Riviera Rental Guide's members area allows members to create unique personal profiles online in order to write reviews, post messages in the forum, communicate directly with other members, expediently reserve properties and generally participate as part of an inclusive social group. The services offered by Riviera Rental Guide ("Riviera Rental Guide" or "we") include the Riviera Rental Guide website (the "Riviera Rental Guide website"), the Riviera Rental Guide vacation rental reservation engine, the Riviera Rental Guide members area, the Riviera Rental Guide partners area, the Riviera Rental Guide directory, and any other features, content, or applications offered from time to time by Riviera Rental Guide in connection with the Riviera Rental Guide website (collectively, "www.rivierarentalguide.com").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Riviera Rental Guide's services. By using Riviera Rental Guide's services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Riviera Rental Guide website) or you are a "Member" (which means that you have registered in the members area of Riviera Rental Guide. Please note there is a separate terms of use in connection with the partners area.). The term "User" refers to a Visitor or a Member. You are only authorised to use the Riviera Rental Guide services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Riviera Rental Guide website and discontinue use of the Riviera Rental Guide services immediately. If you have been invited to become a member and you agree to do so, then communicate with other members and make use of the Riviera Rental Guide services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Riviera Rental Guide's policy for acceptable use of the Riviera Rental Guide services and content posted on the Riviera Rental Guide website, your rights, obligations and restrictions regarding your use of the Riviera Rental Guide services and Riviera Rental Guide's Privacy Policy. In order to participate in certain Riviera Rental Guide services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Riviera Rental Guide services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: , Subject: Terms of Use Agreement.
Riviera Rental Guide may modify this Agreement from time to time and such modification shall be effective upon posting by Riviera Rental Guide on the Riviera Rental Guide website. You agree to be bound to any changes to this Agreement when you use the Riviera Rental Guide services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Riviera Rental Guide and that you provide to other users. Your public Riviera Rental Guide members area profile may not include the following items: telephone numbers, addresses, last names, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Riviera Rental Guide members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Riviera Rental Guide assumes no responsibility or liability for this material. If you become aware of misuse of the Riviera Rental Guide services by any person, please contact Riviera Rental Guide immediately.
Riviera Rental Guide reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Riviera Rental Guide members area at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and membership in the Riviera Rental Guide services is void where prohibited. By using the Riviera Rental Guide services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Riviera Rental Guide services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Riviera Rental Guide services or are a member. You may terminate your membership at any time, for any reason, by following the instructions by contacting Riviera Rental Guide by e-mail. Riviera Rental Guide may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. You acknowledge that Riviera Rental Guide reserves the right to charge for the Riviera Rental Guide services and to change its fees from time to time in its discretion. If Riviera Rental Guide terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a member or partner, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Riviera Rental Guide immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The Riviera Rental Guide services are for the personal use of members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Riviera Rental Guide. Illegal and/or unauthorised use of the Riviera Rental Guide services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Riviera Rental Guide website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Riviera Rental Guide services.
6. Proprietary Rights in content on Riviera Rental Guide.
a. Riviera Rental Guide does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Riviera Rental Guide members area. After posting your content to the Riviera Rental Guide services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying or publishing ("posting") any content on or through the Riviera Rental Guide services, you hereby grant to Riviera Rental Guide a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Riviera Rental Guide services.
The license you grant to Riviera Rental Guide is non-exclusive (meaning you are free to license your content to anyone else in addition to Riviera Rental Guide), fully-paid and royalty-free (meaning that Riviera Rental Guide is not required to pay you for the use on the Riviera Rental Guide services of the content that you post), sub-licensable (so that Riviera Rental Guide is able to use its affiliates and subcontractors such as internet content delivery networks to provide the Riviera Rental Guide services), and worldwide (because the internet and the Riviera Rental Guide services are global in reach). This license will terminate at the time you remove your content from the Riviera Rental Guide services. The license does not grant Riviera Rental Guide the right to sell your content, nor does the license grant Riviera Rental Guide the right to distribute your content outside of the Riviera Rental Guide services.
b. You represent and warrant that: (i) you own the content posted by you on or through the Riviera Rental Guide services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Riviera Rental Guide services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Riviera Rental Guide services.
c. The Riviera Rental Guide services contain content of Riviera Rental Guide ("Riviera Rental Guide content"). Riviera Rental Guide content is protected by copyright, trademark, patent, trade secret and other laws, and Riviera Rental Guide owns and retains all rights in the Riviera Rental Guide content and the Riviera Rental Guide services. Riviera Rental Guide hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Riviera Rental Guide content (excluding any software code) solely for your personal use in connection with viewing the Riviera Rental Guide website and using the Riviera Rental Guide services.
d. The Riviera Rental Guide services contain content of users and other Riviera Rental Guide licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Riviera Rental Guide services.
