The following describes the terms (Terms) on which Holidale.com Inc.(Holidale.com , we, us, our or similar expression) offers you Services. By visiting, using or otherwise dealing with the Services, you agree to the Terms, whether or not you become a Member. If you do not agree to these terms, please immediately stop using the Services and leave this Site. holidale.com may from time to time amend these Terms or any other policies relating to the Services. If you continue visiting, using or otherwise dealing with the Services, you are deemed to agree to these amendments.

Accommodation means any accommodation provided by Hosts in connection with the Services. Account means a holidale.com account, registered and set up in accordance with holidale.com's registration requirements and procedures from time to time. Guest means a Member (other than the Host for the relevant Accommodation) who books an Accommodation with the Services or stays at an Accommodation. Host means a Member who creates a Listing via the Site and Services. Including, includes and similar expressions are construed without limitation. Listing means an Accommodation that is listed by a Host as available for rental. Member means a person who completes holidale.com’s account registration process, including Hosts and Guests, and a Member may be a Host for his/her Accommodation and may be a Guest for other Accommodations. Services means the services from time to time provided on the Site or by holidale.com. Site means holidale.com. User means a Member and any person visiting or browsing the Site or who in any other manner deals with the Services. You or similar expression means a Member and any person visiting or browsing the Site or who in any other manner deals with the Services.

  1. Services and Site
    1. Neutral Venue.
      The Services are intended to be used to facilitate Listings and the booking of and staying at Accommodations. The Site is an online venue through which users find and learn about each other and, if they wish, arrange stays with one another. The Site and all Services are neutral and not affiliated with any Host or Guest. We are not involved in the face-to-face or other contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
    2. Identity Verification.
      We do not confirm any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons whouse or register for our Services, whether as Guests or Hosts. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We encourage you to communicate directly with potential Hosts and Guests through the tools available on the Site and to review the profile pages for feedback from other users.
    3. Your Experience with Other Users.
      You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage or harm resulting from your interactions with other users of our Services. We may but have no obligation to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
    4. Release.
      By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from holidale.com. You release holidale.com from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise), equitable relief, and any other legal, equitable, and useristrative 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 connection with your dealing with Services, your communication or interaction with other users on the Site or your experience as a Guest or Host.
    5. Additional terms.
      holidale.com may, from time to time and at any time, offer or make available certain programs, options and/or promotions to all or selected Members. These programs, options and/or promotions may be offered or made available on an optional or mandatory basis, and in any case will be subject to additional terms and conditions which will be notified to the eligible Members. By accepting, selecting or participating in these programs, options and/or promotions, including by continuing to use the Services in the case of mandatory programs, options and/or promotions, the Member also agrees to such additional terms and conditions, which will be deemed to be incorporated by reference into these Terms in respect of such program, option or promotion.
  2. Account Registration

    2.1

    In order to access certain features of the Site, book an Accommodation or create a Listing, you must register an Account and become a Member.

    2.2

    You can register an Account and become a Member by logging into your account with certain third party social networking sites, including Facebook.

    2.3

    We will create your Account and your profile page based upon the information you provide to us or which we obtain from third party social networking sites.

    2.4

    You shall not have more than one Account. You agree to provide accurate, current and complete information during the registration process and to update the information to keep it accurate, current and complete. holidale.com may suspend or terminate your Account and your use of the Services if you create more than one Account or if any information you provide are inaccurate or false.

  3. Accommodation Listings

    3.1

    When you create Listings, you will be asked questions about the Accommodation, including location, capacity, size, features, availability, price, financial terms and Guests restrictions.

    3.2

    To be the subject of a Listing, an Accommodation must have a valid physical address. Listings are public information on the Site. Members may book your Accommodation based upon the information provided in your Listing. You undertake and agree that once a Guest requests to book your Accommodation, the price for the booking cannot be changed.

