Terms and Conditions

PLEASE READ CAREFULLY THESE TERMS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Family Vacation, Inc. and/or its affiliates (“Spoty”) provides through a Website, an online platform that connects vacation package reservation holders who wish to sell, transfer and assign their reservations to third parties seeking to obtain such vacation package reservations (collectively, the “Services”). You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Website and Application. If you do not agree to these terms, then you have no right to access or use the Website, Application, Services, or collective content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Spoty reserves the right, at its sole discretion, to modify the Website, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms.

By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. Family Vacation, Inc. CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. Family Vacation, Inc. IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS AND ACTIVITIES AND FOOD AND TRANSPORTATION. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE BUYER’S OWN RISK.

1. Introduction

The following agreement describes the terms and conditions applicable to the services available through the Application and the Website. By using the Website at Spoty.com and any other websites through which Family Vacation, Inc. makes the Services available including the use of the Application, you accept these terms of use in full and agree to abide by any applicable posted guidelines for all Family Vacation, Inc. services, which may change from time to time.

2. Privacy

Please review our Privacy Policy, which governs our site as well.

3. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

4. Account Registration

In order to access certain features of the Site, and to sell and/or purchase rights associated with a vacation package reservation, you must register to create an account and become a member.
You can also register to join by logging into your account with certain third party social networking sites (“TSP”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Spoty Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Spoty through the Site, Services or Application; or (ii) allowing Spoty to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Spoty and/or grant Spoty access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Spoty to pay any fees or making Spoty subject to any usage limitations imposed by such third party service providers. By granting Spoty access to any Third Party Accounts, you understand that Spoty will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TSP Content”) so that it is available on and through the Site, Services and Application via your Spoty Account and Spoty Account profile page. Unless otherwise specified in these Terms, all TSP Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Spoty Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Spoty’s access to such Third Party Account is terminated by the third party service provider, then TSP Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Spoty Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Spoty makes no effort to review any TSP Content for any purpose, including but not limited to, for accuracy, legality or non­infringement and Spoty is not responsible for any TSP Content. We will create your Spoty Account and your Spoty Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via a TSP as described above. You may not have more than one (1) active Spoty Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Spoty reserves the right to suspend or terminate your Spoty Account and your access to the Site, Application and Services if you create more than one (1) Spoty Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Spoty Account, whether or not you have authorized such activities or actions. You will immediately notify Spoty of any unauthorized use of your Spoty Account.

5. Copyright notice

All content included on this site, including data, software, information, digital downloads videos, graphs, photographs, music, sounds, images, typefaces, icons, designs, maps, logos, illustrations, written and other material (collectively “Content”), is the property of Spoty or which Spoty has obtained a license of use and protected by law. The compilation of all the Content on the Website or on the Application is our exclusive property and is protected by all state, Federal, international laws and regulations. The Content may not be used in connection with any product or service that is not Spoty’s, in any way that may cause ignorance among customers, or in any manner that ridicules Spoty and its business. Any software used by Spoty is the property of the Website and/or the Application and is protected by law.

6. Service Fees and payment to Seller

In consideration for providing the Services, Spoty collects service fees from Sellers (“Service Fees”). Service Fees are made up a fee that is charged from the Seller based upon a percentage of the amount the Seller received for his sale of the vacation package reservation to the Buyer. Where applicable, Taxes or other money transfer fees may also be charged in addition to the Service Fees. Payment to Seller shall be made after 24 hours following Buyer's check in.

7. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not: 7.1. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; 7.2. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand. You agree to use this site only to make legitimate reservations. 7.3. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; 7.4. Use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; 7.5. Copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; 7.6. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; 7.7. Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial­of­service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; 7.8. Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; 7.9. Use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; 7.10. "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Spoty Buyer or Seller; 7.11. Register for more than one Spoty Account or register for a Spoty Account on behalf of an individual other than yourself; 7.12. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; 7.13. Use automated scripts to collect information or otherwise interact with the Site, Application or Services; 7.14. Submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; 7.15. or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; 7.16. Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; 7.17. Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Spoty’s name, any Spoty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spoty’s express written consent; 7.18. Access, tamper with, or use non­public areas of the Site or Application, Spoty’s computer systems, or the technical delivery systems of Spoty’s providers; 7.19. Attempt to probe, scan, or test the vulnerability of any Spoty system or network or breach any security or authentication measures; 7.20. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Spoty or any of Spoty’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; 7.21. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source­identifying information; 7.22. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

