DE VOLGENDE ALGEMENE VOORWAARDEN ZIJN GESCHREVEN IN DE ENGELSE TAAL.
VIEWNARY BIEDT TOEGANG TOT HET PLATFORM EN BIJGEVOEGDE DIENSTEN (TOEGANG TOT INFORMATIE OP DE SITE, INTERACTIES OP DE SITE, COMMUNICATIE VIA E-MAIL EN ANDERE DIENSTEN) AAN GEBRUIKERS OOK IN DE NEDERLANDSE TAAL. VIEWNARY WIJST ELKE AANSPRAKELIJKHEID AF VOOR EEN ONJUISTE VERTALING EN / OF INTERPRETATIE VAN DE VOLGENDE VOORWAARDEN IN EEN ANDERE TAAL DAN HET ENGELS.
DOOR U TE REGISTREREN ALS GEBRUIKER OP VIEWNARY, GAAT U ERMEE AKKOORD ONDERWORPEN TE ZIJN AAN DE ALGEMENE VOORWAARDEN DIE HIERONDER IN DE ENGELSE TAAL WORDEN GETOOND.
By signing up and registering an account on Viewnary (“Viewnary”, “us”, “our”, “we”), you agree to be subject to the Terms and Conditions (“Terms”) as stated below.
The Terms are written in the English language. You acknowledge that your understanding of the English language is sufficient in order to understand these Terms and accept these Terms as a registered User.
Viewnary reserves the right to amend the Terms and Conditions anytime to improve its service and offerings.
Viewnary, Inc. (“Viewnary”) is a corporation registered in the United States. The Corporation's business address is 600 N Broad Street, Suite 5 # 590, Middletown, DE 19709, United States.
Viewnary is an online Platform that connects and manages payments and payouts between Hosts who have properties equipped with unique views such as panoramas, scenic landscapes, skylines, and any other unique environment, with Guests seeking to make use of such listings for a specified amount of time, for experiences in the form of Viewings.
1. Key Definitions
Hereby we provide a list of recurring terms that, whenever used in the singular, plural, or capitalized form, have the following meaning.
“User”: a physical person who successfully registers on Viewnary.
“Host”: a User who creates a Listing on Viewnary and manages the Listing.
“Guest”: a User that submits a booking request for a property listed by a Host.
“Platform”: Viewnary site, mobile application, and services.
“Third parties”: companies or persons not related by common ownership or control or other unrelated individuals.
“Collective Content”: means text, graphics, images, music, software, audio, video, information, or other materials.
“Platform Content”: all Content that Viewnary makes available through the Platform, or its related promotional campaigns and official social media channels, including any Content licensed from a third-party, but excluding User Content.
“User Content”: all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing, User profile or Viewnary promotional campaign to be made available through the Platform.
“Superhost”: a distinguished Host that fulfills metrics of excellence, subject to approval by Viewnary.
“Viewing”: the act by which the Guest accesses the Host’s Listing to enjoy and experience the services offered by the Host.
“Listing”: any residential or commercial property listed on Viewnary and managed by a Host.
“Strike”: warning penalty applied to a Host under certain circumstances.
“Booking price”: the price charged by a Host to Guests for a Viewing.
“Service fee”: a fee charged to Guests over the booking price for the use of Viewnary’s services when booking a Viewing.
“Total price”: the total charge paid by a Guest for a Viewing.
"Viewnary fee": a fee charged to Hosts over the booking price for the use of Viewnary’s services.
“Payout”: net amount, paid to the Host through Viewnary’s third-party collection agent (Stripe), after deducting the Viewnary fee.
2. General Terms
2.1. By using the Platform, you agree to comply with and be legally bound by the conditions stated in these Terms, whether or not you become a registered User on Viewnary. Your access and use of the Platform and all Collective Content is governed by these Terms, which constitute a binding legal agreement between you and Viewnary. Violation of these Terms may lead to civil and criminal penalties. If you do not agree with these Terms, you have no right to obtain information from or continue using the Platform, or access its content. If you accept and 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.
Please also carefully read our Privacy Policy.
2.2. If any inconsistency arises between the information stated on the Platform and these Terms, the provisions stated in the Terms shall prevail.
