HomeEscape.com, Inc. (“HomeEscape"), has created the HomeEscape website at www.homeescape.com (the "Website" or the "Site") to assist users in obtaining vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, or otherwise transacting business with our travel suppliers.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.
These Terms govern (i) your use of the Website, (ii) your receipt of and participation in HomeEscape’s services offered through the Website (our “Services”), (iii) your provision of reviews, photographs, videos, comments, text, images and other information in connection with using the Website (“User Content "); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by HomeEscape or its licensors and made available to you through the Website (“HomeEscape Content”). Please read these Terms carefully; they impose legal obligations on you and on HomeEscape, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about HomeEscape and our Services without registering, to participate in the Services we ask that you become a Registered User.
In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms.
The Website is designed to enable Owner Users to post listings for their properties that are available for rent (an “Owner’s Property”), including information related to the location of the Property, the number of occupants that may rent the Property, the availability of the Property, any accommodations and other information and details relevant to each Property (e.g., pet friendly, no smoking, easy access to public transportation) (each, a “Listing”). Renter Users can search the Site to find Listings and reserve rental accommodations with Owner Users (a “Booking”). Owner Users can elect to receive a text message alert when a Renter User has submitted an inquiry or Booking request related to the Owner User’s Property.
HomeEscape does not own or manage, nor can we contract for, any vacation rental property listed on this Site. HomeEscape merely acts as a venue to allow Owner Users who advertise on the Site to offer for rent in a variety of pricing formats, a specific vacation or short term rental Property to potential Renter Users for rent. While we may offer online booking or other tools or services to facilitate booking and to allow Registered Users to communicate with each other and enter into rental agreements or other transactions, we are not a party to any rental or other agreement between Registered Users. Registered Users may upload their own form of rental agreement to the Website – HomeEscape is not responsible for and assumes no obligation to review any such rental agreements. As a result, any part of an actual or potential transaction between a Renter User and Owner User, including the quality, condition, safety or legality of the Properties advertised, the truth or accuracy of the Listings (including the content thereof or any review relating to any Property), the ability or authority of Owner Users to rent a vacation Property or the ability of Renter Users to contract for rental of Properties are solely the responsibility of each Registered User. You acknowledge and agree that (i) HomeEscape is not your contracting or rental agent, nor is HomeEscape an insurer; and (ii) you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a Booking or purchasing a product or service, and that the Site may place additional restrictions on your booking, product or service. HOMEESCAPE HAS NO CONTROL OVER THE CONDUCT OF REGISTERED USERS OF THE SITE AND SERVICES, OR ANY LISTING, BOOKING, OR RENTAL AGREEMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4.2. Protecting Your Password. We may make certain areas of the Website accessible only to users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
6.1. Grant of Rights to Registered Users. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for Your personal purposes/Your Organization's internal business purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the HomeEscape Website to any third party; (ii) modify or make derivative works based upon the HomeEscape Website; or (iii) reverse engineer, reverse compile, or access the HomeEscape Website in order to build a competitive product or service. Owner Users may upload information related to a Property in connection with providing a Listing. You may access and view certain other password-protected areas of the Website for use solely in conjunction with the Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the HomeEscape Website, Content or Services.
6.2. Duration of Rights. You will continue to enjoy Your rights under Section 6.1 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 13 (Monitoring; Revocation or Suspension of Use Privileges).
The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website and the HomeEscape Content, are the proprietary property of HomeEscape and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. HomeEscape and its licensors retain all rights with respect to the Website, Services and the HomeEscape Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website and/or through the Services unless specifically authorized in writing by HomeEscape.
8.1. Grant of Rights to HomeEscape in User Content. By submitting User Content for participation in the Services and use of the HomeEscape Website, uploading files, or otherwise (if such features are available to you), you grant HomeEscape the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. Owner Users may upload information related to a Property in connection with providing a Listing. No compensation will be paid with respect to HomeEscape's use of your User Content under this grant.
8.2. Your Grant of Rights to Other Registered Users For Noncommercial Purposes. By posting User Content, you are also granting to other Registered Users ("User Licensees") a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to access and share via link your User Content, provided that a User Licensee meets and maintains each of the following conditions: (i) the User Content shall not be used for commercial purposes, (ii) no User Content shall be reposted outside of the HomeEscape Website, for example, at a URL that does not include "homeescape" as the top-level domain, and (iii) under no circumstances shall a Registered User exercise these rights with respect to your User Content by modifying or changing the User Content without your express permission. No compensation will be paid with respect to Registered Users’ use of your User Content under this grant.
8.3. Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding Properties, our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
8.4. Rights/Permissions You Must Have in Your Submitted Content; Additional Requirements for User Content. In submitting User Content and posting Listings, you represent and warrant that (i) you have sufficient authority and rights to post such Content, and provide the use rights granted in this Section and that your Listing and any Booking will not infringe upon, violate or otherwise conflict with any third party rights; (ii) by posting the Listing and completing any Bookings for the listed Property, you have not breached and will not be in breach of any agreement you have entered into with any third party; (iii) the Listings you post will be in compliance with all applicable laws; and (iv) and that either (a) no consent by the persons depicted in your User Content is required, or (b) each person depicted in images, videos or identified in text in your User Content (if any), has provided you with consent (“Photo Subject Consent”) to use the User Content as set forth in these Terms.
