Terms and Conditions
The following Terms and Conditions constitute a legally binding agreement between you and Vacation Mouse, Inc. and VacationMouse. By accessing, using, or browsing the VacationMouse website ("Site", "We", "Us" ,"Our" or "Company"), you acknowledge that you have read, understood, agree, comply, and are subject to the following Terms and Conditions, and will comply with all U.S. and local laws and regulations. Please read them carefully. If you do not agree fully to these terms and conditions, you may not access, use, or browse this site. If you breach these terms and conditions, your permission to use this site automatically terminates.
- Copyright: All material provided on VacationMouse is copyrighted @2010 - present, and protected by law, including, but not limited to, United States copyright laws, database rights, and international treaties and conventions. All information, content, materials, text, files, photos, images, maps, graphics, and listings arrangement are for personal, non-commercial use only. Permission to copy, re-produce, re-publish, mirror, distribute, store, display, download, upload, post, modify, distribute, or transmit any part of the content of this site is expressly prohibited without the prior written permission from the Company. You do, however, as part of the standard rental inquiry process, have permission to download and display one copy of any part of the site, as long as it includes our copyright mark "@2010 – present Vacation Mouse, Inc. – All Rights Reserved".
- Trademarks: All trademarks, service marks, trade names, logos, page headers, buttons, scripts, graphics, and illustrations displayed on this site are registered and unregistered Trademarks of the Company or its affiliates, or displayed under license, and shall remain owned by company. No right of ownership shall be granted, expressed or implied, without written permission of the Company. Any unauthorized use is strictly prohibited.
- Platform: This site is created solely as a platform for members of our site to advertise, offer to rent, or rent a specific vacation rental property to potential renters or travelers. We do not own any vacation rental property on our site, nor are we a party privy to any rental transaction. The truth and accuracy of the listings, legality, safety, and quality of the properties advertised, content, guest book reviews, success of members renting their property, or ability of travelers to pay, are solely the responsibility of the user. No guarantee is expressed or implied herein.
- License: Vacation property owners ("members") are charged a fee to advertise their properties on our site. We do not charge travelers to access the site or research listings, rather, we grant users a limited, revocable, non-exclusive license to access the site to advertise vacation rental properties, search vacation rental properties advertised for rent, or inquire about specific properties. This license may be revoked for misuse, or violations of the Terms and Conditions agreement.
- Hyperlinks: General purpose internet search engines and non-commercial public archives that use tools to obtain information for the sole purpose of displaying hyperlinks to this site, are granted a limited and revocable, nonexclusive right to create a "hypertext" link to the entry page of this site, provided they use a stable IP address, or multiple IP addresses, using an easily identifiable agent. They must not portray the Company or any its services in a derogatory, defamatory, or false and misleading way. Search engines, websites or other services that provide classified listings or property rental advertisements, or in the business of providing vacation property rental services, or the like, are prohibited. As a courtesy, there are links found on this site to third party sites. The Company has not reviewed these sites, has no control over these sites, and makes no representations of these sites, their privacy policies or content. The Company does not endorse any information, products, materials, software, or results from using them.
We reserve the right to delete or refuse any hyperlinks to other website addresses without notice. We may charge for hypertext links at our discretion at anytime. Any access to third party sites is entirely at your own risk, and you agree that the Company shall not be liable or responsible, directly or indirectly, for any damage or loss, actual or alleged, that may occur in connection with, or caused by use of these third party sites.
- Downloading Restrictions: Informational gathering methods including data mining, web scraping, screen scraping, robot, spiders, automatic devices, and other data gathering and extraction methods used without our prior written permission are prohibited. Use of a frame, framing techniques, or a border environment around the site to enclose a company trademark, trade name, service mark, logo, or any other proprietary information including text, layout, design, images, illustrations, or any portion of the site is prohibited.
