These terms and conditions (the "Terms") govern your access to and use of The Vacation Channel's websites and
mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to
these Terms and concluding a legally binding contract with The Vacation Channel ("The Vacation Channel"). Do not
access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses,
browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to The
"Content" means text, images, photos, audio, video, location data, and all other forms of data
or communication. "Your Content" means Content that you submit or transmit to, through, or in
connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages,
and information that you publicly display or displayed in your account profile. "User Content"
means Content that users submit or transmit to, through, or in connection with the Site. "The
Vacation Channel Content" means Content that we create and make available in connection
with the Site. "Third Party Content" means Content that originates from parties other than The
Vacation Channel or its users, which is made available in connection with the Site. "Site Content"
means all of the Content that is made available in connection with the Site, including Your Content,
User Content, Third Party Content, and The Vacation Channel Content.
2. Changes to the Terms of Service
We may modify the Terms from time to time. When changes are made, we will notify you by making the
revised version available on this webpage, and will indicate at the top of this page the date that revisions
were last made. You should revisit these Terms on a regular basis as revised versions will be binding on
you. Any such modification will be effective upon our posting of new Terms. You understand and agree
that your continued access to or use of the Site after any posted modification to the Terms indicates
your acceptance of the modification.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version
governs your relationship with The Vacation Channel, and any inconsistencies among the different versions
will be resolved in favor of the English version.
4. Using the Site
To access or use the Site, you must be 18 years or older and have the requisite power and
authority to enter into these Terms. You may not access or use the Site if you are a competitor of
ours or if we have previously banned you from the Site or closed your account.
2. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the
Site is at your own risk, including the risk that you might be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
3. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without
notice or liability.
1. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn.
You assume all risks associated with Your Content, including anyone's reliance on its quality,
accuracy, or reliability, or any disclosure by you of information in Your Content that makes you
personally identifiable. You represent that you own, or have the necessary permissions to use and
authorize the use of Your Content as described herein. You may not imply that Your Content is in
any way sponsored or endorsed by The Vacation Channel.
You may expose yourself to liability if, for example, Your Content contains material that is false,
intentionally misleading, or defamatory; violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; contains material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law
2. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it,
reformatting it, incorporating it into advertisements and other works, creating derivative works
from it, promoting it, distributing it, and allowing others to do the same in connection with their
own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us
world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content
for any purpose. You also irrevocably grant the users of the Site and any Other Media the right
to access Your Content in connection with their use of the Site and any Other Media. Finally, you
irrevocably waive, and cause to be waived, against The Vacation Channel and its users any claims
and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use,
copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your
We own The Vacation Channel Content, including but not limited to video, visual interfaces,
interactive features, graphics, design, compilation, computer code, products, software, and all
other elements and components of the Site excluding Your Content, User Content and Third
Party Content. We also own the copyrights, trademarks, service marks, trade names, and other
intellectual and proprietary rights throughout the world ("IP Rights") associated with The Vacation
Channel Content and the Site, which are protected by copyright, trade dress, patent, trademark
laws and all other applicable intellectual and proprietary rights and laws. As such, you may not
modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in
any way exploit any of The Vacation Channel Content in whole or in part except as expressly
authorized by us. Except as expressly and unambiguously provided herein, we do not grant you
any express or implied rights, and all rights in and to the Site and The Vacation Channel Content
are retained by us.
The Vacation Channel and its licensees may publicly display advertisements and other information
adjacent to or included with Your Content. You are not entitled to any compensation for such
advertisements. The manner, mode and extent of such advertising are subject to change without
specific notice to you.
5. Content Feeds
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and
Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on
your personal computer, website, or blog ("Your Site"), provided that (i) your display of the Feed
Content links back to the relevant pages on The Vacation Channel's websites, and attributes The
Vacation Channel as the source of the Feed Content, (ii) your use or display of the Feed Content
does not suggest that The Vacation Channel promotes or endorses any third party causes, ideas,
websites, products or services, including Your Site, (iii) you do not redistribute the Feed Content,
and (iv) your use of the Feeds does not overburden The Vacation Channel's systems. The Vacation
Channel reserves all rights in the Feed Content and may terminate the Feeds at any time. Please
select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
User Content does not necessarily reflect the opinion of The Vacation Channel. We reserve the
right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and
without notice to you. For example, we may remove a coupon if we believe it violates our Content
Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we
guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage
you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and
take appropriate action at our sole discretion.