We ask for you to obtain Photo Subject Consent because (A) as the creator of the User Content, you are better able to identify who the subjects of your Content are, whether Photo Subject Consent is necessary, who needs to provide the Photo Subject Consent, and obtain the requisite Photo Subject Consent; and (B) other business reasons, including without limitation the volume of Content hosted by HomeEscape, make it more feasible for the individual Users to obtain any requisite Photo Subject Consents.
By way of examples and not limitation:
8.6. HomeEscape Assistance with Third Party Claims. To the extent that HomeEscape is made aware of a Third Party Claim, either by you or through a Photo Subject Take Down Request, to assist you in resolving the Third Party Claim, we will take down the User Content in question. However, we cannot assure that such take downs will resolve every dispute. If Third Party Claims are brought against HomeEscape related to your User Content uploaded or posted on the HomeEscape Site by you, you agree to indemnify HomeEscape pursuant to Section 18.
9.1. You must be at least 18 years old to use the Site and participate in the Services. By accessing or using the Site or registering to participate in the Services, you represent and warrant that you are at least 18 years old.
9.2. All Registered Users are responsible for their own compliance with all applicable laws. Without limiting this obligation, Registered Users must only use the Personally Identifiable Information of other Registered Users that is obtained via the Website or otherwise in connection with the Services in compliance with the CAN-SPAM Act and the Telephone Consumer Protection Act.
9.3. We expect our Registered Users to provide accurate information. While we may take steps to verify the identity of our Registered Users, we have no obligation to do so and we assume no obligation to do so.
9.4. Renter Users will be able to complete Bookings for rental of the Properties posted by Owner Users on the Website. Owner Users acknowledge and agree that by posting a Listing on the Website, you are bound by the terms of the Listing and you shall not increase the price of the Listing after receiving a request from a Renter User to complete a Booking.
9.5. HomeEscape is not responsible or liable for obtaining insurance, maintaining the safety, security, cleanliness or other condition of the Property, nor is HomeEscape responsible or liable for verifying the accuracy of any information contained in a Listing. Owner Users acknowledge and agree that the Properties you post in Listings are your sole responsibility and Registered Users are solely responsible for obtaining appropriate their own insurance coverage.
10.1. HomeEscape charges a listing fee to Owners (“Owner Listing Fees”) in consideration for uploading their properties on the HomeEscape platform. More information about when Listing Fees apply and how they are calculated can be found on our Owner Listing Fees page.
10.2. Any applicable Owner Listing Fees (including any applicable Taxes) will be displayed to an Owner prior to publishing a property listing. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the Owner's next subscription renewal, new listing or any other additional or new order of any product or service will govern for such renewal or other order, and Owners will be provided adequate notice of any fee changes before they become effective by HomeEscape. However, if an existing or new Owner subscribes during the early subscription promotional rate of $199.00, such Owner will be grandfathered in with that rate for the duration of Owners membership on the HomeEscape Platform and will not be subject to a price increase at renewals while still a member. Subscribed Owners are also entitled to transfer subscription from one property to another, should they choose to cancel current subscribed listing. In the event that existing promotional rate Owners cancel their membership on HomeEscape's platform, and return at a later date, those Owners will be subject to the current listing fee rate at the time of re-joining HomeEscape.
10.3. Owners are responsible for paying any Owner Listing Fees that is owed to HomeEscape, if a property listing is uploaded and approved on HomeEscape, regardless of if Owner deactivates property after listing approval. Any property that is in default of an Owner Listing Fee payment will be deactivated until listing fees have been paid. Except as otherwise provided on the HomeEscape Platform, Owner Listing Fees are non-refundable. The provision of payments for Owner Listing Fees due and use of our Payment Services are governed by our Payment Terms.
10.4. Our Commitment to Our Subscribed Owners. HomeEscape is in a significant growth phase and you were there from the very beginning and helped us get to the level of success we have achieved in such a short time. As such, we are making a commitment to all our Owners who have subscribed to our annual listing fee.
Each Owner Listing under our annual subscription plan is expected to receive a minimum of six (6) inquiries or reservation requests during the twelve (12) month subscription period. In the event, HomeEscape is unable to deliver on this expectation, HomeEscape will waive the Owner’s annual listing fee for the following year subject to our Terms and Conditions , and upon account review and confirmation by HomeEscape.
The provision of payments for Rents due and use of our Payment Services are governed by our Payment Terms.
12.1. All Owner listings are sold to run a full twelve (12) months. The term starts on the date that the member submits the full or initial payment and expires one year thereafter. For example, for an annual listing term, if the member submits payment for the listing on August 1st, the listing would expire on July 31st of the following year. If you renew your property listing, or if your property listing automatically renews, your listing will remain online for the new annual listing period without refund.
