User Agreement
IMPORTANT:
BIDAVILLA.COM IS NOT A TRAVEL AGENT. Please read this User Agreement (the "Agreement") carefully. The Agreement governs your use of the Bidavilla.com Website (the "Website") and the services and goods provided through or in connection with the Website (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service. Bidavilla.com and Bidavilla Marketing, Inc. shall refer to the same entity in this agreement. This document affects your legal rights. Therefore, you may want to consult with an attorney.
IS ONLY A VENUE. The Website acts as an online marketplace for you to find and transact with other users, Members, Owners, Sellers, Buyers, Renters, or Clients (the "Users") showing properties, products or services on the Service or otherwise associated with the Service. Bidavilla.com is not a travel agent, broker, lender or seller. Bidavilla.com is not a party to any agreement you may make with regard to any property, product or service.
Bidavilla.com does not endorse, warrant or guarantee the property, products or services of any Users.
Bidavilla.com is not responsible or liable for any property, products, services, information or other materials displayed, purchased, or obtained by you from the Website.
Any information on the Website can change without notice. In our sole discretion, we may add, delete, and modify terms as this marketplace requires.
Bidavilla.com is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, completeness, adequacy, currency, validity and quality of any information.
The terms, Owner and Seller refer to the owner of the property listed or their agent who has the authority to act on their behalf. The terms Renter, Buyer, and Bidder are interchangeable.
TRANSACTIONS. You may post content or view content posted by others on the Service. Bidavilla.com may or may not monitor such content in its sole discretion. You may act as seller, buyer or renter and correspond with, participate in promotions by, and conduct transactions with the other Users. Bidavilla.com is not a party to the transactions between you and other Website Users. However, Bidavilla.com or another third party will facilitate the processing of fees due Bidavilla.
Bidavilla.com Fees:
When a listed property is rented Bidavilla.com will receive a marketing fee from the seller/owner equal to 5%, or other percentage mutually agreed upon based on the level of marketing desired, of the final rental amount accepted by the seller (The owners of the rental unit).
Renters/Bidders will pay a site user fee to Bidavilla.com equal to 7.5% of the total cost of the rental which include but are not limited to the rental amount and any other fees charged by the Owner.
Payment methods may be changed by Bidavilla.com as necessary to more efficiently and effectively meet the needs of the Website Users.
The Agreement and any terms of service established by other third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. Bidavilla.com and any of Bidavilla.com's Co-branded Partners, Licensees and Affiliates (collectively "Bidavilla.com Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the other Users of the Website. If you have a dispute with the Users or any other third party, you release Bidavilla.com (and its partners, agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
LINKS. Bidavilla.com and Bidavilla.com Partners may provide links to external websites or resources for your convenience and reference only. Bidavilla.com and Bidavilla.com Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against Bidavilla.com, its partners, or its service providers arising out of your use of external websites or resources.
MEMBER REGISTRATION. You must register as a Member with Bidavilla.com to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Bidavilla.com and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify Bidavilla.com immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to webmaster@Bidavilla.com.
OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of Bidavilla.com and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
LICENSE.
Grant of License. You hereby grant to Bidavilla.com and its partners, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reformat, reproduce, compile, archive, transmit, and distribute all materials provided by you to Bidavilla.com that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with Bidavilla.com's current content submission guidelines. Bidavilla.com shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. Bidavilla.com has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until Bidavilla.com specifies another form of delivery of Member Content or another URL address, you may submit Member Content to Bidavilla.com at http://www.Bidavilla.com. As the sole consideration for the license and rights granted to Bidavilla.com under the Agreement, Bidavilla.com will consider posting Member Content on the Website.
Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to Bidavilla.com, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by Bidavilla.com to others.
ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
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