2.3. You understand and agree that Viewnary is not responsible for any agreements made between Hosts and Guests. Viewnary is not a real estate broker, agent, or insurer. Viewnary has no control over the conduct of Hosts, Guests, and other Users of the Platform or any Listings, and disclaims all liability in this regard to the maximum extent permitted by law.
By using the Platform, 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. You agree not to attempt to impose liability on or seek any legal remedy from Viewnary with respect to such actions or omissions.
2.4. If you choose to create a Listing on Viewnary, you understand and agree that your relationship with Viewnary is limited to being a User and an independent, third-party contractor. As a User, you are not an employee, agent, joint-venturer, or partner of Viewnary. Viewnary is not responsible for any obligations or duties associated with your Listings. As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Viewnary, including by inappropriately using any Viewnary intellectual property.
2.5. Viewnary cannot be held liable for the content, conditions, and legality of Listings. Despite Viewnary’s best effort to provide a secure Platform, Users shall make use of the Listings, send and accept booking requests at their own risk.
2.6. Viewnary is not liable for any transfer, exchange, purchase, or sale of personal goods, services, offerings, physical and intellectual property between Users. Viewnary shall not be held liable for any damages or disputes among Users arising from the violation of these Terms.
2.7. Viewnary reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Viewnary, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
2.8. Using the Platform and Collective Content is at your own risk. Conducting checks on Hosts’ and Guests’ identity or criminal records is at our discretion; Viewnary is not liable for and does not warrant that such checks will identify prior misconduct or prevent future misconduct of Users.
3. Amendment of Terms and Conditions
3.1. Viewnary reserves the right, at its sole discretion, to amend the Platform or to modify these Terms at any time and without prior notice. If we amend these Terms, we will either post the modification on the Platform or otherwise provide you with notice of the modification. We will update the "Last Updated" section date at the top of these Terms, to indicate the latest update of the Terms. By continuing to access or use the Platform after we have posted a modification on the Platform, or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If you do not accept the modified Terms, you are entitled to cease using the Platform.
4. Content Use
4.1. Any improper or negligent action aimed at damaging, stealing, modifying without consent Platform Content, Collective Content, intellectual property, and any other intangible assets owned or controlled by Viewnary is prohibited and considered a criminal offense. Viewnary reserves the right to initiate legal claims against offenders to the fullest extent of the law.
4.2. Viewnary has the right, but not the obligation, to access, store, and disclose your Collective Content and User Content if required by law or for Platform operating and improvement purposes. We have no obligation to monitor your access to or use of the Platform or Collective Content or to review or edit any User Content but have the right to do so for the above-mentioned purposes.
5. Account Registration and Platform Use
5.1. Users shall provide true and accurate information upon registration. Viewnary declines any responsibility for confirming the identity of Users and information provided by Users.
5.2. By registering an account on Viewnary you represent and warrant that you are of age eighteen (18) or older.
5.2.1. Persons below the age of eighteen (18), referred to as “minors”, can access the Listing if they are accompanied by Users who are of age eighteen (18) or older. As a User, you can access the Listing with one (1) or more minors if you are a legal guardian or caretaker of the minor(s).
5.3. Registering an account as a User can be done directly through the Viewnary platform or through third-party accounts. Upon registration, Viewnary displays the third-party accounts available for registration.
5.3.1. You may link your Viewnary account with a third-party account by:
i) Providing your third-party account login information to Viewnary;
ii) Granting Viewnary access to your third-party account, under the applicable terms and conditions that govern the use of your third-party account.
5.3.2. You understand that you are entitled to disclose your third-party account login information to Viewnary and/or grant Viewnary access to your third-party account without breaching any of the terms and conditions governing your use of the applicable third-party account and without obligating Viewnary to pay any fees or making Viewnary subject to any usage limitations imposed by such a third-party service provider.
5.3.3. By granting Viewnary access to any third-party accounts, you understand that Viewnary will access, make available, and store (if applicable) any content and information that you have provided to and stored in your third-party account so that it is available on and through the platform via your Viewnary account. If a third-party account becomes unavailable or Viewnary's access to such a third-party account is terminated by the third-party service provider, the content from those third-party accounts will no longer be available on and through Viewnary. Viewnary is not responsible and makes no effort to review any third-party content.
