These terms and conditions (the “Terms“) govern your access to and use of Renting in NL’s website (the “Site“). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Renting in NL, based in Newfoundland and Labrador, Canada (“Renting in NL“). You are not permitted to access or use the Site if you are unwilling or unable to be bound by these Terms.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses the Site.
“We“, “us“, and “our” refer to Renting in NL.
“Content” refers to any text, images, or other data, in any form. “Your Content” refers to any Content that you submit through the Site, including, but not limited to, ratings, reviews, and images. “User Content” refers to any Content submitted to the Site by a user. “Renting in NL Content” refers to content that we create and make available on the Site. “Third Party Content” means Content that originates from parties other than Renting in NL or users of the Site, but which is made available on the Site. “Site Content” means all of the Content that is available on the Site, including Your Content, User Content, Third Party Content, and Renting in NL Content.
2. Changes to the Terms of Service
3. Using the Site
Permission to Use the Site
We grant you permission to use the Site subject to these Terms. If you have previously been banned, or have had your account closed, you are not permitted to use the Site. Use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
We do not guarantee that the Site will be available at all times, or at all.
In order to use some features of the Site you must register for an account. Registering for an account requires you to provide certain information about yourself. You agree to provide accurate information when registering for an account, and to keep your account information up-to-date at all times.
You are responsible for all activity that occurs in connection with your account. You agree to keep your account password confidential, and report any unauthorized use of your account to us immediately.
Unless otherwise stated you must not use your account for commercial purposes.
You must not create an account for anyone other than yourself, provide an e-mail address other than your own, or create multiple accounts to access the Site.
Users will be identified differently on the Site based on the type of account registered by the User. Tenants will be identified by a username. Landlords will be identified using their real name. Landlords are required to provide accurate information when registering for an account.
By registering for an account on the Site you agree to receive communications from Renting in NL, or communications sent through the Site by other Users in connection with certain features of the Site.
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Renting in NL.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media“). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Renting in NL and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
You retain ownership of Your Content. We retain all ownership and rights of Renting in NL Content. The rights for all Third Party Content are retained by the content creators supplying the content.
We also own the copyrights and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Renting in NL Content and the Site. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Renting in NL Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Renting in NL Content are retained by us.
We reserve the right to, but are not obligated to, moderate the Content posted to, or made available through, the Site. Any decision to moderate Content is made at our sole discretion.
Our action or inaction to moderate content or to enforce against any potential violation of these Terms by any user (or any other third party) does not waive our right to implement or not implement moderation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Terms.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent or moderate Content, or to implement other enforcement measures against any Content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or moderate Content, or to implement other enforcement measures against any Content, conduct or potential violation of these Terms.
You agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported violation of these Terms. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours. We do not guarantee the accuracy or reliability of any information made available on the Site.
We may display advertising on the Site. Users are not entitled to any compensation from advertising.
Content other than Renting in NL Content does not necessarily reflect the opinion of Renting in NL. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Community Guidelines. We have no obligation to retain or provide you with copies of Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate our Community Guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;
- Violate the rights of any third party;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote any commercial purpose, unless permitted by us;
- Send bulk messages to Site users;
- Solicit personal information from Site users;
- Violate any applicable law.
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Renting in NL;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, process, or mine information about other users;
- Reformat or frame any portion of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Renting in NL’s technology infrastructure or otherwise make excessive traffic demands of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses“);
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6. Guidelines and Policies
You represent that you have read and understood our Community Guidelines.
- take action regarding suspected illegal activities;
- comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
- protect our rights, reputation, and property, or that of our users, affiliates, or the public.
You agree that you have read, and agree to, our Event Attendee Code of Conduct.
7. Suggestions and Improvements
8. Third Parties
The Site may include links to websites or other resources outside of our control (a “Third Party Site“). You agree that use of a Third Party Site is at your own risk. We are not responsible for, and do not necessarily endorse, the information found on a Third Party Site.Your use of a Third Party Site is subject to the terms and policies of the Third Party Site.
You agree to indemnify, defend, and hold Renting in NL, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Renting in NL Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:
- your access to or use of the Site,
- your violation of the Terms,
- any products or services purchased or obtained by you in connection with the Site, or
- the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Renting in NL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Renting in NL. Renting in NL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Disclaimers and Limitations of Liability
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
11. Choice of Law and Venue
- You may terminate your account on the Site at any time by providing us with a request for termination. Terminating an account does not remove any Content that was submitted to the Site by the user.
- We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
13. General Terms
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Official notices, including changes to these Terms, may be communicated with you through e-mail, or through notifications on the Site.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- These Terms contain the entire agreement between you and us regarding your use of the Site.
- Any failure on Renting in NL’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Renting in NL’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.