyus website are well edited, checked, and verified by Nexxyus and those Nexxyus collaborate with. However, we cannot guarantee either its accuracy or the safety and of any external links it might contain. Nexxyus, as well as its owners, affiliates, contributing authors and other collaborating parties, can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our site.
We expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, and fitness for a particular purpose or accuracy. We do not warrant that the functions contained on the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. You acknowledge and agree that any transmission to and from this site is not confidential and your communications or user-contributed content may be read or intercepted by others. You further acknowledge and agree that by submitting communications or user-contributed content to us and by posting information on the site, including property listings, no confidential, fiduciary, and contractually implied or other relationship is created between you and us other than pursuant to these terms.
You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that we are not a party to any rental transaction or other transaction between users of the site. We have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the site) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the site.
You further acknowledge that by displaying information or property listings in particular destinations, we do not represent or warrant that travel to such destinations is without risk and are not liable for damages with respect to travel to any destination.
- USE OF THE SITE.
Nexxyus is a multi-purpose online platform, which includes a forum, which is equipped with some interacting facilities. Therefore must not be used to distribute spam messages, or spread links to malicious or dangerous websites. We do retain the right to moderate any comment or written content submitted to the website and to remove any content we deem to have violated our policies.
- LIMITATION OF LIABILITY (LIMITED USE OF THE SITE).
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, renting or researching (for the purpose of inquiring about renting) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
In no event will nexxyus, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “nexxyus group”), or any third-party provider of a service or tool offered on any site of a member of the nexxyus group (each a “third-party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the site, tools or services we provide, or any third party provider provides, related to the business we operate on the site, by you or any third party (e) any user-contributed content, (f) interaction between our site and any third party site, including without limitation a social media site, facilitated by a tool or service on our site and/or (g) any actual or attempted communication or transaction, including without limitation, any payment transaction (even if we or any third party provider receives a fee in connection therewith) between users, in each case, even if we have been advised of the possibility 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 site, you do not agree with any part of the terms, or have any other dispute or claim with or against us, any third party provider or any user of the site with respect to these terms or the site, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any member of the Nexxyus group, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of the amount of fees you pay to us in the twelve months prior to the action giving rise to liability.
Nexxyus user’s privacy is very important to us. At certain points in the Nexxyus website navigation, you may be asked to share your email address or other personal identifying information to enable you review and accept supplementary terms that apply to your accessing certain contents, information, interacting with a specific app, product, and services, as well as other things related to Nexxyus.
Such information will never be distributed to a third party and it will never be publicly visible without your express written consent.
Your email address will only be used to send, verify, confirm or alert you about certain information and Nexxyus user agreements according to services that you have specifically requested you be notified about.
- IDENTITY VERIFICATION.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a user or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER NEXXYUS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR NEXXYUS ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH NEXXYUS AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
- CREATING A NEXXYUS ACCOUNT.
When creating a Nexxyus account it’s important that you provide us with real information’s were necessary. For the security of your account here are some commitments you make to us relating to registering and maintaining the security of your account?
- Do not provide any false personal information on Nexxyus, therefore do not create account for anyone other than yourself without permission.
- Please do not create more than one personal account.
- Nexxyus may disable your account, you will not create another one without our permission.
- Ensure your contact information is accurate and up-to-date.
- You will not share your password or secret key, or let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without permission.
We cannot guarantee safety, we need your help to keep Nexxyus safe, which you will not facilitate or encourage any violations of any of the following:
- Posting unauthorized commercial communications (such as spam) is prohibited on Nexxyus
- You will not collect users’ content or information, or otherwise access Nexxyus, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- Please don’t engage in unlawful multi-level marketing on Nexxyus.
- Don’t upload viruses or other malicious code.
- Don’t solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- Do not post content that: is violent speech or pornographic or contains nudity.
- You will not use Nexxyus to do anything unlawful, misleading, malicious, or discriminatory.
- CONTENT AND INFORMATION.
Content and information you share or post on Nexxyus belongs to you, Nexxyus believe that you can control what you share;
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give Nexxyus license and permission of the content that you post on or in connection with Nexxyus (IP License). This License ends when you delete such content or your account unless you’re content has been shared with others, and they have not deleted it.
- When you publish content or information, it means that you are allowing your Nexxyus users, and others that access the website to access and use that information, depending on such content or information may as well associate it with you.
- LINKS TO OTHER WEBSITES.
- PROMOTION AND OFFERS.
(Advertisements and Other Commercial Content Served or Enhanced by Nexxyus).
One of our goal is to give help provide and share information and we also do this through delivering advertisement and other commercial or sponsored content that is maybe valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your contact or information to advertisers without your consent.
(This Site is a Venue and we are Not a Party to any Rental Agreement or other Transaction between Users of the Site).
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any rental property listed on a Site. The Site provides an on-line platform (marketplace) to allow homeowners and property managers who advertise on the Site to offer for rent in a variety of pricing formats to potential renters or renters (students, the “users” etc.) “Members” also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
We are not a party to any rental or other agreement between users.