5.3.4. You have the ability to disable the connection between your Viewnary account and your third-party accounts at any time.
5.4. If you register as a Host, you agree to provide proof of identity through an official document issued by a local or national authority, such as a personal ID or passport, that allows Viewnary to conduct necessary verification to ensure your identity.
5.4.1. If you register a registered business as a Host, the said ID must include a true and valid official business name, business address, and business contact phone number. The individual who signs on behalf of the registered business hereby agrees to provide true and valid personal details as required.
5.4.2. ID details (full name, date of birth, picture) are collected for the said identity verification in accordance with privacy laws of the Unites States and the General Data Protection Regulation 2016/679 (GDPR), valid in the European Union. Consult our Privacy Policy for detailed information.
5.5. You may only have one (1) active Viewnary account as a Guest and only one (1) active Viewnary account as a Host.
5.5.1. Viewnary reserves the right to suspend or terminate your Viewnary account and your access to the Platform if you create more than one (1) Viewnary account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
5.6. 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 Viewnary account, whether or not you have authorized such activities or actions. You will immediately notify Viewnary of any unauthorized use of your Viewnary account.
5.7. Viewnary reserves the right, at its sole discretion, to reject requests for an account registration without providing an explanation, should we have reasonable doubts about the User’s authenticity, criminal record, and possible harmful intentions to the Platform and other Users.
5.8. Viewnary may enable features that allow you to authorize other Users or certain third parties to access your Viewnary account. This includes, but is not limited to, enabling Hosts to add other Users as co-Hosts to help manage their Listings. These features do not require that you share your credentials with any other person, and they are not authorized to do so.
6. How the Platform Works
6.1. Viewnary makes available an online Platform for Guests and Hosts to interact online and arrange for bookings of Listings directly with each other for experiences in the form of Viewings. Viewnary is not an owner, operator, and/or provider of properties; Viewnary does not own, sell, resell, furnish, provide, rent, re-rent, manage, and/or control properties.
6.2. If you wish to book a Listing or create a Listing, you must be registered as a User on Viewnary.
6.3. Viewnary does not endorse any User or Listing.
6.3.1. Viewnary may display evaluation metrics for Users or Listings that fulfill performance criteria such as positive track record on the Platform, ratings, and any other metric with the sole purpose of allowing Users to evaluate and make informed decisions about the trustworthiness and willingness to engage with other Users.
6.4. When beyond our control, Viewnary is not responsible for (lack of) access to and functionality of the Platform resulting from Internet and telecommunications disruptions. We may, at our sole discretion, perform maintenance procedures to (parts of) the Platform when deemed necessary. Users will be notified of major changes such as additional features.
7. Listings
7.1. As a Host you agree to:
Provide the exact and valid address of your Listing, access information, access codes, and any other information that facilitates Guests’ access to your property. This information will only be shared with Guests once you accept a booking request;
Offer a realistic, valid, and precise description of your Listing;
Provide images of your Listing that accurately represent the environment;
Exercise your best effort to keep your Listing in a neat, tidy, and adequate state for Guests, in line with the Listing description and images.
7.2. Listings will be made publicly available via the Platform. You understand and agree that the placement or ranking of a Listing in search results may depend on a variety of factors, including, but not limited to, Guest preferences, ratings, and Superhost status.
7.3. As a Host you acknowledge and agree that you alone are responsible for the Listings and User Content you post. Any Listing you post:
i) Must not breach the rights or conflict with agreements you have entered into with any third parties;
ii) Must be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations that may apply to any property included in a Listing you post, including having all required permits, licenses and registrations.
7.4. As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the property during a Viewing at your request or invitation, excluding Guests.
7.5. Viewnary reserves the right, in its sole discretion, at any time and without prior notice, to remove Listings it considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform and its Users. No claims can be brought against Viewnary for the removal of such Listings.
