| Rentalany.com Associates/Property
Managers/advertisers Subscription Services Terms of Use
The Organisation
The Rentalany.com Web site is an interactive online service operated by
SEE Info Tech a subsidiary of SEE-TV .
User Agreement.
In order to protect the interests of all of our
users, as well as those of our information and service providers, we ask
that you abide by the following rules. By registering as a user or by
using this Rentalany.com site (the "Service"), you hereby agree
to be bound by all of the following terms and conditions ("Terms
of Use" or "TOU").
1. TERMINOLOGY
The terms "Rentalany.com", "we", "us",
"our", "SEE-TV", "this site", are
used to refer Rentalany.com
The terms "Property Manager", "you" and "your"
are used to refer to the party who is entering into a contract
with Rentalany.com . for the Subscription Services.
Content - All information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials.
TOU - Terms of Use
2. ACCEPTANCE OF TERMS
Rentalany.com provides the Subscription Services to you, subject to the
following Terms of Use ("TOU"), which may be updated by us from
time to time without notice to you. You can review the most current version
of the TOU at any time at www.rentalany.com/docs/TOU.htm. Please note
that other Rentalany.com services, outside of Rentalany.com website Services,
are governed by a different Terms of Use.
3. DESCRIPTION OF SERVICES
Rentalany.com Subscription Services currently provides rental property
owners with access to a rich collection of online resources, advertisement
and communications services. To use the Services, you must obtain access
to the World Wide Web, either directly or through devices that access
Web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access
device. Rentalany.com is not a party to, or obligated under, any transaction
or rental agreement between you and any renter or prospective renter.
Rentalany.com is not a Real Estate broker. We do not assist in showing,
or inspecting properties. This site is for informational purposes only.
Our mission is to provide a valuable resource for owners and managers
to connect with tenants and renters and others in the community.
Rentalany.com does not offer or provide legal advice, tax advice or services,
nor advise users on obtaining a mortgage. We provide no warranties on
any articles, forms, calculators, offers or other information contained
on this site. Information provided is for informational purposes only
and is based on the authors experience or the experience of other
contributors to this site. Whenever making legal or financial decisions,
you should consult an attorney or financial advisor.
As part of the Services, Rentalany.com may make available a variety of
content through the Site prepared by itself or third parties. This content
is for informational purposes only and is not intended as tax, legal or
investment advice.
4. YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true,
accurate, current and complete information about yourself and your business
as prompted by the Services' 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 Rentalany.com .has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Rentalany.com
. has the right to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion thereof).
You will pay all subscription, service and use fees associated with the
Services ("Fees") by authorized check, demand draft, credit
card or electronic fund transfer on or before the due date specified in
any invoice we send you. We reserve the right to change the Fees, in our
sole discretion, upon notice to you, which notice may be given by posting
any change in Fees in the Services area of the Rentalany.com Web site
(www.rentalany.com). Any change in Fees shall be effective thirty (30)
days after we post the Change in Fees notice and shall affect Fees that
are due in the calendar month that is immediately subsequent to the end
of the thirty-day period. You will also pay all national, state and local
taxes, if any, levied now or in the future, that are applicable to your
use or receipt of the Services. You will pay all costs (including, but
not limited to, attorneys' fees), if any, we incur in collecting overdue
fees from you. A detailed description about payment rules are available
at http://www.rentalay.com/docs/Paymentdetails.htm
5. RENTALANY.COM INFORMATION DISCLOSURE AND PRIVACY POLICY
As part of the Services, we will make all of your property listings, showings,
online leasing office content and all personally identifiable information
related to such information available to third parties. In addition, we
may disclose to third parties certain aggregate information contained
in your Registration Data, your property listings or online leasing office
content or related data, provided that, such information will NOT include
personally identifying information, except as specifically authorized
by you or in the good faith belief that such action is reasonably necessary
to comply with the law, legal process, to enforce the TOU, or under any
of the other circumstances set forth in our privacy policy, as may be
amended from time to time.
6. CONTENTS AND CONDUCTS
The Content, whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not Rentalany.com , are entirely responsible
for all Content that you upload, post or otherwise transmit via the Services.