    3.3

    You are solely responsible for your Listings. You represent and warrant that your Listings and the booking of and Guest stays at an Accommodation in your Listing (a) do not breach any agreements, (b) comply with all applicable laws including zoning laws, and (c) do not conflict with the rights of third parties. holidale.com is not responsible and has no liability for a Host's compliance with any agreements, applicable laws or third party rights.

    3.4

    holidale.com may, at any time, without prior notice and in its sole discretion remove or block any Listing.

    3.5

    As a Host, you are responsible for your own acts and omissions and for those of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, including Guests. We advise you to consider and obtain appropriate insurances for your Accommodations, which are your sole responsibility.

  4. Holidale.com's Role

    4.1

    holidale.com is not an owner or operator of hotels, motels, home-stays, lodgings or accommodations of any kind. holidale.com does not sell, resell, furnish, provide, rent, license, manage or control hotels, motels, home-stays, lodgings or accommodations of any kind.

    4.2

    holidale.com is not an agent in any capacity for providers or users of hotels, motels, home-stays, lodgings or accommodations of any kind.

    4.3

    holidale.com operates the Site, which provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book Accommodations and deal with each other. In this regard, holidale.com works with Hosts to help market their Listings to its community of Members, and holidale.com enables Guests and Hosts to decide on booking offers and acceptance respectively.

    4.4

    holidale.com, as the operator of the marketplace that is the Site, also provides additional services to Members, including:
        

    (4.4.a)

    facilitating payment transactions between Guests and Hosts;
        

    (4.4.b)

    enforcing the applicable cancellation and refund policies where appropriate; and
        

    (4.4.c)

    providing customer support to help answer questions from and resolve issues encountered by Members.

  5. Binding Agreement

    5.1

    As a Host, if a Guest offers to book your Accommodation, you shall respond within 48 hours, failing which the booking is automatically cancelled. When you agree to accept an offer from a Guest to book your Accommodation, holidale.com will send you a confirmation of the booking, and a binding agreement between Host and Guest arises only when holidale.com sends the confirmation of the booking.

    5.2

    The agreement between a Host and a Guest as described above requires the Host to grant a licence to the Guest for the agreed period of the booking. The agreement does not grant or create, and is not an agreement to grant or create, any lease or similar interest over or in the Accommodation in favour of the Guest. Accordingly, during the period of the Guest’s stay in the Accommodation, the Guest does not have exclusive possession of the Accommodation and the Guest’s licence to stay in the Accommodation is subject to the Host’s rights of entry and inspection.

  6. User Conduct

    6.1

    Rules and Restrictions.In connection with your use of the Services, you must act responsibly and exercise good judgment. Without limiting the previous sentence, you shall not:
        

    (6.1.a)

    violate any applicable laws or regulations, or any order of a court;
        

    (6.1.b)

    infringe the rights of any person or entity, including intellectual property, privacy, publicity or contractual rights;
        

    (6.1.c)

    without a Host's express consent, subleasing, occupy or otherwise enter an accommodation;
        

    (6.1.d)

    interfere with or damage the Services, including, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
        

    (6.1.e)

    use the Services to transmit, distribute, post, submit or otherwise deal with information concerning any person or entity, including photographs, personal contact information, credit, debit, calling card or account numbers, unless you have obtained the applicable prior consent;
        

    (6.1.f)

    use the Services in connection with the distribution of unsolicited commercial email, spam or advertisements unrelated to the subject matter of the Services;
        

    (6.1.g)

    stalk or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting as a guest or host;
        

    (6.1.h)

    offer any accommodations that you do not yourself own or rent for the purposes of the Services, including in the capacity of a rental or listing agent for a third party property owner;
        

    (6.1.i)

    register more than one user account or register a user account on behalf of another person;
        

    (6.1.j)

    impersonate, falsify or otherwise misrepresent yourself or your association with any person;
        

    (6.1.k)

    use automated scripts to collect information or otherwise deal with the Services;
        

    (6.1.l)

    use the site to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
        

    (6.1.m)

    submit any listing with false or misleading prices; or
        

    (6.1.n)

    encourage or assist with any of the above.