8. Booking Cancellations by Hosts
8.1. The Hosts, not Viewnary, are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Platform.
8.2. Accepting a booking request
After a Guest sends a booking request or an updated booking request, the Host has twenty-four (24) hours to accept or decline the booking request.
If the booking request is not accepted or declined within twenty-four (24) hours after it was sent, it expires.
When a booking request is sent through the Platform, we will share with the Host the name of the Guest sending the request and a link to the Guest's account profile.
8.3. Cancellations leading to a Strike
After accepting a booking request, if there are more than seventy-two (72) hours left before the start of the Viewing, the Host may cancel the booking through his dashboard. A Strike will be imposed on the Host, unless for extraordinary reasons (see sections 8.4, 8.5). Guests will be notified about the cancellation of their booking by Viewnary.
8.4. Extraordinary cancellations
After accepting a booking request, if there are less than seventy-two (72) hours left before the start of the Viewing, the Host may cancel the booking through her/his dashboard by submitting an extraordinary cancellation ticket where the Host explains the urgent reasons that led to canceling the booking (see section 8.4.2.). Guests will be notified about the cancellation of their booking by Viewnary.
After accepting a booking request, if the Host forgets to cancel a booking and the Viewing does not take place due to the Host's absence and/or any reason that lies within the responsibility of the Host, the Host may submit through her/his dashboard an extraordinary cancellation ticket up to seventy-two (72) hours after the originally scheduled termination of the Viewing, where the Host explains the urgent reasons that led to not honoring the booking (see section 8.4.2.).
8.4.1. A Strike is automatically imposed on the Host when a booking is canceled or the Viewing is not honored by the Host but will be waived at our discretion based on the fulfillment of the criteria in section 8.4.3.
8.4.2. The Host must include the following details in the extraordinary cancellation ticket:
i) Description of reasons and motives for submitting an extraordinary cancellation;
ii) Written documentation of proof, if applicable (see section 8.5);
iii) Photographic evidence, if applicable.
Viewnary has five (5) working days from the submission of the extraordinary cancellation ticket to decide whether the Strike on the Host can be waived.
8.4.3. A Strike can be waived under certain exceptional circumstances that require documentation or proof, which are:
i) Death of the Host, co-host, immediate family member, caregiver. A document in the form of a death certificate, obituary, or police report is required;
ii) Unexpected serious illness or injury affecting the Host. The statement from a doctor or medical practitioner is required and must confirm stated illness or injury and be dated after the time in which the booking was accepted;
iii) Government-mandated or judiciary obligations. A copy of an official notice dated after the time in which the booking has been accepted must be provided.
8.4.4. Exceptional circumstances necessitating review by Viewnary without documented proof needed from the Host are:
i) Natural disasters, terrorist activity, and civil/political unrest;
ii) Travel restrictions imposed by a government, law enforcement agency, or military that restrict travel to or from the location of the Listing;
iii) Essential utility outages that affect the Listing location;
iv) Changes to visa or passport requirements that make it impossible to travel to the destination of the Listing, excluding lost or expired travel documents;
v) Any other condition characterized as force majeure and not falling under reasonable control of the Platform and the Users.
8.5. The Host’s account may be temporarily suspended and/or the Listing delisted if the Host incurs several Strikes. The timing of the suspension and/or the delisting is discretionary to Viewnary.
8.5.1. Viewnary determines at its sole discretion when a Host account is activated again and/or the Listing is visible again on the Platform.
9. Booking Cancellations by Guests
9.1. Guests may cancel a booking in the following timeframes:
i) After sending a booking request, if the Guest cancels the booking request before it is reviewed by the Host or before it expires, the Guest will not be charged any amount;
ii) If there are more than forty-eight (48) hours left before the start of the Viewing and the Guest cancels the booking, the Guest will be charged 50% of the booking price plus the Service fee;
iii) If there are less than forty-eight (48) hours left before the start of the Viewing and the Guest cancels the booking, the Guest will be charged the booking price plus the Service fee.
10. Booking Cancellations by Viewnary
10.1. Viewnary may decide, in its sole discretion, to cancel a confirmed booking and issue a refund to Guests for part or all of the amounts charged for a Viewing. This may be for extenuating circumstances, emergencies, or for any reason deemed urgent.