Rentalany.com does not control the Content posted via the Services and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Services, you may be exposed
to Content that is offensive, indecent or objectionable.
You will post Content related solely to rental properties that you own
or manage. You will keep all available property listings current and you
will accurately describe all property or community features and terms.
Your Content will not be inaccurate, misleading or inflammatory. Your
Content will comply with Rentalany.com's TOU, and with all national, state
and local fair housing laws, regulations and ordinances. You will not
mischaracterize the relationship between you and Rentalany.com or imply
that Rentalany.com is a party to, or obligated under, any agreement between
you and any third party.
You will not use the Services to:
(a) Upload, post or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, torturous, defamatory, vulgar, obscene,
libelous, harmful to minors, pornographic or sexually explicit material
of any kind, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) Impersonate any person or entity, including, but not limited to,
a Rentalany.com official, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images (those
not linked to from another accessible page);
(d) Upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
(e) Upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
(f) Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "Spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas of the Services that are designated
for such purpose;
(g) Upload, post or otherwise transmit any content that requires membership
or payment to access any or all of the content posted. This includes,
but is not limited to, use of Services by fee-based services, rental locator
services, or any other company that requires additional fees or obligations
to access content or information;
(h) Upload, post or otherwise transmit any content that contains restricted
or password only access pages, or hidden pages or images;
(i) Upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
(j) Interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
(k) Intentionally or unintentionally violate any applicable local, state,
national or international law, regulation or ordinance;
(l) "Stalk" or otherwise harass another;
(m) Promote or provide instructional information about illegal or harmful
activities;
Rentalany.com does not pre-screen Content, but Rentalany.com and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available via the Services. Without
limiting the foregoing, Rentalany.com and its designees shall have the
right to remove any Content that violates the TOU or is otherwise objectionable.
You must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
Rentalany.com does not claim ownership of the Content you place on this
site through our forms. By submitting Content to Rentalany.com for inclusion
on the Rentalany.com Site, you grant Rentalany.com the world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and promoting
your online leasing office or rental property listings on Rentalany.com
's Internet properties.
7. RENTALANY.COM PROPRIETARY RIGHTS
The Services and any necessary software used in connection with the Services
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Content contained in sponsor advertisements or information presented to
you through the Services or advertisers is protected by copyrights, trademarks,
Services marks, patents or other proprietary rights and laws. Except as
expressly authorized by Rentalany.com or advertisers, you will not modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Services , in whole or in part.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from India or the country in which you reside.
9. INDEMNITY
You will indemnify, protect, defend and hold Rentalany.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your Content, your use
of the Services, your connection to the Services, your violation of the
TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion
of the Services, use of the Services, or access to the Services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
Rentalany.com may establish general practices and limits concerning use
of the Services.
12. MODIFICATIONS TO SERVICES
Rentalany.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Services (or any
part thereof) with or without notice. You agree that Rentalany.com . shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Services.
13. TERMINATION
You agree that Rentalany.com, in its sole discretion, may terminate your
password, your access to Rentalany.com Subscription Services Site, use
of the Services or use of any other Rentalany.com services, and remove
and discard any Content within the Services, for any reason, including,
without limitation, for lack of use or if Rentalany.com believes that
you have violated or acted inconsistently with the letter or spirit of
the TOU. Rentalany.com may also in its sole discretion and at any time
discontinue providing the Services, or any part thereof, with or without
notice. Any termination of your access to the Services under any provision
of this TOU may be effected without prior notice, and acknowledge and
agree that Rentalany.com may immediately deactivate or delete your online
leasing office and all related information and files in your online leasing
office and/or bar any further access to such files or the Services. Further,
Rentalany.com shall not be liable to you or any third-party for any termination
of your access to the Services.
14. LINKS
The Services may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Rentalany.com has no control
over such Web sites and resources, Rentalany.com is not responsible for
the availability of such external Web 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 Web sites or resources.
You further acknowledge and agree that Rentalany.com 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 Web site or resource.
