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Terms & Privacy

Wavecation is a really fun site, this page however is a bit of a bummer because we have to go over all the legal stuff.  Here it goes.

 

Terms and Conditions

By using or accessing Wavecation.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Wavecation LLC. 

1.    The Site is a Venue and We are Not a Party to any Rental Transaction.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property.  We do not own or manage, nor can we contract for, any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers who advertise on our Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation rental property to potential renters (each, a “traveler” and, collectively with a member, the “users”). We are not involved in any transaction between travelers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveler to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user.

We are also not responsible for the condition of the vacation rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.
 
2.    Responsibility for User-Contributed Content.
 
We have no duty to pre-screen content posted on the Site by members, travelers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.  Finally, we reserve the right (but do not assume the obligation) to edit member’s content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.

We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request..

3.    Links to Third Party Sites.

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.  We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
 
4.    Limitation of Liability.   
 
IN NO EVENT WILL WAVECATION LLC, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “WAVECATION GROUP”),  OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE WAVECATION GROUP (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUC H EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE WAVECATION GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
 
5.    Disclaimers.
 
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

6.    Release; Indemnification.
 
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE WAVECATION GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI S SETTLEMENT WITH THE DEBTOR.”  
 
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE WAVECATION GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE,TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
 
7.    Choice of Law and Forum; Time Limit.
 
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN TRAVIS COUNTY, TEXAS WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN TRAVIS COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
 
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8.    GENERAL

No Agency:  Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
 
Notices:  Except as explicitly stated otherwise, any notices to us shall be given by email to admin@wavecation.com, or by calling (512) 921-4020.

When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
 
Changes to the Site or these Terms and Conditions:  We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

Your Record of These Terms:  We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
 
Enforcement of These Terms:  We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site.  However, we do not guarantee that we will take action against all breaches of these Terms.  Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.  Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

Entire Agreement, Headings and Severability:  These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site.  Headings in these Terms are for reference only and do not limit the scope or extent of such section.  If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect.  Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment:  We may assign these Terms in our sole discretion.  Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.  

 

Additional Terms and Conditions Applicable to Our Members

In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.

9.    Member Eligibility; Accuracy of Information; Representations.
 
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect in, or material information about, a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request.
 
10.    Content, Layout and Copy.
 
All content submitted by members are subject to review and approval by us in our sole discretion.  We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us.  However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.   Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
 
11.    Photographs.  

Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines.  We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
 
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the WAVECATION Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements.  The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
 
12.    Copyright Grant.
 
By accepting these Terms, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of the Wavecation Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means.  This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material.  We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of the Wavecation Group against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
 
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

13.    Refund Requests and Termination or Transfer of Listings
 
Refund Requests: All listings are sold to run the full term that is chosen by the member. We do not provide refunds. 
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.  

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the vacation rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s subscription(s) without notice to the member and without refund.  We assume no duty to investigate complaints.  Finally, if any member is abusive or offensive to any employee or representative of the Wavecation Group, we reserve the right to terminate such member’s subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.

 

 

Privacy Policy 

We are serious about protecting the privacy of our users.  This Privacy Policy describes how we use and protect your personal data. 

The terms “users” or “you” as used in this Privacy Policy, refer to both travelers, who use the Site to look for properties to rent, and members who join the Site and list their properties for rent.

We use information collected about you as explained in this Privacy Policy. The Site may contain links to third party websites. We are not responsible for the privacy practices or the content of those websites. Therefore, please read carefully any privacy policies on those websites before either agreeing to their terms or using those websites. 

Who processes your personal data, and where?

Your personal data (also referred to as personal information) - that is, data that identifies you, or from which you are identifiable - will be collected, processed, stored and used by us, and passed to and processed by companies in the Wavecation group and other data processors acting under contract with us. Wavecation is a global business.  As a result personal data contributed by or collected from users may be stored and processed in the United States or any other country in which we, members of the Wavecation group or our agents maintain facilities.  By using our Site, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it (“your country”), and that you consent to any transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country. However, if we transfer your personal data outside of your country in this way, we will take steps to try to ensure that your privacy rights are protected in compliance with applicable data protection law and this Privacy Policy.

The information we gather

At various times you may give your personal data to us. For example, in order to process a request or inquiry from you, we may need to know all or some of the following: your full name, address, telephone number, e-mail address, and, in the case of a member's listing, a method of payment. You may also give personal data to us at other times, such as when registering on the Site or when creating an advert or listing for a property.  We may also gather information from cookies or web beacons.  You can find out more about how cookies or web beacons operate in the relevant section of this Policy below.  We also collect IP addresses, mobile device identifier details, your location, navigation and click-stream data, the time of accessing the Site, homes you viewed, what you searched for, the duration of your visit, and other  details of your activity on the Site.

How we use your personal data

Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site.  You agree that we may use your personal data for the following purposes:
•    For the services or support you request;
•    To contact you from time to time with user or service updates;
•    To send other messages that help us provide our services on the Site;
•    To assist people you have done business with.  For example if you are an owner and a traveler who has booked or inquired with you needs your details we may pass them on; if you are a traveler and an owner you have booked or inquired with needs to contact you we may give them your details;
•    To customize, measure and improve our services, content and advertising;
•    To promote services related to the Site or those of the Wavecation group and/or our affiliates including services related to travel insurance or damage protection products ;
•    To compare information for accuracy, and verify it with third parties;
•    To prevent, investigate or prosecute activity we determine to be potentially illegal, unlawful or harmful and
•    To enforce our Privacy Policy and/or our Terms or for any other purpose referenced herein or therein.

