|Terms and Conditions of Sale|
Villamarinelifesytles.com ("VILLA MARINE LIFESTYLES CALIFORNIA") provides its Service to you subject to the following Terms and Conditions ("T&C"), which may be updated by VILLA MARINE LIFESTYLES CALIFORNIA from time to time without notice. You should review the T&C periodically for changes at: http://www.villamarinelifesytlescalifornia.com/terms.php.
In addition, when using VILLA MARINE LIFESTYLES CALIFORNIA services, you and VILLA MARINE LIFESTYLES CALIFORNIA are subject to any guidelines and rules applicable to these services, which may be posted by VILLA MARINE LIFESTYLES CALIFORNIA from time to time. All such guides and rules are hereby incorporated by reference into the T&C. In most cases the guides and rules are specific to a particular part of the Service, and will assist you with applying T&C to that part. If there are any disparities between the T&C and any guide or rule, the T&C will prevail. VILLA MARINE LIFESTYLES CALIFORNIA may also offer services from time to time that are governed by other terms of Service. In such cases these other terms of Service will be posted against the service they apply to
1. DESCRIPTION OF SERVICE
VILLA MARINE LIFESTYLES CALIFORNIA is a website that enables private individuals and businesses to advertise properties and yachts for sale or hire, located at luxury lifestyle resorts around the world. The website also links to a wealth of information for site visitors relating to their selected region or luxury resort, such as travel, local services and local amenities.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service are subject to the T&C. You acknowledge and agree that the Service is provided AS IS and that VILLA MARINE LIFESTYLES CALIFORNIA assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access devices.
USING THE SERVICE
Advertisers accept that their listing may not be displayed from time to time due to necessary technical maintenance or due to server problems beyond the control of VILLA MARINE LIFESTYLES CALIFORNIA.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VILLA MARINE LIFESTYLES CALIFORNIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VILLA MARINE LIFESTYLES CALIFORNIA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will be provided with a password and account name on completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VILLA MARINE LIFESTYLES CALIFORNIA of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. VILLA MARINE LIFESTYLES CALIFORNIA cannot and will not be liable for any loss or damage arising from your failure to comply with these instructions.
4. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person the Content originated from. This means that you, and not VILLA MARINE LIFESTYLES CALIFORNIA, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. VILLA MARINE LIFESTYLES CALIFORNIA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. VILLA MARINE LIFESTYLES CALIFORNIA will not be liable in any way and under any circumstances for any Content, including, but not limited to, 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge and agree that VILLA MARINE LIFESTYLES CALIFORNIA may preserve Content and may also disclose Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner (b) for the purpose of properly administering your account in accordance with the standard operating procedures of VILLA MARINE LIFESTYLES CALIFORNIA or its affiliated companies, and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to (d) comply with legal process (e) enforce the T&C (f) respond to claims that any Content violates the rights of third-parties, or (g) protect the rights, property, or personal safety of VILLA MARINE LIFESTYLES CALIFORNIA, its users and the public. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. VILLA MARINE LIFESTYLES CALIFORNIA reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent to this paragraph at any time.
5. INTERNATIONAL USE
In recognition of the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned). When you are on any international VILLA MARINE LIFESTYLES CALIFORNIA property, you are bound by the Terms of Service and applicable laws governing that VILLA MARINE LIFESTYLES CALIFORNIA property.
6. COPYRIGHT ON YOUR DISPLAYED CONTENT
(a) With respect to Content you elect to post on the VILLA MARINE LIFESTYLES CALIFORNIA website, including text, photographs, logos or other graphics, you grant VILLA MARINE LIFESTYLES CALIFORNIA a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the product or service that you wish to advertise on the VILLA MARINE LIFESTYLES CALIFORNIA network. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. (b) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant VILLA MARINE LIFESTYLES CALIFORNIA the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed
You agree to indemnify and hold VILLA MARINE LIFESTYLES CALIFORNIA and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VILLA MARINE LIFESTYLES CALIFORNIA may establish general practices and limits concerning use of the Service. You agree that VILLA MARINE LIFESTYLES CALIFORNIA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that VILLA MARINE LIFESTYLES CALIFORNIA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VILLA MARINE LIFESTYLES CALIFORNIA reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
VILLA MARINE LIFESTYLES CALIFORNIA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VILLA MARINE LIFESTYLES CALIFORNIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that VILLA MARINE LIFESTYLES CALIFORNIA at its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if VILLA MARINE LIFESTYLES CALIFORNIA believes that you have violated or acted inconsistently with the letter or spirit of the T&C. VILLA MARINE LIFESTYLES CALIFORNIA may also at its sole discretion and at any time discontinue provision of the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that VILLA MARINE LIFESTYLES CALIFORNIA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that VILLA MARINE LIFESTYLES CALIFORNIA shall not be liable to you or any third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) VILLA MARINE LIFESTYLES CALIFORNIA shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, VILLA MARINE LIFESTYLES CALIFORNIA Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VILLA MARINE LIFESTYLES CALIFORNIA has no control over such sites and resources, you acknowledge and agree that VILLA MARINE LIFESTYLES CALIFORNIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VILLA MARINE LIFESTYLES CALIFORNIA 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. VILLA MARINE LIFESTYLES CALIFORNIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by VILLA MARINE LIFESTYLES CALIFORNIA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You expressly acknowledge and agree that: 1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, VILLA MARINE LIFESTYLES CALIFORNIA expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
2. VILLA MARINE LIFESTYLES CALIFORNIA makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from VILLA MARINE LIFESTYLES CALIFORNIA or through or from the Service shall create any warranty or other obligation not expressly stated in the T&C.
16. LIMITATION OF LIABILITY
You expressly acknowledge and agree that VILLA MARINE LIFESTYLES CALIFORNIA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VILLA MARINE LIFESTYLES CALIFORNIA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred..
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations (DISCLAIMERS & LIABILITY) may not apply to you. In particular, nothing in these T&C shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of VILLA MARINE LIFESTYLES CALIFORNIA.
18. USE OF SERVICES IN CONNECTION WITH FINANCIAL MATTERS
The Service is provided for informational purposes only and no Content included in the Service is intended for trading or investing purposes. VILLA MARINE LIFESTYLES CALIFORNIA shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
The VILLA MARINE LIFESTYLES CALIFORNIA logos, trademarks and service marks, and VILLA MARINE LIFESTYLES CALIFORNIA product and service names are trademarks of VILLA MARINE LIFESTYLES CALIFORNIA (the "VILLA MARINE LIFESTYLES CALIFORNIA Marks"). Without VILLA MARINE LIFESTYLES CALIFORNIA's prior permission, you agree not to display or use in any manner, the VILLA MARINE LIFESTYLES CALIFORNIA Marks.
21. COPYRIGHTS and COPYRIGHT AGENTS
VILLA MARINE LIFESTYLES CALIFORNIA respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the matter to VILLA MARINE LIFESTYLES CALIFORNIA by emailing or writing to us in cluding the following information -
22. GENERAL INFORMATION
These T&C (including the guides and rules referred to herein) constitute the entire agreement between you and VILLA MARINE LIFESTYLES CALIFORNIA and govern your use of the Service, superseding any prior agreements between you and VILLA MARINE LIFESTYLES CALIFORNIA. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party content. The T&C and the relationship between you and VILLA MARINE LIFESTYLES CALIFORNIA, shall be governed by the laws of England. You and VILLA MARINE LIFESTYLES CALIFORNIA agree to submit to the exclusive jurisdiction of the English courts. Any failure by VILLA MARINE LIFESTYLES CALIFORNIA to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
The section titles in the T&C are for convenience only and have no legal or contractual effect.