10.2. The refunded amount will be processed and displayed on the Guests' payment card statement within ten (10) from when the refund was issued. Depending on a Guest's payment card company, circumstances in which the refund takes more than ten (10) days to be displayed on the Guest's payment card statement may occur.
10.3. Booking cancellations by Viewnary take precedence over other cancellation policies stated in these Terms.
11. Rules of Conduct
11.1. Hosts and Guests shall observe the following rules of conduct throughout a Viewing:
Show respectable and fair treatment to other persons, making use of appropriate language and conduct;
No use of discriminatory, intimidating, or threatening behavior that causes physical or mental damage to other persons;
Punctuality as agreed by the booking terms;
No theft or intentional damage of other persons’ personal properties or belongings;
No drug consumption and weapon possession;
No performance of any kind of action that is prohibited by property-specific rules, local or national legislation;
Adherence to safety rules of the property and the building unit as per regulation indicated in the property and building unit contract;
No actions or behavior that constitutes sexual offense, explicit sexual actions, misconduct or harassment towards other persons;
No disclosure of personal information and contact details obtained through Viewnary (for the sole purpose of facilitating the access to the property and communication between Users) to/through third parties or to the general public;
No attempt to circumvent the Platform by requesting, making, or accepting booking requests outside of the Platform to aimed at bypassing the Platform for any other purpose.
11.2. Additionally, Hosts shall observe the following rules:
Disclosure of a correct and fair description of the Listing and images of the Listing;
Adherence to property regulations and standards as per local or national law;
Disclosure of factually accurate information about the Listing’s accessibility features (or lack of them), allowing for Guests with disabilities and/or special conditions to assess for themselves whether the Listing is appropriate to their individual needs;
Disclosure of security cameras in the Listing, consistent with applicable local laws and regulations. Security cameras or other recording devices directly managed or owned by Hosts, in or around a Listing, even if not turned on or connected to a power source, shall be disclosed. Security cameras and other recording devices that are in or that observe the interior of certain private spaces, such as bedrooms and bathrooms, are prohibited;
No discriminatory, intimidating or provocative behavior and signage in the form of displays.
11.3. Additionally, Guests shall observe the following rules:
Only the number of Guests approved by the Host can access the Listing;
No access to restricted areas of the Listing;
No use of restricted Host’s personal property;
Adherence to additional rules specified by the Host;
No personal belongings shall be left behind at the Listing;
No use of security cameras or any other recording devices to monitor other persons present in the property without their consent. We encourage you to discuss the use of security cameras and other recording devices through Viewnary chat;
Adherence to any terms, conditions, rules and restrictions associated with a Listing imposed by the Host, for which Viewnary disclaims all liability.
11.4. Viewnary does not warrant that Viewings will occur punctually, free of interruption, in adherence to the rules of conduct and all other rules specified by Hosts or related to the property, and cannot be held liable for any such cases.
12. Claims and Refunds
12.1. As a Guest, log into your Viewnary account and visit the Support Center, where you can review your completed Viewings over the last 72 hours.
You may submit a claim for a Viewing that has been unrealized or partially realized due to difficulties, which include:
1. Non-existent location or Listing;
2. Access not granted to the Listing ;
3. Listing not representative of the description or pictures on the Platform;
4. Breach of the rules of conduct;
5. Unwarranted payment deductions or charges;
6. Other.
If you believe that one or more of these conditions are met, you may submit a claim up to 72 hours after the termination of the Viewing, disclosing:
1. The language in which you wish to submit the claim;
2. Your Booking ID;
3. A description of the difficulties encountered.
The right to submit a claim expires after 72 hours from the termination of the Viewing.
12.2. Viewnary has five (5) working days after the submission of the claim to review it and notify Guests about a proposed solution to overcome the difficulties encountered. Guests have the right to accept or decline the terms included in the proposed solution by Viewnary.
12.3.1. Exceptional circumstances whereby the review of a claim takes longer than five (5) working days may apply. Guests will be notified accordingly.
12.2.1. Viewnary Support Center will reach out to Hosts to mediate a solution, should the Hosts’ actions or behavior be stated by Guests as a cause for an unrealized or partially realized Viewing.