- Other Restrictions: The following activities are prohibited: Any act that violates or promotes the violation of any local, state, federal, or non-United States law or regulation. Use of this site for any other purpose than to advertise vacation rentals, research vacation rentals, or submit legitimate inquires about available rentals and sending spam or unsolicited emails to any other user on the site. Any device or software designed to gather information from the site, or interfere with the proper working of the site. Any action or attempt to impose a large load on the company's website, database, infrastructure, or function. Any activity that interferes with, disrupts, or destroys networks, services, servers, computer software, computer hardware, policies, procedures, or telecommunications, including software viruses, code, programming, or other methods. Any activity or use that adversely affects the function, performance, networks, or computer systems used by this site. Any activity or uploads that damages, disrupts, interferes with the secure operation of this site or is a breach of internet connection, including transmitting viruses, worms, Trojan horses, or time bombs. Any action or attempt to translate this site into any language, computer language, or reverse engineer any part of this site. Any access or use of this site that encourages conduct that would constitute a criminal offense or civil liability. Any attempt to email, upload, post or transmit photographs, video, graphics, software, data, text, music, sound, or any other content that is illegal, sexually explicit, indecent, pornographic in content or related, leads to pornographic sites or services, inflammatory, discriminatory, racist, hateful, unethical, libelous, defamatory, abusive, harmful, threatening, harassing, profane, vulgar, obscene, objectionable, or for any other unlawful purpose or intent. Any attempt to transmit or post information that contains false or misleading statements, or disguises the point of origin. Any information you do not have the right to transmit. Any activity or information that, in any way, may be harmful to minors. Any attempt to provide informative or instructional information about illegal or criminal activities. Any act to violate, infringe, or plagiarize the rights of third parties, including copyright, trademarks, service marks, patents, trade secrets, privacy, publicity, proprietary rights, and intellectual property, whether by pirating or other unlawful means. Any attempt to copy, pirate, install, or distribute software products that are not owned or licensed by you. Any attempt to impersonate or misrepresent any person, property, or entity. If you have any questions as to the legality of any act or communication, or potential act or communication through this site, or are unsure whether any use or action is permitted, please contact us at legal@VacationMouse.
- Transmission of Data: Any vacation property listing, information, materials, data, photos, or emails posted or transmitted through this site will be treated as non-confidential, and may be used by the company for any purpose. Any data on this site may be processed or stored at locations within or outside the United States. Private information will be treated in accordance with our Privacy Policy.
- Emails: Users of our site agree to allow Us and our affiliates to add their email address to Our database. We may send emails to users for marketing purposes or promotional products. You have the right to discontinue receiving these emails by opting-out at anytime.
- Changes: We may change any portion of our site at anytime without notice or liability. This includes, but is not limited to, content, features, accessibility, and design.
- Limits of Liability: You agree to hold harmless Vacation Mouse, Inc., VacationMouse, and its officers, directors, managers, employees, agents, affiliates, suppliers, licensors, and associated third parties, from any and all liability, including lost profits, damages (actual, punitive, consequential, incidental, or special), costs, expenses, claims, or causes of action, direct or indirect, and legal fees, arising out of or relating to use of our site, inability to use, transactions between users, disputes between users, lost data or business interruption, websites linked to this site, materials or services, these Terms and Conditions, terms of use, breach of contract, breach of warranty, tort, negligence, strict liability, any rental or attempted rental of a property on this site, failure to pay any amount related to a property on this site, condition and maintenance of a property on this site, fraudulent listing or renting of property on this site, arising out of or use of services or access to this site, any third party, or any other cause of action whatsoever, known or unknown, to the extent that are not prohibited by law.
- Remedy: If you do not agree with any part of this agreement, are not satisfied with this site, have any claim against us, a member, a property owner, a property manager, a traveler, a third party arising out of use of this site, or another user of this site, your sole and exclusive remedy against us is to discontinue using this site as a member, guest, traveler, advertiser, or by any other means. Our maximum liability to you or any third party in connection with using this site is limited to a refund of your membership fee.