This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a user and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of members to rent a vacation property or the ability of users (students etc.) to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Nexxyus or one of its affiliates may place additional restrictions on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Members who accept credit card, banking or other payment information from users agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
- UNAUTHORIZED USES.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site 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 that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, 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 engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
- Any commercial use of the Site or any content on the Site, other than by members in good standing, or by members under a valid license to software offered on the Site (a “valid license”);
• Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid subscription or pay-per-booking product;
• Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Deep-link to any portion of the Site without our express written permission;
• Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
• Reverse engineer any part of the Site;
• Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
• Use the Site and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;
• Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
• Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.
- PROPRIETARY RIGHTS AND DOWNLOADING OF INFORMATION FROM THE SITE.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under (applicable) Nigeria and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
- RESPONSIBILITY FOR PROPERTY LISTINGS, REVIEWS AND OTHER USER-CONTRIBUTED CONTENT; PARTICIPATION IN INTERACTIVE FORUMS.
We have no duty to pre-screen content posted on the Site by members, students or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property or a traveler, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to members to create or improve listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
• not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
• not include personal information of another that can be used to identify or contact any person;
• not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
• be directly related to the Site, business service, product or forum where the content is submitted;
• not be obscene, abusive, discriminatory or illegal; or
• not be false or misleading.
All property listings on the Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveler or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where travelers have searched for specific dates or types of properties.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, 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 of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
- MEASUREMENTS TRANSLATIONS AND MAPS.
If any user-contributed content created by members or users is translated for display on the Site or any site of any affiliate of Nexxyus, we cannot guarantee the accuracy or quality of such measurements and translations, the user is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
- UNSOLICITED IDEAS AND FEEDBACK.
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of Nexxyus, without any compensation to you; (ii) Nexxyus may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Nexxyus to review any submission; and (iv) there is no obligation to keep any submission confidential.
We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the “feedback” tab located on the bottom right side of the homepage, search results pages, property pages, and the owner dashboard. Please provide only specific feedback on our Site and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
- ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO MEMBERS
In addition to being bound by the terms set forth above, members who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
- MEMBER ELIGIBILITY; ACCURACY OF INFORMATION; LISTING PRACTICE REQUIREMENTS.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such member to the Site.
In order to list a property on a Site, members must comply with Nexxyus’ Marketplace Standards. These Standards outline certain requirements including but not limited to:
- Members must maintain an accurate reservation calendar on their listing(s);
- Members must use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking;
- Members must further agree to take commercially reasonable efforts to cause all traveler payments to be processed within 24 hours of authorization by the traveler for such payment;
- Members must respond to and accept a material number of inquiries and booking requests received in the interest of the traveler experience; and
- Members are prohibited from cancelling a material number of accepted bookings.
- ADDITIONAL MEMBER REPRESENTATIONS.
Each member represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if HomeAway, through one of its guarantee or warranty programs and in its sole discretion, compensates a traveler for a loss caused by acts or omissions attributable to a member, HomeAway reserves the right to pursue the member for the amount paid or contributed towards the loss.
Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
- SEARCH RESULTS.
We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, traveler preferences, member response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time (“Best Match”). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveler. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular travelers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results. Listings distributed on third-party sites are not guaranteed to display on such third-party site in any particular order or at all. Search results and order may appear different on HomeAway’s mobile application than they appear on the Site. To optimize the search experience for both members and travelers and improve the Best Match process, HomeAway retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.
- CONTENT, LAYOUT AND COPY.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content 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. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (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 Site and any member of the Nexxyus Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each member further 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 Site.
- USES OF OUR TRADEMARKS OR LOGOS.
There are limited ways in which a member may use our trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to Nexxyus or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say “Check out my vacation rental on Nexxyus,” or “I list properties on Nexxyus.” However, you may not refer to Nexxyus or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by Nexxyus or one of our affiliates.
- DISTRIBUTION OF LISTINGS TO THIRD PARTY WEBSITES.
To enable members to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website. Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email.
- PROVISIONS APPLICABLE TO SOFTWARE (Software Available on the Site and update).
The Site is controlled and operated by Nexxyus or an affiliate of Nexxyus and as well includes third party software.
All Software is the copyrighted work of Nexxyus, an affiliate of Nexxyus or a third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
Furthermore, if you access Nexxyus, download or use Nexxyus software, such as an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features in order improve, enhance, and further develop the software or any associated with Nexxyus.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
- INTELLECTUAL PROPERTY.
Please take note “The Site and all of its original content are the sole property of Nexxyus and some to those we collaborate with and most, as such, are fully protected by some appropriate national and international copyright with other intellectual property rights laws.
Nexxyus reserves the right to terminate your access to the Site, without any advance Notice.
Any and all of the content presented on the Nexxyus website and web design is, unless explicitly stated otherwise, subject to a copyright held by Nexxyus. It is permissible to link to content from this site as long as the original source is clearly stated, but the wholesale reproduction or partial modification of content is not permitted. Exceptions are granted only if you receive prior written consent from us.
Should you have any further questions, concerns, or queries about these Terms and Conditions? Or if you encounter difficulties while navigating and using the site, please contact