    6.2

    Compliance with laws. You shall comply with all applicable laws relating to the use of the Services.

    6.3

    Account cancellation. holidale.com may in its sole discretion without providing any reasons whatsoever cancel or take any other appropriate action in relation to a user account.

    6.4

    Disputes with Other Users. You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

    6.5

    Listing Prices. If you post a listing offering accommodation through the Services which is accepted by you and a guest, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the guest. You agree not to alter the price once accepted.

  7. Minors May Not Use Services

    You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.

  8. privacy

    Our privacy policy is available on the Site at www.holidale.com/pages/policies (Privacy Policy) and is incorporated by reference. You agree to the privacy policy.

  9. your content
    1. License.

      By submitting any content (including, photograph, words, pictures, or symbols) to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, the content in any form, in all media now known or in the future created and for any purpose, subject to the Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license. We may sublicense any of these rights to our subcontractors, affiliates and other parties we deal with in relation to the Services.

    2. Content Restrictions.

      You alone are responsible for content that you submit, post or transmit via the Services. You may not post or submit any content that:
          (9.2.a) infringes the copyright, trademark or other intellectual property rights of any person;
          (9.2.b) is defamatory;
          (9.2.c) contains nudity or sexually explicit content, or is otherwise obscene;
          (9.2.d) may disparage any ethnic, racial, sexual, religious or other group by stereotypical depiction or otherwise;
          (9.2.e) depicts individuals under 18 years of age;
          (9.2.f) depicts or advocates the use of illicit drugs;
          (9.2.g) makes use of offensive language or images;
          (9.2.h) characterizes violence as acceptable, glamorous or desirable; or
          (9.2.i) provides a link to any other websites

    3. No Obligation to Post Content.

      We have no obligation to post any content from anyone. We may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

  10. Third-Party Content

    In using Services, you may deal with content and information from other users or third parties (Third-Party Content).Third-Party Content may be provided directly in the Services or through links to third-party websites. We do not control, and have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the truth of, and bear all risks associated with Third-Party Content, including the profiles of other users of our Services.

  11. Payment
    1. Fee Structure.
      In consideration of the Services, holidale.com keeps a portion of the Host's Accommodation price. As a Guest, you agree to pay the amount posted by your Host and holidale.com's prevailing Guest fees. As a Host, you may post a Listing for free and agree to pay holidale.com its prevailing Host fees for each Guest. Some optional services or functions may incur additional fees, which you agree to also pay.
    2. holidale.com facilitates the payment of Accommodation price, Host fees and Guest Fees.
    3. holidale.com provides a feature through which Members may view Accommodation prices and fees in currencies other than US dollars. Amounts listed in currencies other than US dollars are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in US dollars.
    4. Payments in currencies other than US dollars are subject to foreign currency processing costs, which are not refundable.
    5. Payment.
      If you, as a Guest, find a Listing that you wish to reserve, you will be asked to provide your credit card information and billing address. We will obtain a pre-authorization for the total amount of the stay to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Alternatively we may charge $1 to verify that the card works. If the Host who posted the Listing accepts your offer, your card will be charged the full balance at the time of acceptance. If the Host fails to respond or accept your offer, any charges will be refunded and the pre-authorization will be released. The funds will be held by holidale.com until you arrive, and shortly after, released to the Host, after deduction holidale.com's service charges.
    6. Cancellation and Refunds.
      If you, as a Guest, cancel your reservation, holidale.com will return the funds to you in accordance with the applicable cancellation and refund policy. holidale.com provides Hosts with a selection of cancellation and refund policies, from which Hosts will select one for each of their Listings.
    7. Taxes.
      You are solely responsible for determining your own taxes arising out of or in connection with the Services. We cannot and do not offer tax advice to either hosts or guests.
    8. Damages.
      As a Guest, you are responsible for leaving the Accommodation in the condition that it was handed over to you. In the event that a Host claims otherwise and provides evidence of damage and/or loss, including but not limited to photographs and/or signed acknowledgments, you agree to pay the cost of replacing the damaged and/or lost items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be charged to the credit card on file. If we are unable to charge the card on file, you will be required to remit payment. If you do not remit payment, the Host will be entitled and may take such action against you directly as the Host may deem appropriate.
  12. no agency
    holidale.com is not an agent or representative of any Member, whether as Host or Guests. All agreements, transactions and other dealings between Members, whether as Hosts, Guests or in any other capacity, are solely decided by those persons and between those persons only. holidale.com is not privy or a party to these agreements, transactions or other dealings.
  13. Proprietary Rights
    1. Our Intellectual Property.
      Material on our Site (including the name and style of holidale.com but excluding Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws. Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these material.
    2. Your Use of Our Intellectual Property.
      You may not retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the Site in a frame or any content from our Site through in-line links, unless we have provided our prior written consent which you may request at help@holidale.com. You may establish ordinary links to the homepage of our Site without our written permission and use embedded HTML widgets, if we have provided them.
  14. Username and Password
    You will select a username and password as part of the registration process. You shall safeguard your username and password. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on the Site; and (b) notify us immediately of any unauthorized use of your Account, username and password or any other breach of security.
  15. 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 and use of the Services, (b) deactivate or delete any of your accounts and all related information and files in the accounts and (c) prohibit your access to any of the files or Services. Upon termination we will promptly pay you any hosting fees held by us and due to you, less our service fees.
  16. Modification of Services
    We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, the whole or any part of our Services.
  17. Disclaimers