- Laws and Venue: This agreement shall be governed by the laws of the State of Rhode Island, United States of America, where all services of use hereunder are exclusively performable or sold. You irrevocably consent to submit to the exclusive jurisdiction of the State and Federal laws in the State of Rhode Island for the following:
- any dispute or litigation arising out of or relating to this Terms and Conditions of this Agreement,
- any cause of action you may submit or file in connection with your use of this site, and
- any legal dispute between you and Us.
- You also agree to the following:
- You will not commence any litigation arising out of or relating to this agreement except in the State of Rhode Island Courts, United States of America.
- You will not to claim or plead that such litigation brought hereunder has been brought in an inconvenient forum, and/or request change of venue,
- To file any complaint or cause of action within one year after the complaint or cause of action arises.
- These Terms and Conditions represent the entire agreement between you and us regarding use of this website. Separate Terms and Conditions are not filed separately for each user, rather the user shall print or download a copy to your own computer for your own use.
- We are not responsible for any infringement or violation of laws by content, photographs, or copy supplied by members.
- Your membership may be terminated immediately if we feel you breached these Terms and Conditions, or for any other unauthorized use of this website.
- If any provision/ item of this agreement is deemed by a court of competent jurisdiction to be considered contrary to applicable law, then the provision/item shall be interpreted as close as possible to reflect the intentions of the parties, with all other provisions/items remaining in full force,
- The Company's failure to exercise any provision/right of this agreement shall not constitute waiver of such provision/right,
- The Company may assign any part of this agreement in whole or part,
- You may not assign any part of this agreement in whole or part without expressed, written permission from the Company.
- Users Privacy: You are granted a license to use personal information, including emails, obtained through this site for inquiry and booking purposes only. Any use otherwise is prohibited. You agree to maintain this confidential information in a protected and secure manner. You may not disclose a user's personal, financial, or email information to a third party without both our consent and the consent of the user. You assume all liability for the misuse, lack of care, loss, or unauthorized transfer of this information. You are not licensed or authorized to add a user's email to your address book or mailing list without the expressed consent of the user. If requested by users, you must remove/delete this information from your files, address book, mailing list, or database. You agree and accept that your information obtained through this site may be use by others to communicate with you for inquiries and booking purposes.
- Disclaimer: The company does not warrant or make an representations, expressed or implied, as to the following regarding the site or vacation rental properties on the site: operation of this site, results of use, your success, use, content, accuracy, reliability, validity, any materials on this site, data accuracy, accuracy of a property description, accuracy of the images and photographs, condition of a property, privacy, implied warranty of habitability, quiet enjoyment, non-infringement, title, ownership, management, accessibility, fitness, any other information related to a property on this site, any sites linked to this site, software, functions, system integration, current information or updated material. You agree that any and all transmissions to and from this site are not confidential, may be read by others, and no contractual or fiduciary arrangement, actual or implied, is created outside these Terms and Conditions. Files or software available for download are not guaranteed to be free from defects, viruses, worms, Trojan horses, or destructive properties of any kind. Please use this site at your own discretion and risk.
- Indemnification: You agree to indemnify, defend, and hold harmless Vacation Mouse, Inc., VacationMouse, and its officers, directors, managers, employees, agents, or any other member of the Company from any and all liability, loss, damage, legal fees, costs, expenses, claims, or causes of action incurred by the indemnified party as a result of any claim associated with your use of this site.
- Amendments: We reserve the right to change, add, delete, or modify any part of the Terms and Conditions, at any time. Notification of changes will be posted on the site, and are effective immediately. Your use of this site thereafter will constitute your acceptance of all changes.
- Infringement: If you feel your listing or content have been copied in a way that constitutes copyright infringement, please notify us at legal@VacationMouse or Vacation Mouse, Inc., PO Box 570, Newport, RI 02840. Please include your name, listing number, address, phone number, and email address, and identify the particular material that you believe is being infringed upon. Include a statement, signed under penalty of perjury, that you are the copyright owner of the material and the use is not authorized by you. We will remove the alleged copyright infringement material subject to the Digital Millennium Copyright Act.