8. Your account

You must sign in to our Site or Application and use the Website or Application with your real name and use real valid method of payments. It is not allowed to use a false name or an invalid method of payment. 8.1. We reserve the right to cancel any reservation or sale of any other transaction that we reasonably believe to have been fraudulently made including, by unauthorized use of a credit or debit card. In addition we reserve the right to retain the right, at our sole discretion, at any time and for any reason, to prevent access to anyone to the Website and to the services Spoty offers. 8.2. You agree to provide correct and true information in connection with your use of the Website and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. 8.3. As a user of the Website, it is your responsibility and duty to keep your account information confidential and by using this site you agree to accept responsibility for all the transactions and activities in your account. To accomplish that, you may want to restrict access to your computer. 8.4. In accordance with the law, we make no warranty or representation with respect to the adequacy of the security measures used for data handling, storage and managing. 8.5. As a user you agree to notify Spoty immediately of any unauthorized use of your account. 8.6. Spoty will not be held liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge and/or permission. 8.7. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

9. Mapping

The use of mapping available on this Website is governed by Google Terms of Use and Google Privacy Policy. Google reserves the right to change the Google Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: Google terms of use and Google Privacy Policy.

10. Third Parties Sites

The Site, Application and Services may contain links to third­party websites or resources. You acknowledge and agree that Spoty is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Spoty of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

11. Intellectual Rights Infringement

If you think that your intellectual right has been infringed, please contact us and provide all necessary information. This procedure is just for notifying us about any infringement. Please provide us with all relevant information such as the copyright interest; a description of the copyrighted work that you think was infringed upon, a description of the infringing material, your information and your contact information and any explanation relevant to your claim. Spoty reserves the right to demand further information from you.

12. Our Use

When posting and/or submitting and/or offering content and/or materials to our site, you grant us a nonexclusive, free, perpetual, irrevocable and sub­licensable right to use, modify, change, publish, reproduce, translate, edit, distribute and present it in any manner and form, technology and media. Spoty reserves the right to use the name you submit with respect to such content and/or materials. We have the right but not the obligation to supervise and change and modify and remove any post and or content and or materials. We take no responsibility and/or liability for any content posted by any user on our site or any third party. When posting and/or submitting and/or offering content and/or materials to our site, you grant us the right to validate in your behalf that you actually own and have under your name (or the name you’ve provided us) the accommodation property, and we have the ability and legitimacy to validate that you are really the owner of the property, and access to web pages, services and other places in order to validate that using your name and details.

13. Product description

We take all necessary measures to provide you with all necessary and relevant information with respect to the vacation packages reservations and any other service Spoty provides. However, Spoty does not warrant that product description or other content of this site is accurate, reliable, current, free of error and full. Your sole remedy may be with the relevant vacation package. In addition, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these vacation packages or the content of their websites. We do not assume any liability and/or responsibility for the content, products and actions for them. You agree that your usage of those websites is at your own risk and you confirm that you have read these Terms of Use and the Privacy Policy carefully.

14. Pricing

Except where noted otherwise, the price displayed with respect to a vacation package reservation represents the full price that a user will be required to pay. The 10% Services Fee charged by Spoty is included in all prices displayed on the website. No extra charges will be required unless mentioned.