12.2. If you do not turn off auto-renewal and you continue to use our listing service, you re-affirm and authorize us to charge your form of payment at the end of each listing term for an additional term of the same duration as the initial term and at the then-current, non-promotional listing rate for the same product or service.
12.3. If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your form of payment at the renewal of your listing term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. If you wish to change your form of payment to be charged or if your form of payment information otherwise changes, please contact us and we will update your new payment information.
Generally, no refunds are available unless an Owner User cancels subscription within 30 days of enrolling in our listing plan. If you believe you qualify for a refund, you may contact customer support by sending your request to the address listed under “Contact Us” above and include your listing number, and your reason for requesting a refund. We will then determine, in our sole discretion, whether any refund is due. 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 due to sale of your property if it is past the 30-day window of listing enrollment.
Similar to Linked Sites, HomeEscape does not endorse any User Content submitted to the Site by any User, or any review, opinion, recommendation, or advice expressed therein, and HomeEscape expressly disclaims any and all liability in connection with Registered User Content. Due to the nature of User Content, images of third parties may be captured in public settings where it is not feasible for the videographer/photographer to obtain the consent of all subjects depicted in such User Content. Third parties who believe they are harmed by User Content uploaded or posted on the HomeEscape Site (“Photo Subject Requesters”) may contact us (Section 27) and request that the particular User Content be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular User Content in question for HomeEscape to identify the User Content, including (i) the URL(s) at which the User Content is posted, (ii) the user name of the Registered User who posted the User Content, and (iii) the name/title of the User Content, if any. HomeEscape will respond to reasonable Take Down Requests in its sole discretion.
TAKE DOWN OF THE USER CONTENT IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
HomeEscape is not responsible for and is not liable for any Listing, User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release HomeEscape (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
Although we have no – and assume no -- obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE HOMEESCAPE WEBSITE OR SERVICES AT ISSUE.
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Website, or by contacting us in accordance with Section 27 (Contact Us). If we are notified by a user that he/she believes User Content on the Website does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to the person or persons responsible for posting the Content.
The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). For example, Registered HomeEscape has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. HomeEscape does not endorse the content of any Linked Site, nor does HomeEscape warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
HOMEESCAPE DOES NOT PROMISE THAT THE WEBSITE OR SERVICES (INCLUDING PAYMENT SERVICES) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE, PARTICIPATION IN THE SERVICES (INCLUDING PAYMENT SERVICES), OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES (INCLUDING PAYMENT SERVICES) AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE YOU DO SO AT YOUR OWN RISK. HOMEESCAPE DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM HOMEESCAPE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. HOMEESCAPE SHALL IN NO WAY BE LIABLE TO YOU DUE TO ANY DISRUPTION OR UNAVAILABILITY OF THE SERVICES, PAYMENT SERVICES, OR WEBSITE DURING WHICH REGISTERED USERS ARE UNABLE TO ACCESS OR USE THE SERVICES, PAYMENT SERVICES, OR WEBSITE OR ANY FAILURES THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A PAYMENT OR THE SERVICES (INCLUDING PAYMENT SERVICES).
HOMEESCAPE DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HOMEESCAPE WEBSITE, RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
THE ABILITY TO UPLOAD A FORM OF RENTAL AGREEMENT IS FOR CONVENIENCE ONLY, AND DOES NOT REFLECT A REVIEW BY HOMEESCAPE OF THE LEGALITY OR ENFORCEABILITY OF ANY SUCH AGREEMENTS NOR IS IT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. HOMEESCAPE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY RENTAL AGREEMENTS OR YOUR LEGAL RIGHTS AND OBLIGATIONS UNDER SUCH AGREEMENTS, OR THE VALIDITY OR ENFORCEABILITY OF ANY RENTAL AGREEMENT, AND SHALL HAVE NO LIABILITY WITH REGARD TO SAME.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HOMEESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HOMEESCAPE WEBSITE AND RELATED SERVICES AND CONTENT.
You agree to defend, indemnify, and hold HomeEscape and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms. In the event that third parties believe they are harmed by your User Content posted on the Site, and such User Content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image in Content without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold HomeEscape harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. HomeEscape shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
HomeEscape respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Attn: Legal Department
17401 NW 2nd Ave, Suite 4
Miami Gardens, FL 33169
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. HomeEscape reserves the right to assign its rights and obligations under these Terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. HomeEscape’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between HomeEscape and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
While the Website and ability to Book rental Properties is provided for free, HomeEscape may also offer other services via the Website for which we charge a fee. Such services may be subject to a separate agreement and the terms of that agreement will control our provision of and your receipt of such services.
While there are pages describing the Services as accessible worldwide, this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
Effective Date: The effective date of these Terms is Aug 16, 2016.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2017 HomeEscape.com, Inc. All Rights Reserved.
HomeEscape™ is poised for rapid expansion. We will be rolling out new pages and functionality over the coming months, so check back often, and connect with us on your social network.