Villatel Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Villatel provides an online platform to make reservations for certain Properties for short-term rentals at properties managed, owned, licensed, leased, rented, or developed by us or any of our affiliates (each a “Property” and collectively the “Properties”).
By using the Service and Properties, you acknowledge that the Service includes certain electronic communications from us such as SMS text communications and you consent to receiving such electronic communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Villatel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Unless otherwise agreed in writing by Villatel, you must be at least 25 years old to use the Service. Villatel may, at its discretion, require an additional security deposit for reservations by guests under the age of 25. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 25 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your registration and your use of the Service and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization, the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.
License & Site Access
Villatel grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Villatel. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Villatel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Villatel without express written consent. You may not use any meta tags or any other "hidden text" utilizing Villatel's name or trademarks without the express written consent of Villatel. Any unauthorized use terminates the permission or license granted by Villatel. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Villatel so long as the link does not portray Villatel or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Villatel logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications & Other Content
Visitors may post reviews, comments, and other content; send communications to friends; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass cookie mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. Villatel reserves the right (but has no obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Villatel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Villatel and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Villatel for all claims resulting from content you supply. Villatel has the right but not the obligation to monitor and edit or remove any activity or content. Villatel takes no responsibility and assumes no liability for any content posted by you or any third party.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole property of Villatel or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Villatel and is protected by U.S. and international copyright laws. All software used on this site is the property of Villatel or its software suppliers and protected by United States and international copyright laws.
Villatel and other marks indicated on our site are registered trademarks of Villatel in the United States and other countries. Villatel graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Villatel. Villatel's trademarks and trade dress may not be used in connection with any product or service that is not Villatel's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Villatel and/or Villatel. All other trademarks not owned by Villatel that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Villatel.
Site Policies, Modification & Severability
Please review our law posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Term and Termination
This Agreement is effective beginning when you accept it or first download, or otherwise access or use the Service, and its term ends when the Agreement is terminated. To the maximum extent permitted by applicable law, if you violate any provision of this Agreement, our licenses to you and this Agreement automatically terminate without notice to you. In addition, we may, in our sole discretion, terminate this Agreement or your account, or suspend or terminate your access to the site, at any time for any reason or no reason, with or without notice. You may terminate your account and this Agreement at any time by contacting customer service at email@example.com and requesting that your account be deleted. Upon termination of this Agreement: (a) all of our licenses to you hereunder automatically terminate and you must immediately cease all use of the Service and Properties; (b) you will no longer be authorized to access your account or the Service or any Properties; and (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.
To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, managers, and agents (from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service or Properties; (b) your breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by Property Managers from time to time); (c) your infringement, misappropriation, or violation of any third party’s right, including any intellectual property rights (including rights to trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and any third party; or (e) any injury, death, or damages sustained by any individual or entity, or to the property of the same, where such injury, death, or damage is caused by your or any of your guests’, visitors’, or invitees’ acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimer of Warranties & Limitation of Liability
THIS SITE IS PROVIDED BY VILLATEL ON AN "AS IS" AND "AS AVAILABLE" BASIS. VILLATEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VILLATEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VILLATEL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VILLATEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Twiddy.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Except for certain kinds of disputes described herein, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND VILLATEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles. You and Villatel submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under this Agreement. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.