15. Disclaimer of Warranties and Limitation of Liability

NEITHER SPOTY NOR ANY OF ITS THIRD PARTY SUPPLIERS AND AFFILIATES MAKE ANY WARRANTY OF ANY KIND REGARDING THEIR SERVICE AND/OR ANY MATERIALS PROVIDED VIA THEIR SERVICE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. Spoty MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR OF THE APPLICATION AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APPLICATION, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT THE USAGE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER SPOTY NOR ANY OF ITS THIRD PARTY SUPPLIERS AND AFFILIATES WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Spoty IS NOT RESPONSIBLE FOR ANY FAILURE CAUSED BY INTERNET AND/OR SERVER FAILURE, FOR ANY TRANSMISSIONS FAILURE OR INTERRUPTION AND ANY OTHER TECHNICAL FAILURE, WHETHER CAUSED BY HUMAN OR TECHNICAL ERROR. CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF THE IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. BY USING THE SITE, APPLICATION OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM Spoty WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS ON THE SITE AND SERVICES REGARDING ANY BOOKINGS MADE BY YOU. NOTHING IN THESE TERMS OF USE WILL EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT YOU HAVE, THAT CANNOT BE EXCLUDED OR LIMITED, WILL NOT BE AFFECTED BY THESE TERMS OF USE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY. BY PROMOTING AND MARKETING VACATION PACKAGES IN DIFFERENT LOCATIONS AROUND THE WORLD, Spoty DOES NOT WARRANT THAT THESE DESTINATIONS ARE SAFE AND RECOMMENDED. Spoty IS NOT LIABLE FOR ANY DAMAGE AND/OR LOSS THAT MAY RESULT FROM TRAVELING TO ANY DESTINATION AROUND THE WORLD AND FOR VISITING AND STAYING AT ANY OF THE VACATION PACKAGES. Spoty RESERVES THE RIGHT TO MODIFY AND EDIT AND CORRECT ANY PRICING, INCLUDING AND WITHOUT LIMITATION, DISPLAY ERRORS, INCORRECT THIRD PARTY SUPPLIER INFORMATION AND CURRENCY CONVERSION MISCALCULATIONS AND TO MODIFY AND/OR CANCEL PENDING RESERVATIONS MADE UNDER INCORRECT PRICE, WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR CHARGED. WHEN A PENDING RESERVATION WAS CORRECTED, YOUR SOLE REMEDY WILL BE TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OWN DISCRETION; YOUR RESERVATION WILL BE CANCELLED WITHOUT PENALTY. Spoty MAKES NO WARRANTIES WITH RESPECT TO THE ABILITY TO CHANGE AND/OR ADD A NAME ON A VACATION PACKAGE RESERVATION AND BY THAT ALLOWING A BUYER, A DIFFERENT USER, TO BUY AND USE A POSTED VACATION PACKAGE RESERVATION. IT IS SELLER RESPONSIBILITY TO MAKE SURE THAT HE CAN SELL HIS RESERVATION TO ANOTHER USER AND THAT HE CAN CHANGE THE NAME ON A VACATION PACKAGE RESERVATION. WHEN ALLOWING A BUYER / POTENTIAL BUYER TO CONTACT SELLER DIRECTLY, THE PARTIES AGREE TO MAKE THE TRANSACTION UNDER THEIR OWN RESPONSIBILITY AND CONSIDERATION AND SPOTY MAKES NO WARRANTIES BUT PROVIDES A PLATFORM FOR THE USERS. SPOTY, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES REPRESENTATIVES, THIRD PARTY SUPPLIERS, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHER INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “PROTECTED PARTIES”), ASSUMES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, UNAUTHORIZED USE, UNAUTHORIZED PERFORMANCE OR NON­ PERFORMANCE, UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, THE FAILURE TO PROVIDE A SERVICE CLAIM, LOSS OF ANY KIND, DAMAGE OF ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED, AMONG OTHER, WITH THE FOLLOWING: 15.1. ANY USE OF PROTECTED PARTIES AND CONTENT; OR 15.2. ANY FAILURE OR DELAY, INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE FOR RESERVATIONS OR ANY OTHER USAGE; OR 15.3. THE PERFORMANCES OR NON­PERFORMANCES BY PROTECTED PARTIES OR ANY OF ITS THIRD PARTY SUPPLIERS OR AFFILIATES IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. FOR THAT MATTER, NON-PERFORMANCES ARE ANY THAT RESULTED, AMONG OTHERS, FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION, LIQUIDATION, SICKNESS, PILFERAGE, LABOR DISPUTES MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL; OR 15.4. THE THIRD PARTY SUPPLIERS PROVIDING TRAVEL, THE USERS WHO ARE POSTING VACATION PACKAGE RESERVATIONS OR OTHER SERVICES ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF ROOMER). PROTECTED PARTIES ARE NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS REPRESENTATION, WARRANTIES, BREACHES OR NEGLIGENCE OR STRICT LIABILITY OR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OF ANY SUCH THIRD PARTIES OR AGENTS OF THIRD PARTY SUPPLIERS. 15.5. PROTECTED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY HOST'S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY HOST'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND INTERNATIONAL LAWS AND REGULATIONS. 15.6. PROTECTED PARTIES SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL. 15.7. PROTECTED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY HOST'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTS OF FITNESS AND SHALL NOT BEAR RESPONSIBILITY FOR ANY MISCONDUCT OF A HOST (INCLUDING FOR TORT). COVERED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY HOST'S FAILURE TO COMPLY WITH THIS AGREEMENT AND/OR THE RELEVANT LAW AND REGULATION. 15.8. PROTECTED PARTIES SHALL NOT BE RESPONSIBLE FOR A SELLER FAILING TO PROVIDE A VACATION PACKAGE RESERVATION POSTED BY SELLER ON THE WEBSITE. PROTECTED PARTIES SHALL NOT BE RESPONSIBLE IN CASE A SELLER SOLD A VACATION PACKAGE RESERVATION TO A USER AND THE HOST EVENTUALLY DID NOT ALLOW THE USER TO UTILIZE THE VACATION PACKAGE RESERVATION. 15.9. IF, FOR ANY REASON, THE COVERED PARTIES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE WEBSITE, USER AGREES THAT THE LIABILITY OF ANY SUCH PARTY SHALL NOT EXCEED THE TOTAL CHARGE TO THE USER BY THE WEBSITE.

16. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use.

17. Buyer's Protection

17.1. Spoty does its best to protect its users. Spoty mediates between Seller and Buyer to secure both sides. Once Buyer buys a reservation we will take the following steps: 17.1.1. In order to pay for the reservation you chose you will be entitled to use both your credit card and your Paypal account. The amount you'll pay will stay with Spoty until a day after the check in day. This is to prevent Sellers from selling the reservation to more than one person. 17.1.2. Spoty will ask Seller to contact the host to change the name on the reservation to Buyer's name or Spoty will make the change by itself. 17.1.3. We will forward you the confirmation email from the host with your name on it. 17.1.4. A day after the check in day, Seller will get the money for the transaction. 17.2. In a case of fraud and in order to refund your money, you shall have to contact us in the 24 hours following the check. After we validate that the vacation package reservation was not authentic we will refund you the money you paid.

18. Seller's Protection

We update Sellers of everything related to Sellers' deals: We update Seller of a possible deal as soon as a potential Buyer shows an interest in one of Seller's deals, we update Seller of price offers and of course if a Buyer paid for the reservation, Seller will be notified as well.

19. Breaches of these Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may: 19.1. Send you one or more formal warnings; 19.2. Temporarily suspend your access to the website; 19.3. Permanently prohibit you from accessing the website; 19.4. Block computers using your IP address from accessing the Website; 19.5. Contact your Internet services provider and request that they block your access to the Website; 19.6. Bring court proceedings against you for breach of contract or otherwise; and/or 19.7. Suspend and/or delete your account with the Website.

20. Miscellaneous

20.1. The headings in this Agreement are inserted only as a matter of convenience, and shall not be taken into consideration in the interpretation of this Agreement. 20.2. This Agreement, including the Privacy Policy and all related parts of this Agreement constitutes the entire understanding and agreement between you and Spoty and covered parties with respect to your usage of the site. It supersedes all oral or written representations or agreements, privileges or understandings, prior versions of this Agreement on the Website or elsewhere. 20.3. We may transfer, sub­contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub­contract or otherwise deal with your rights and/or obligations under these terms of use. 20.4. In the event that any provision of this Agreement is deemed to be void, unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and shall be deemed severable and such determination shall not affect the validity and enforceability of any other remaining provisions. 20.5. These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party. 20.6. This Agreement shall be governed by the laws of the state of New York and the competent courts in New York shall have exclusive jurisdiction in all matters pertaining to this Agreement. It is unauthorized to use the Website in any jurisdiction that does not give effect to all provisions, including this one, of these Terms of Use.

21. Contact us

You are welcome to contact Spoty on any topic. We follow the law and respect the rights of the Website’s users. If you think that our Site has some content that infringes your rights, for any reason, please contact us and we will do our best to take care of your claim as soon as we can.