15. EMAIL SERVICE DEFINITION / DISCLAIMER ON "SPAM" FILTERS
As part of the service we provide, it is Rentalany.com's responsibility
to "send" email notifications for inquiries (eg. accommodation requests)
generated by visitors via Rentalany.com to the advertisers registered
email addresses. However, it is not Rentalany.com's responsibility to
make sure that the advertisers can "receive" email notifications
from Rentalany.com. It is the advertiser's responsibility to make sure
he/she can "receive" email notifications from Rentalany.com.
16. DISCLAIMER OF WARRANTIES
(a) Your use of the Services and Content is at your sole risk;
(b) The Services are provided on an "as is" and an "as
available" basis;
(c) Rentalany.com expressly disclaims all warranties of any kind, whether
expressed or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, course of dealing
or usage of trade and non-infringement;
(d) Rentalany.com makes no warranty that:
(i)The Services will meet your requirements, (ii)the Services will be
uninterrupted, timely, secure (beyond any security guarantees of our third-party
SSL provider, which is extended to our Site users), or error-free, (iii)
the results that may be obtained from the use of the Services will be
accurate or reliable, (iv) the quality of the products, services, information,
or other material purchased or obtained by you through the Services will
meet your expectations, (v) any errors in the software will be corrected,
or (vi) that any third party will perform as promised;
(e) Any material downloaded or otherwise obtained through the use of the
Services is done at your own discretion and risk, and 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;
(f) No advice or information, whether oral or written, obtained by you
from Rentalany.com or through or from the Services shall create any warranty
not expressly stated in the TOU.
To the fullest extent permitted under applicable law, Rentalany.com disclaims
any and all such warranties.
17. LIMITATION OF LIABILITY
Rentalany.com . shall not be liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited
to, damages or loss of profits, goodwill, use, data, or other intangible
losses (even if Rentalany.com has been advised of the possibility of such
damages) resulting from: (i) the use or the inability to use the Services;
(ii) the cost of procurement of substitute goods and services; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on the Services; or (v) any other matter
relating to the Services.
Further, Rentalany.com shall not be liable for any loss resulting from
failure of electronic or mechanical equipment or communication lines;
telephone or other interconnectivity problems; bugs, errors, configuration
problems, or incompatibility of computer hardware or software; failure
or unavailability of Internet access, problems with Internet service providers
with intermediate computer or communications networks or facilities; problems
with data transmission facilities of your telephone or telephone service;
or unauthorized access, theft, operator errors, severe weather, earthquakes,
acts of God, acts of war or labor disputes. Rentalany.com is not responsible
for any damage to your computer, software, modem, telephone or other property
resulting from your use of the Services.
You further agree that Rentalany.com shall not be liable to you or any
other third party for any information submitted to you by a renter or
prospective renter or for the suitability of qualification of any renter
or prospective renter. Rentalany.com is not a collection agency and is
not responsible for pursuing renters on your behalf for rental payments
or any other obligation.
18. GENERAL RELEASE
Because Rentalany.com is not involved in transactions between property
managers and renters or any third parties, if a dispute arises between
one or more Web site or Services users, each of you release Rentalany.com
(and its agents and employees) from claims, demands, and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
19. NOTICE
Notices to you may be made by e-mail or regular mail. Rentalany.com may
also provide notices of changes to the TOU, Services or other matters
by displaying notices or links to notices to you generally on the Site.
20. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Rentalany.com
and govern your use of the Services, superceding any prior agreements
between you and Rentalany.com . You also may be subject to additional
terms and conditions that may apply when you use other Rentalany.com services,
third-party content or third-party software. The TOU and the relationship
between you and Rentalany.com shall be governed by the laws of the Republic
of India without regard to its conflict of law provisions. You and Rentalany.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the City, Kochi, Kerala. The failure of Rentalany.com to exercise
or enforce any right or provision of the TOU shall not constitute a waiver
of such right or provision. If any provision of the TOU 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 TOU remain
in full force and effect. 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 Services or the TOU must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the TOU are for convenience only and have no legal or contractual
effect.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES
THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.
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