Effective Date: June 18, 2013
Stayful may update this Agreement from time to time. You should check here periodically to review the current Agreement. Changes to this Agreement are effective at the time they are posted, and your continued use of the Site or Services after posting will constitute acceptance of, and agreement to be bound by, those changes.
Description of Service
Stayful provides customers with tools and resources for hotel research and shopping services now known or hereafter developed, including without limitation any software incorporated into such tools and services (the "Services"). You understand and agree that the Services may include certain communications from Stayful, such as service announcements, and that these communications are considered part of Stayful membership and you will not be able to opt out of receiving them. You understand and agree that the Services are provided "AS-IS" and that Stayful assumes no responsibility for the timeliness, deletion, any service delivery problem, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or mobile phone or service provider). In addition, you must provide and are responsible for all equipment necessary to access the Services.
Stayful is not a travel agent or merchant. Stayful works with third party travel providers to offer goods and services including hotel reservations.
Use of Copyrighted Materials/Trademarks
Any materials on this Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Stayful. All rights are reserved. The Materials may contain trademarks, service marks and trade names which are owned by Stayful and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the Stayful copyright notice; and (2) Stayful reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Stayful.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link does not portray Stayful or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Stayful trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Stayful.
Member Accounts, Passwords, and Security
Certain areas of the Site may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive an account and password that will enable you to access the Services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Stayful cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
Content Submitted for Inclusion On or for Distribution Through the Site
You acknowledge that you are responsible for the information, photographs, graphics, messages, videos and any other content or material that you upload, post, email or otherwise submit to the Site or make available using the Services, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. Stayful does not claim ownership of any such content you submit or make available for inclusion on the Site. However, with respect to content you submit or make available for inclusion as part of a room review, you hereby grant Stayful a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the hotel room to which such content was submitted. This license exists only for as long as you elect to continue to include such content on the Services and will terminate at the time you remove or Stayful removes such content from the Service. You agree to and hereby provide to Stayful a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense any content you submit or make available for inclusion in "publicly accessible" areas of the Services.
"Publicly accessible" areas of the Services are those areas that are intended by Stayful to be available to the general public.
Stayful does not control the content posted by third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Stayful be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Services to:
- Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a Stayful official or travel supplier, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, or otherwise make available any content that you do not have a right to make available;
- Upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
- Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Stayful respects the intellectual property rights of others, and we ask you to do the same. Stayful may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or the Services for users who infringe the intellectual property rights of others.
(a) Notification. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or is available via the Services, please provide Stayful's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stayful to locate the material.
Information reasonably sufficient to permit Stayful to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law, a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Stayful's agent for notice of claims of copyright or trademark infringement can be reached as follows:
444 Townsend Street
San Francisco, CA 94107
Attn: Designated Agent
By e-mail: firstname.lastname@example.org
Please also note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Counter-Notification. If you are a user of the Site or Services who uploaded or posted allegedly infringing material and who received notification to that effect from Stayful, you may elect to send us a counter- notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Stayful may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:By mail:
444 Townsend Street
San Francisco, CA 94107
Attn: Designated Agent
By e-mail: email@example.com
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General Practices Regarding Use of Stayful
You acknowledge that Stayful may establish general practices and limits concerning use of the Services, including without limitation the maximum number of searches and the maximum disk space that will be allotted on Stayful's servers on your behalf. In addition, you agree not to take any action that might impose, in Stayful's discretion, a disproportionately large load on Stayful's servers or infrastructure.
Modification of Service
Stayful reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Stayful shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You agree that Stayful may, at its sole discretion and without prior notice, immediately terminate your account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other Stayful agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) if you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (b) barring further use of the Services. Further, you agree that all terminations for cause shall be made in Stayful's discretion and that Stayful shall not be liable to you or any third-party for any termination of your account or access to room reviews created using the Services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STAYFUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. STAYFUL MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, SERVICES AND THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, STAYFUL AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF HOTEL AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. RATINGS DISPLAYED ON THIS SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND STAYFUL AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. STAYFUL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS SITE AT ANY TIME.
STAYFUL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE OR AS PART OF THE SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY STAYFUL. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. STAYFUL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
STAYFUL SUPPLIERS, INCLUDING WITHOUT LIMITATION HOTELS, INNS AND TOUR OPERATORS, PROVIDING TRAVEL OR OTHER SERVICES FOR OR THROUGH STAYFUL ARE NOT AGENTS OR EMPLOYEES OF STAYFUL. STAYFUL MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. STAYFUL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. STAYFUL HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL STAYFUL AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE OR SERVICES OR FOR THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF STAYFUL (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. STAYFUL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Stayful harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; (ii) third parties arising out of content you submit, post, transmit, or make available through the Site or your use of the Services, (iii) any third party arising out of your use of the Services or the use of the Services by any person using your account and/or password, or (iv) by third parties arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement or interfere with or disrupt the Services or servers or networks connected to the Services. You acknowledge that Stayful may or may not pre-screen content, but that Stayful has the right (but not the obligation) at its discretion to screen, refuse, move or remove any content that is available via the Services. Without limiting the foregoing, Stayful and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Stayful or submitted to Stayful.
Advertising and Links to Third-Party Sites
This Site may contain hyperlinks to Web sites operated by parties other than Stayful. Such hyperlinks are provided for your information and reference only. Stayful does not control such Web sites and is not responsible for their contents or your use of them. Stayful's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that Stayful shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available through any third party Web site.
You agree not to copy, reverse engineer, or attempt to discover any source code or proprietary data, or distribute or create derivative works based on the Site or the Services, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Stayful for use in accessing the Services. You agree not to use any means to scrape or crawl any Web pages or content contained within the Site or available as part of the Services (although Stayful may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Stayful reserves the right to revoke these exceptions either generally or in specific cases). In addition, any software that is made available from the Site or as part of the Services, including, without limitation, all HTML code and Web controls, are owned by or licensed to Stayful. Any reproduction or redistribution of this software is expressly prohibited.
Stayful's travel searching, planning and purchasing tools are to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Site and the Services in accordance with all of the terms and conditions herein. You agree to be financially responsible for all of your use of the Site and the Services (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using the Site and the Services is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by Stayful shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that abuse of the travel services reservation facilities of Stayful may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of rates, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights or hotels, in your forfeiting any monies paid for such reservation(s) or purchase. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site or the Services.
Although most travel is completed without incident, travel to certain destinations may involve greater risk. By offering for sale travel to particular destinations, Stayful does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the appropriate state or federal courts serving New York City, New York, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. This Agreement is personal to you and you may not assign or otherwise transfer this Agreement or your rights under this Agreement, but this Agreement may be assigned or otherwise transferred by Stayful without restriction. If any part of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement, which shall remain in full force and effect.