    17.1

    Our Services are provided as-is and as-available. To the greatest extent allowed under applicable law, we expressly disclaim all warranties of any kind whatsoever, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

    17.2

    Without limiting the generality of the previous clause, we do not warrant and expressly disclaim any warranty that (a) the Services will satisfy your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) information will be accurate or reliable; (d) any products, services, information or other material purchased or obtained through the Services will conform to any description, specifications, requirements, standards or warranties; or (e) any errors on the Site or in the Services will be corrected.

    17.3

    You acknowledge and agree that:
        

    (17.3.a)

    you use the Services at your sole risk;
        

    (17.3.b)

    holidale.com does not check, verify or ascertain any guest, host or other person;
        

    (17.3.c)

    holidale.com is a reputation-based system, and that you will reasonably rely on Service users' comments and referrals, use common sense and exercise due care and diligence in using and relying on the Services;
        

    (17.3.d)

    you access or transmit content through the Services at your sole risk, and accordingly you are solely responsible for any loss or damage arising out of the access or transmission; and
        

    (17.3.e)

    the data, information or advice obtained by you, orally, in writing or in any other form, from or in connection with the Services does not create or give rise to any warranty whatsoever, except as expressly stated in these Terms.

  18. Exclusion and Limitation of Liability

    18.1

    Nothing in this Agreement excludes or limits our liability in respect of:
        

    (18.1.a)

    death or personal injury caused by our negligence; or
        

    (18.1.b)

    any other liability which may not be limited or excluded under applicable law.

    18.2

    holidale.com shall not be liable, and excludes all liability, to you in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, for any loss, damage, cost or expenses of any nature whatsoever, incurred or suffered by you, if the loss, damage, cost or expenses:
        

    (18.2.a)

    is of an indirect or consequential nature;
        

    (18.2.b)

    constitutes pure economic loss; or
        

    (18.2.c)

    constitutes loss of turnover, profit, business or goodwill.

    18.3

    To the extent permitted under applicable law, in circumstances where holidale.com has not effectively excluded liability to you under the previous clause, the maximum limit of the Company's liability to the Customer, whether in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, shall be $1000.00.

  19. 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 reasonable legal fees, arising out or relating to your use of the Services or your breach of these Terms.
  20. reporting misconduct
    If you stay with or host anyone who you feel has acted inappropriately, violently or dishonestly, you must immediately report the offending person to the appropriate authorities and then to us at help@holidale.com. Your report does not require us to take any action except as required by applicable law.
  21. Miscellaneous
    These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Orange County, California or a United States District Court, Southern District of California located in Orange County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

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