1. You agree not to, and will not assist, encourage, or enable others to use the
1. Violate our Content Guidelines
2. Violate any third party's rights, including any breach of confidence, copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right;
3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
4. Promote a business or other commercial venture or event, or otherwise use the Site for
commercial purposes, except in connection with a Business Account and as expressly
permitted by The Vacation Channel;
5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or
not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search
results or any third party website;
6. Solicit personal information from minors, or submit or transmit pornography; or
7. Violate any applicable law.
2. You also agree not to, and will not assist, encourage, or enable others to:
1. Violate the Terms;
2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content
(other than Your Content), except as expressly authorized by The Vacation Channel;
3. Use any robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve, scrape, or index any portion of the Site or any Site
4. Reverse engineer any portion of the Site;
5. Remove or modify any copyright, trademark or other proprietary rights notice that appears
on any portion of the Site or on any materials printed or copied from the Site;
6. Record, process, or mine information about other users;
7. Access, retrieve or index any portion of the Site for purposes of constructing or populating
a searchable database of business reviews;
8. Reformat or frame any portion of the Site;
9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable
or disproportionately large load on The Vacation Channel's technology infrastructure or
otherwise make excessive traffic demands of the Site;
10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or
networks connected to the Site through hacking, password mining or any other means;
11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan
horses or other items of a destructive nature (collectively, "Viruses");
12. Use any device, software or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
13. Use the Site to violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the
Site or Site Content; or
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related
features of the Site, features that prevent or restrict the use or copying of Site Content, or
features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you
agree not to act contrary to them (even if permissible under applicable law) without providing 30
days' prior written notice to us here, together with any information that we may reasonably require
to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole
7. Guidelines and Policies
1. Content Guidelines
You represent that you have read and understood our Content Guidelines.
information about you to third parties if we have a good faith belief that such a disclosure is
reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply
search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv)
protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use
the Site outside of the United States, you consent to having your personal data transferred to and
processed in the United States.
3. Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
8. The Vacation Channel Deals and The Vacation Channel Advertising
If you purchase a The Vacation Channel Contract, the terms of your purchase will be governed by The
Vacation Channel Contract General Terms. Please review them before you make each purchase since they
may change from time to time. In the event of any conflict between The Vacation Channel Contract General
Terms and these Terms, The Vacation Channel Contract General Terms will prevail.
Similarly, if you create a business owner's account on the Site or purchase advertising from The Vacation
Channel, The Vacation Channel Advertising Terms will apply. In the event of any conflict between The
Vacation Channel Advertising Terms and these Terms, The Vacation Channel Advertising Terms will prevail.
9. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your
Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no
obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something
similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense
10. Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control
or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of
such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site are provided in connection with third parties and
subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify, defend, and hold The Vacation Channel, its parents, subsidiaries, affiliates, any
related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them (collectively, "The Vacation Channel Entities") harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i)
your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased
or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your
account, of any intellectual property or other right of any person or entity. The Vacation Channel reserves
the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of The Vacation Channel. The Vacation Channel will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE VACATION
CHANNEL AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, "THE VACATION
CHANNEL ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY
RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS
2. THE VACATION CHANNEL ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT
3. THE VACATION CHANNEL ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES,
4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION
5. THE VACATION CHANNEL ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR
6. THE VACATION CHANNEL ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL,
AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE
VACATION CHANNEL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY,
ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE
CONTENT. ACCORDINGLY, THE VACATION CHANNEL ENTITIES ARE NOT LIABLE TO YOU
FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE
ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, CONTENT,
TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S
USERS. ACCORDINGLY, THE VACATION CHANNEL ENTITIES ARE NOT LIABLE TO YOU
FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING,
FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU
HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES
THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS
OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY
A REPRESENTATIVE OF ONE OF THE VACATION CHANNEL ENTITIES SHALL CREATE A
REPRESENTATION OR WARRANTY.
WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR
TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE
TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE
VACATION CHANNEL ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii)
LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS
OF INFORMATION OR DATA.
13. Choice of Law and Venue
Virginia law will govern these Terms, as well as any claim, cause of action or dispute that might arise
between you and The Vacation Channel (a "Claim"), without regard to conflict of law provisions. FOR ANY
CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL
AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL
COURTS LOCATED WITHIN HENRICO COUNTY, VIRGINIA.
1. You may terminate the Terms at any time by closing your account, discontinuing your use of the
Site, and providing The Vacation Channel with a notice of termination here. Please review our
2. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you
altogether from the Site for any or no reason, and without notice or liability of any kind. Any such
action could prevent you from accessing your account, the Site, Your Content, Site Content, or any
other related information.
3. In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms will
continue in full force and effect, including our right to use Your Content as detailed in Section 5.
15. General Terms
1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time,
for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the Terms by email, regular
mail or communications through the Site.
3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to
confer rights or remedies upon any third party.
4. The Terms contain the entire agreement between you and us regarding the use of the Site,
and supersede any prior agreement between you and us on such subject matter. The parties
acknowledge that no reliance is placed on any representation made but not expressly contained in
5. Any failure on The Vacation Channel's part to exercise or enforce any right or provision of the
Terms does not constitute a waiver of such right or provision. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further rights
6. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full
force and effect and enforceable.
7. The Terms are not assignable, transferable or sublicensable by you except with The Vacation
Channel's prior written consent, but may be assigned or transferred by us without restriction. Any
assignment attempted to be made in violation of the Terms shall be void.
8. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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