- Independent Contractors: No agency, joint venture, partnership, franchiser-franchisee, employee-employer, is created, actually or implied, by these Terms and Conditions. All relationships are exclusively that of independent contractors.
- Notices: All notices from you shall be sent to legal@VacationMouse or Vacation Mouse, Inc., PO Box 570, Newport, RI 02840. All notices from Us shall be sent to your email address on file with your account. Notice is considered given unless we are notified that the email address is invalid. Otherwise, notice may be given by certified mail, to the mailing address on file with your account.
- Design: The design, layout, and content of this site may change occasionally without notice. The design, layout and content of your site are subject to review and approval from us at anytime.
- Photographs: Photographs received by us will be scanned into our electronic database, and will be discarded thereafter. We will not be responsible for any defect or deficiency in the image as a result of the scanning process. We reserve the right to edit or delete photographs supplied by members. You represent that you have copyright permission for all photographs we receive, and that no photograph has been altered to as mislead the accuracy of the property, and any and all people in the photograph have given you their permission to display their image in your listing.
- Reviews: We are not responsible for the content or accuracy in reviews submitted by travelers who have stayed at your property. All reviews must be from actual guests who have stayed at the property. Any reviews we consider false will be deleted at our discretion.
- Accuracy: Each member represents that all information submitted or posted on a listing is accurate and true, and that they have legal authority to form a legally binding contract with Vacation Mouse, Inc., and VacationMouse. All changes in property information or updates shall be promptly updated to your listing. Proof of identification, ownership, or management authorization/permission shall be submitted upon request.
- Trademark/Copyright Permission: Members who are fully paid up agree to these Terms and Conditions, and give us an irrevocable, royalty free, non-exclusive, perpetual, unrestricted, worldwide license to use, copy, license, sublicense, reproduce, modify, edit, display, transmit, and distribute the content, including photographs and copy, you post on this website. Members give us permission and license to copyright and protect the content, photographs and copy from the unauthorized use by third parties that may attempt to pirate or scrape the information. Members give us permission to reproduce, promote or advertise any photograph or copy supplied. Members waive all rights to alleged or actual infringement of any intellectual property or proprietary rights, moral rights, right to privacy or publicity, in regard to content, photographs, and/or copy supplied to or used by us for any purpose.
- Advertising: Members may only advertise one property on a particular listing. Substitution of properties is not allowed on a listing. If a member changes information, content, photographs, or copy in a listing that substantially changes that listing to represent a different property, or multiple properties, we reserve the right to delete the listing and retain the membership fee for that listing without refund or recourse by the member. We reserve the right to refuse any listing submitted to Us at our discretion. Members or prospective members agree to release Us and hold Us harmless for any loss or liability that may arise from this action.
- Assignment: Listings may not be assigned or transferred to another party for any reason.
- Payments: We accept payments for memberships in U.S. Dollars by a major authorized credit/debit card, or check from a U.S. bank only. Members may not request a traveler to mail cash, require bank check, money orders, or use Western Union for payment. Any violation of these payment methods will result in immediate removal or deletion of the listing and forfeiture of the membership fee without recourse by the member.
- Cancellation/Refund Policy: Memberships are designed to be active for the full term chosen and paid by the member. Membership fees are refundable during the first month on membership only. If you would like to cancel your listing or membership, we will refund the entire membership fee, less a $50 service charge. No refunds are allowed on additional listings. If you renew your listing, you agree that it will remain online for the entire term without cancellation or refund. To request a refund, please email your request to membership@VacationMouse or mail your request to Vacation Mouse, Inc., PO Box 570, Newport, RI 02840.
- Termination: If we receive a complaint that a member violates any of these Terms and Conditions, it's obligations to Us, practices unethical behavior, or a member's listing contains offensive material, at our discretion, We may remove the listing immediately pending investigation. If we decided that the complaint is valid, We will remove the listing without notice or refund. Our goal is to maintain a safe site, which travelers and members alike may use with confidence.