Terms of Service for Community by HomeAway - Account and Content Submission Agreement

Community by HomeAway™ Terms and Conditions

By using or accessing the Community by HomeAway™ website (“Community”), you acknowledge that you agree to and are subject to the following Terms and Conditions together with the terms and conditions and privacy policy of HomeAway.com (collectively the "Terms"). If you do not fully agree to these Terms, you are not authorized to access or otherwise use Community.

User Account

1.          Description of User Activities: Community , operated by HomeAway.com, Inc. (“HomeAway®”), provides vacation rental owners, renters, vendors and other third parties (each a “user”) with an interactive, user-driven venue to promote products,  services, experiences, and best practices for the vacation rental industry (the “Purpose”). Community services may include user registration, user participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, submitting or transmitting materials (including, but not limited to graphics, art, video, audio, text, opinions, etc.) and other services or activities that support the Purpose (collectively, “User Activities”).
2.          Registration Obligations: In order to participate in User Activities you must register and establish a User Account ("Account"). To register an Account you must: (1) be at least eighteen (18) years of age or older, (2) complete the Account registration form by providing true, accurate, current and complete  information (collectively, the "Registration Data") and (3) maintain and promptly update the Registration Data as necessary to keep it  true, accurate, current and complete. If HomeAway has reasonable grounds to suspect that any of your information is untrue, inaccurate, stale or incomplete, we may suspend or terminate your Account and prohibit you from accessing or contributing to any User Activities.
3.           Password and User Name: You will need to enter a password and username and receive Account designations upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities under your Account. You agree to notify HomeAway immediately of any unauthorized use or any other breach of security on your Account. HomeAway will not be liable for any loss incurred as a result of unauthorized use of a password or Account. However, you could be held liable for losses incurred by HomeAway or another party due to any unauthorized use of your Account or password. Unauthorized use of another's Account or password is strictly prohibited.
4.          Account or Access Termination by HomeAway : HomeAway may terminate your Community Account and/or Community access at any time for any reason in its sole and absolute discretion. Reasons for termination may include, but are not limited to (1) violation of the Terms or of any terms and conditions or policies applicable to any HomeAway site or service or those of its affiliates or partners; (2) abuse of Community resources or attempt to gain unauthorized entry to Community or its resources; (3) use of Community in a manner inconsistent with the Purpose; (4) as required by law, regulation, court or governing agency order.  The termination of your access to Community may be effective immediately. HomeAwayshall not be liable to any user or other third party for termination of an Account.

User-Generated Content

5.          User Content:
Community may host or facilitate content provided by users (“User Content”) for User Activities to serve the Purpose (All User Content must comply with the content guidelines).
6.          Responsibility for User Content: All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you are entirely responsible for any and all content that you upload, post, share, or otherwise display on Community. HomeAway may designate one or more subject matter “experts” to blog or contribute to Community. The opinions and advice of such “experts” may not reflect the opinion or viewpoint of HomeAway and HomeAway undertakes no obligation to verify such content and disclaims all liability therefore.
7.          Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control and have all legal rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. HomeAway reserves the right to request a proof of ownership or permission, and to refuse to post User Content without such proof or if such proof is, in HomeAway’s sole discretion, insufficient.
8.          Rejection of User Content: You acknowledge that HomeAway has no duty to pre-screen User Content posted on Community and we are not responsible for User Content.  We do, however, reserve the right to decline to permit the posting on Community of, or to remove from Community, any User Content that fails to meet our Content Guidelines or if it otherwise violates these Terms. HomeAway, in its sole discretion, may preserve User Content and may also disclose User Content as permitted by its Privacy Policy. All Community User Content is submitted by users and is the sole responsibility of each contributing user and we specifically disclaim any and all liability arising from the alleged inaccuracy of User Content or any alleged breach of contract on a user’s party. Under no circumstances will HomeAway be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of use of any User Content posted, emailed or otherwise transmitted via Community.