We collate statistics about Site traffic, sales and other commercial information which we pass onto third parties to assist us in improving the services we provide to you. 

If you are a member, we will also be able to contact you about your account and your use of our services.

How We May Disclose Your Personal Data

We may disclose your personal data to enforce our policies, or where we are permitted to do so by applicable law, such as in response to a request by a law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights.

We may also share your personal data with:
•    One of our partners or affiliates if you've requested their services or if you’ve requested to be provided with information by them;
•    A third party performing services on our behalf;
•    Other companies or business entities, for example if we are thinking of a merger with or sale to that  company or business entity;
•    Other companies we work with to feature all or part of our members’ property listings or otherwise provide promotional or other services related to our or Wavecation group’s business.  This might include featuring your listings and photographs on other websites; and
•    Any third party you have asked us to share your personal data with – such as Facebook if you have asked us to connect with your Facebook account.

In the unlikely event that we or Wavecation LLC or any part of the Wavecation group is sold, or some of its assets transferred to a third party, your personal information, as a valuable asset, may also be transferred.  However, use of your personal information will remain subject to this Privacy Policy, unless you agree otherwise.  Similarly, your personal information may be passed on to a successor in interest in the event of a liquidation or administration.

How Do We Protect Your Personal Information Once We Have It?

We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:
•    To protect against unauthorized access to your use of the Site;

•    To ensure no-one else uses the Site while  your machine is "logged on" to the Site service (including by logging on to your machine through a mobile, Wi-Fi or shared access connection your are using);

•    To log off or exit from the Site when not using it;

•    Where relevant, to keep your password or other access information secret.  Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network;

•    To not share your log-in credentials with third parties promoting products, websites and applications that request the credentials for the purpose of building a listing or profile for you on such third party products, websites or applications using information from your Wavecation listing; and

•    To maintain good internet security.  For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts. You should keep all of your account details secure.  If you think that any of your accounts have been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us.  You should also tell us about any potential compromise so that we can help you keep your account secure.
If you have asked us to share data with third party sites (a site not operated by Wavecation), we cannot guarantee that their servers will be secure.  Credit card information is generally stored by our credit card processing partners and we ask them to keep that data secure.  We also use third parties to help us optimize our Site flow, content and advertising (see below). 
 
What are Cookies, Web Beacons and Clear GIFs and Why Do We Use Them?

A "cookie" is a small file placed on your hard drive by some of our web pages.   We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and security.   Cookies are commonly used on most major transactional websites in much the same way we use them here at our Site.

Even if you are only browsing the Site, certain information (including computer and connection information, browser type and version, operating system and platform details, the time of accessing the Site) is automatically collected about you. This information will be collected every time you access the Site and it will be used for the purposes outlined in this Privacy Policy.

 An easy way of reducing the information cookies collect from your device is often to change the settings in your browser.  If you do that you should know that (a) your use of the Site may be adversely affected (and possibly entirely prevented), (b) your experience of this and other sites that use cookies to enhance or personalize your experience may be adversely affected, and (c) you may not be presented with advertising that reflects the way that you use our and other sites.  

We gather and share information concerning the use of the Site by members and travelers with one or more third-party tracking companies for the purpose of reporting statistics. To do this, some of the pages you visit on our Site use electronic images placed in the web page code, called pixel tags (also called "clear GIFs" or "Web Beacons") that can serve many of the same purposes as cookies.

Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. Our third-party advertising service providers may also use web beacons to recognize you when you visit the Site and to help determine how you found the Site. If you would like more information about this and to know your choices about not having this information used by these companies, click here: http://networkadvertising.org/consumer/opt_out.asp  

How long will we keep your personal data?

We will retain your personal data only as long as is necessary for the purposes to which you consent under the Terms and Conditions and this Privacy Policy, or as is required by applicable law, and then we will delete it.

 

 

Content Guidelines

Introduction:

·                     We reserve the right to remove any content contributed to this website by members, travelers or any other user of the website (each a “user”) for any reason, in our sole discretion, and, in any event, we may remove content which does not meet the following guidelines.

·                     Traveler reviews, owner responses and any other content submitted by a user are the subjective opinions of the user who posted the content.  They are not our opinions and are not endorsed by us.

·                     We do not have any obligation to investigate the truthfulness or accuracy of property listings, reviews, responses or any other content submitted to this website.

Eligibility Guidelines for Property Reviews - To review a property, the traveler must meet the following requirements:

·                     The traveler reviewing a property must be able to provide evidence of stay at such property, which must be the property displayed on the listing of the property being reviewed.

·                     The traveler must validate his or her identity or email as requested when submitting the review.

·                     A review may be written by any member of the rental party.

·                     Only one member of the rental party for any one stay at a property may write a review.

·                     The traveler must be at least 18 years of age.

·                     An owner may not review his/her own property.

Additional Content Guidelines – No user of this website may contribute any content (including, but not limited to property listings, reviews and responses) which violate the following guidelines:

·                    The content must not infringe anyone’s rights, violate the law or otherwise be inappropriate.  Examples include:

o       Personal information that can be used to identify or contact any person;

o       Promotional content that would promote other websites, businesses, services or products unaffiliated with this website;

o       Obscene, abusive, discriminatory, lewd or illegal content.

·                    All content must be truthful and not misleading.

·                    Users who post content must have all legal rights to post the content.

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