1. Definitions: www.exceptionalvillas.com is an on-linevilla rental service owned and operated by Exceptional Villas Ltd, with its registered address in Kenmare, Co Kerry Ireland hereafter referred to as Exceptional Villas, consisting of information services and content provided by Exceptional Villas, www.exceptionalvillas.com and its subsites as listed, affiliates of Exceptionalvillas.com and other third parties. "Subscriber"or end user means each person who establishes or accesses a connection ("Account") for access to and use of www.exceptionalvillas.com and its sub sites. Exceptional Villas and its websites as listed are interchangeable terms used in this agreement.
2. General: A. This end user agreement gives the terms and conditions that apply to use of www.exceptionalvillas.com and its subsites by Subscriber. By using www.exceptionalvillas.com , Subscriber agrees to comply with all of the terms and conditions hereof. The right to use www.exceptionalvillas.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. Exceptional Villas shall have the right at any time to change or discontinue any aspect or feature of www.exceptionalvillas.com and its subsites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms: Exceptional Villas shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of www.exceptionalvillas.com and its sub-sites or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.exceptionalvillas.com and its subsites, or by electronic or postal service mail, or by any other means by which Subscriber obtains notice thereof. Any use of www.exceptionalvillas.com and its subsites by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Subscriber/End user Conduct:
4.1 Subscriber shall use www.exceptionalvillas.com and its sub-sites for lawful purposes only. Subscriber shall not post or transmit through www.exceptionalvillas.com and its sub-sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Exceptional Villas express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Exceptional Villas discretion restricts or inhibits any other Subscriber from actively using Exceptional Villas’s sites will not be permitted. Subscriber shall not use www.exceptionalvillas.com and its subsites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with www.exceptionalvillas.com and its subsites.
4.2 www.exceptionalvillas.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.exceptionalvillas.com and its subsites are copyrighted as a collective set.coordination, Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of exceptionalvillas.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.3 Subscriber shall not upload, post or otherwise make available on www.exceptionalvillas.com and its subsites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.exceptionalvillas.com and it’s subsites, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Dream World travel Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby gives Exceptional Villas and its employees or agents the right to edit, copy, publish and distribute any material made available on www.exceptionalvillas.com and its subsites by Subscriber.
6. Disclaimer of Warranty; Limitation of Liability:
6.1.1 subscriber expressly agrees that use of www.exceptionalvillas .com is at subscriber's sole risk. Neither Exceptional Villas, its affiliates nor any of their respective employees, agents, third party content providers or licensers warrant that www.exceptionalvillas.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of www.exceptionalvillas.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through www.exceptionalvillas.com.
6.1.2 www.exceptionalvillas.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
6.1.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that exceptionalvillas.com is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber.
6.1.4 In no event will exceptionalvillas.com, or any person or entity involved in creating, producing or distributing www.exceptionalvillas.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use www.exceptionalvillas.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on www.exceptionalvillas.com.
6.1.5 In addition to the terms set forth above neither, exceptionalvillas.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within dwt ltd websites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, Exceptional Villas, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
7. Monitoring: Exceptional Villas shall have the right, but not the obligation, to monitor the content of www.exceptionalvillas.com, to determine compliance with this Agreement and any operating rules established by www.exceptionalvillas.com and to satisfy any law, regulation or authorized government request. Exceptional Villas retains the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.exceptionalvillas.com and its subsites. Without limiting the foregoing www.exceptionalvillas.com shall have the right to remove any material that www.exceptionalvillas.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification: Subscriber agrees to defend, indemnify and hold harmless Exceptional Villas, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of www.exceptionalvillas.com by Subscriber or Subscriber's Account.
9. Termination: Either Exceptional Villas or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Exceptional Villas shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Exceptional Villas, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks: www.exceptionalvillas.com and its logos, images and icons are trademarks of Exceptional Villas All rights reserved. All other trademarks appearing on www.exceptionalvillas.com are the property of their respective owners.
11. Third Party Content: Exceptional Villas is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly www.exceptionalvillas.com has no more editorial control over such content than does a public library, bookstore, or similar. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of www.exceptionalvillas.com, are those of the respective author(s) or distributor(s) and not of Exceptional Villas Neither Exceptional Villas nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through www.exceptionalvillas.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Exceptional Villas. Exceptional Villas neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.exceptionalvillas.com or its subsites by anyone other than authorized employee while acting in their official capacities. Under no circumstances will Exceptional Villas be liable for any loss or damage caused by a Subscriber's reliance on information obtained through www.exceptionalvillas.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through www.exceptionalvillas.com and subsites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous: This Agreement and any operating rules for www.exceptionalvillas.com and its subsites constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the legal system and laws if Republic of Ireland. No waiver by either party of any breach or default here-under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.