Terms and Conditions
More specific terms of Visitor's use of the Service are outlined to Visitor when they sign a contract with a Vendor. More specific terms of Vendor's use of the Service are outlined to Vendor when they sign up and agree to use the Service.
THIS SITE IS A VENUE
- SKY's role in any transaction is limited to being an intermediary between the Owner or Property Manager and the Traveler.
We do not own or manage, nor do we contract for, any vacation rental
property advertised on the Site. Instead, the Site acts as a venue to
allow owners and property managers who advertise on our Site (each, a "Vendor") to offer for rent a specific vacation rental property to potential renters (each, a "Traveler" and, collectively with a vendor, the "Users").
We may be an intermediary for a transaction between Travelers and
Vendors and provide technology that relates to a rental booking, such as
a tool to enable a traveler to enter into a transaction to rent a
specific property directly from a vendor. As a result, any part of an
actual or potential transaction between a Traveler and a Vendor,
including the quality, safety or legality of the properties advertised,
the truth or accuracy of the postings (including the content thereof or
any property or traveler review), the ability of Vendors to rent a
vacation property or the ability of Travelers to pay for vacation rental
properties are solely the responsibility of each User.
We are also not responsible for the condition of the vacation rental properties posted on our Site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.
Finally, 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. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages or 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, result or action
- Identity Verification. We make no attempt to confirm, and do not confirm, any Vendor's purported identity. We do not endorse any Vendors who use or register for our Services. We do not investigate any Vendor's reputation, conduct, morality, criminal background, or verify the information that any Vendor submits to the Site.
- Release. By using the Site or Services, Visitors agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Visitors, Travelers or Vendors will be limited to a claim against the particular entity who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from SKY. You release SKY from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with Vendors or your experience as a Visitor or Traveler in connection with the Site. Further, you waive California Civil Code section 1542, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
- SKY's role in any transaction is limited to being an intermediary between the Owner or Property Manager and the Traveler. We do not own or manage, nor do we contract for, any vacation rental property advertised on the Site. Instead, the Site acts as a venue to allow owners and property managers who advertise on our Site (each, a "Vendor") to offer for rent a specific vacation rental property to potential renters (each, a "Traveler" and, collectively with a vendor, the "Users"). We may be an intermediary for a transaction between Travelers and Vendors and provide technology that relates to a rental booking, such as a tool to enable a traveler to enter into a transaction to rent a specific property directly from a vendor. As a result, any part of an actual or potential transaction between a Traveler and a Vendor, including the quality, safety or legality of the properties advertised, the truth or accuracy of the postings (including the content thereof or any property or traveler review), the ability of Vendors to rent a vacation property or the ability of Travelers to pay for vacation rental properties are solely the responsibility of each User.
- Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment.
- Disputes with Visitors and Travelers. Vendor is solely responsible for their interactions with Visitors and Travelers using the Site and Service.
- More specific terms of Vendor's use of the Service are outlined to Vendor when they sign up and agree to use the Service.
- Responsibility for User Contributed Content. We have no duty to
pre-screen content posted on the Site by Vendors, Travelers or other
Users (including, without limitation, reviews for any particular rental
property), (collectively, "user contributed content") and we are not
responsible for user-contributed content. 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,
has/have been apparently breached in respect of such content.
All property postings on the Site are submitted by the Vendor (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of the Vendor, and we specifically disclaim any and all liability arising from the alleged accuracy of the postings, property reviews, or any alleged breaches of contract on a Vendor's part. Vendors 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, property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective Travelers have searched for dates or types of properties. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
- Copyright infringement. SKY does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Should you become aware of or suspect any copyright infringement on this Site, please report the alleged copyright infringement taking place on or through the Site. To make a report please complete a written DMCA Notice of Alleged Infringement (the "Notice") and email SKY at [email protected] Upon receipt of a Notice, SKY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or termination of the Vendor's use of the Service in appropriate circumstances. Please note that a complainant may be liable for damages (including costs and attorneys' fees) if he or she knowingly makes a material misrepresentation that content is infringing.
- PHOTOGRAPHS. By electronically submitting a photograph through the
Site, the Vendor represents and warrants that (a) (i) it holds all
intellectual property rights with respect to each submitted photograph,
or (ii) it has secured from the copyright holder all rights necessary
for the photograph to be used in an online advertisement, (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 all employees and independent contracts working
for SKY from any cause of action arising from any misrepresentation with
respect to any and all photographs so submitted.
It is the Vendor's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The Vendor 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.
- The specific terms of payment for Travelers will be outlined in the agreement they sign with a Vendor to rent a specific rental.
- Cancellation and Refunds. If a Traveler cancels a confirmed reservation, Vendors will return funds in accordance with the cancellation policy outlined in the rental specific agreement between the Traveler and the Vendor.
- Taxes. SKY does not do business as an owner, property manager or operator of any rental, nor is it a provider of rooms, lodging or accommodations. Neither does SKY own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. SKY does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. SKY merely makes available a marketplace for Vendors and Travelers to arrange for accommodations. SKY is not a contracting agent or representative of the Vendor or Traveler. Instead, SKY's role is solely to facilitate the availability of this marketplace for the Vendor and Traveler and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Vendor and Traveler, and not SKY. Travelers understand that SKY is acting solely as an intermediary between Traveler and any Vendors with whom you choose to enter into a transaction. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Vendors or Travelers.
- Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.
- Your Use of Our Intellectual Property. You may not systematically
retrieve data or other content from our Site. You may not display any
portion of our Site in a frame (or any content from our Site through
in-line links) without our prior written consent, which may be requested
by emailing us at [email protected]
- TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
- MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
- DISCLAIMER OF WARRANTIES. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SKY DOES NOT CHECK ANY TRAVELER, VENDOR, OR OTHER USER'S BACKGROUND OR RECORD. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITS ON LIABILITY. EXCEPT AS SET FORTH IN SECTION 15, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
- INDEMNITY. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
- JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the State of Nevada and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in Washoe County, Nevada. Any action brought against SKY shall be venued in Washoe, Nevada.
- ATTORNEY'S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.