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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.