7. Content Posted.
a. Riviera Rental Guide may delete any content that in the sole judgment of Riviera Rental Guide violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Riviera Rental Guide assumes no responsibility for monitoring the Riviera Rental Guide services for inappropriate content or conduct. If at any time Riviera Rental Guide chooses, in its sole discretion, to monitor the Riviera Rental Guide services, Riviera Rental Guide nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
b. You are solely responsible for the content that you post on or through any of the Riviera Rental Guide services, and any material or information that you transmit to other Members and for your interactions with other users. Riviera Rental Guide does not endorse and has no control over the content. Content is not necessarily reviewed by Riviera Rental Guide prior to posting and does not necessarily reflect the opinions or policies of Riviera Rental Guide. Riviera Rental Guide makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
8. Content/Activity Prohibited. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Riviera Rental Guide services. Riviera Rental Guide reserves the right to investigate and take appropriate legal action against anyone who, in Riviera Rental Guide's sole discretion, violates this clause, including without limitation, removing the offending communication from the Riviera Rental Guide services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Riviera Rental Guide:
a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information from anyone under 18;
f. provides any telephone numbers, street addresses, last names, URLs or email addresses in the public profile;
g. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images or links to pirated image files;
i. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
m. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes or;
n. includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Riviera Rental Guide website and through your use of the Riviera Rental Guide services. Riviera Rental Guide reserves the right to investigate and take appropriate legal action against anyone who, in Riviera Rental Guide's sole discretion, violates this clause, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to or solicitation of any member or partner to buy or sell any products or services through the Riviera Rental Guide services, beyond the scope of the intended use of the Riviera Rental Guide website. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the Riviera Rental Guide services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Riviera Rental Guide reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Riviera Rental Guide deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Riviera Rental Guide services, you acknowledge that you will have caused substantial harm to Riviera Rental Guide, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Riviera Rental Guide €2000.00 for each such unsolicited email or other unsolicited communication you send through the Riviera Rental Guide services;
3. covering or obscuring any advertisements on your personal profile page, or any Riviera Rental Guide page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Riviera Rental Guide services or the networks or services connected to the Riviera Rental Guide services;
6. attempting to impersonate another member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Riviera Rental Guide services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Riviera Rental Guide services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
11. using the Riviera Rental Guide services in a manner inconsistent with any and all applicable laws and regulations.
12. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Riviera Rental Guide to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Riviera Rental Guide by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Riviera Rental Guide services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Riviera Rental Guide services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Riviera Rental Guide's Copyright Agent for notice of claims of copyright infringement can be reached at the following email address: .
13. Member Disputes. You are solely responsible for your interactions with other Riviera Rental Guide members. Riviera Rental Guide reserves the right, but has no obligation, to monitor disputes between you and other members.
14. Privacy. Use of the Riviera Rental Guide services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
15. Disclaimers. Riviera Rental Guide is not responsible for any incorrect or inaccurate content posted on the Riviera Rental Guide website or in connection with the Riviera Rental Guide services, whether caused by users of the Riviera Rental Guide services or by any of the equipment or programming associated with or utilised in the Riviera Rental Guide services. Profiles created and posted by members on the Riviera Rental Guide website may not contain links to other websites. Inclusion of any linked website on the Riviera Rental Guide Directory services does not imply approval or endorsement of the linked website by Riviera Rental Guide. When you access these third-party sites, you do so at your own risk. Riviera Rental Guide takes no responsibility for third party advertisements which are posted on this Riviera Rental Guide website or through the Riviera Rental Guide services, nor does it take any responsibility for the goods or services provided by its advertisers, excluding property advertisements. Riviera Rental Guide is not responsible for the conduct, whether online or offline, of any user of the Riviera Rental Guide services. Riviera Rental Guide assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication. Riviera Rental Guide is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Riviera Rental Guide services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Riviera Rental Guide services. Under no circumstances shall Riviera Rental Guide be responsible for any loss or damage, including personal injury or death, resulting from use of the Riviera Rental Guide services, attendance at a Riviera Rental Guide event, from any content posted on or through the Riviera Rental Guide services, or from the conduct of any users of the Riviera Rental Guide services, whether online or offline. The Riviera Rental Guide services are provided "AS-IS" and as available and Riviera Rental Guide expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Riviera Rental Guide cannot guarantee and does not promise any specific results from use of the Riviera Rental Guide services.
16. Limitation on Liability. In no event shall Riviera Rental Guide be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Riviera Rental Guide has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Riviera Rental Guide's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Riviera Rental Guide for the Riviera Rental Guide services during the term of membership.
17. Disputes. If there is any dispute about or involving the Riviera Rental Guide services, you agree that the dispute shall be governed by the laws of the Republic of Ireland, without regard to conflict of law clauses and you agree to exclusive personal jurisdiction and venue in the state courts of the Republic of Ireland located in the province of Leinster, City of Dublin. Either Riviera Rental Guide or you may demand that any dispute between Riviera Rental Guide and you about or involving the Riviera Rental Guide services must be settled by arbitration utilising the dispute resolution procedures of the Dublin International Arbitration Centre (DIAC), Dublin, Republic of Ireland, provided that the foregoing shall not prevent Riviera Rental Guide from seeking injunctive relief in a court of competent jurisdiction.
18. Indemnity. You agree to indemnify and hold Riviera Rental Guide, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Riviera Rental Guide services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Riviera Rental Guide website or through the Riviera Rental Guide services causes Riviera Rental Guide to be liable to another.
19. Other. This Agreement is accepted upon your use of the Riviera Rental Guide website or any of the Riviera Rental Guide services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and Riviera Rental Guide regarding the use of the Riviera Rental Guide services. The failure of Riviera Rental Guide to exercise or enforce any right or clause of this Agreement shall not operate as a waiver of such right or clause. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Riviera Rental Guide is a trademark of Riviera Rental Guide, Inc. This Agreement operates to the fullest extent permissible by law. If any clause of this Agreement is unlawful, void or unenforceable, that clause is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining clauses.
Please contact us at , with any questions regarding this Agreement.