12.3. In the event that Viewnary accepts a claim from the Guest and refunds the Guest for part of or the entire amount of the total price for the Viewing, the refunded amount will be processed and displayed on the Guest's payment card statement within ten (10) after the refund was issued. Depending on the Guest's payment card company, circumstances in which the refund takes more than ten (10) days to be displayed on the Guest's payment card statement may occur.
13. Non-discrimination Policy
13.1. Any action, statement, rule, physical gesture, and visual display that discriminates against Users based on their race, color, ethnicity, actual and perceived disability, national origin, religion, sexual orientation, gender, gender identity, or marital status is prohibited.
13.2. A Host engaging with Guests who are subject to actual and perceived disabilities:
Shall exercise her/his best effort to accommodate the needs of such Guests;
Shall demonstrate the maximum degree of flexibility to accommodate minor or modest requests of changes in the house rules, such as allowing access to assistance animals;
Must allow such Guests to access the property with any support devices that facilitate the Guests’ actions;
Shall communicate with Guests through accessible means that are available including relay operators (for people with hearing impairments) and email (for people with vision impairments using screen readers).
13.2.1. We encourage Guests with actual and perceived disabilities to communicate and arrange specific arrangements with the Host prior to the beginning of a Viewing through Viewnary chat by describing their needs and additional requests that may facilitate the Viewing.
13.3. A Host may deny access to her/his property to Guests whose behavior, actions, and acts are not prohibited by law, but are in clear violation with the property specific rules, additional rules laid out by the Host, or constitute a threat to the safety of other persons.
13.4. Hosts who demonstrate a pattern of rejecting Guests undermine the strength of our community by making potential Guests feel unwelcome. Viewnary may, in its sole discretion, suspend Hosts who have demonstrated such a pattern on the Platform.
13.5. Viewnary will exercise its best effort to provide a Platform without intolerant and discriminatory behavior or acts. Viewnary cannot be held liable for the acts and omissions of Users. Any claims of such type can be brought against other Users and not against Viewnary.
14. Personal Liability
14.1. Viewnary is not liable for any personal violations and infringements of Users and persons present at the property during a Viewing. Users and other persons present at the property are solely responsible and liable for their acts, actions, and omissions.
14.2. Viewnary is not liable for personal harm or damages caused by the exchange and consumption of food and beverages during Viewings. Users that bring their own food and beverages, consume food and beverages offered by Hosts, or use third-party vendors including, but not limited to, catering services, are solely responsible and liable for their consumption.
14.3. It is the sole responsibility of Hosts to ensure they can legally offer food and beverages during Viewings, either themselves or through third-party vendors, as per local rules and regulations. Viewnary is not liable for any illegal infringements on the local rules and regulations with regard to the exchange and consumption of food and beverages during Viewings.
14.4. Viewnary advises to seek law enforcement assistance in the occurrence of the following events:
Inappropriate, aggressive, and potentially threatening behavior that poses a risk to the safety of persons present during a Viewing;
Non-adherence to rules specified by Users and additional property rules which may cause harm to other persons;
An excess number of Guests present at the Host’s property with respect to the number accepted by the Host prior to the beginning of a Viewing;
If Guests refuse to leave a Host’s property at the checkout time of a Viewing, as stated in the booking confirmation.
15. Checkout and Overstaying
15.1. Guests are allowed to stay at the Host’s property only within the designated hours of a Viewing, as stated in the booking confirmation. Guests agree to leave the property no later than the checkout time.
15.1.1. If Guests stay past the agreed-upon designated hours or checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make Guests leave.
15.1.2. Refusal to leave the Listing at the designated time will be treated as an infringement. We consequently urge the Host to contact law enforcement.
15.1.3. Viewnary shall not be held liable for any mutual agreements between Users granting the presence of Guests at a Host’s property past the checkout time.
16. Ratings and Reviews
16.1. Guests may leave a public rating and review of a Listing after a Viewing. Such reviews reflect the opinions of the Guest and do not reflect the opinions of Viewnary.
16.2. Hosts may leave a public rating about Guests based on their conduct throughout a Viewing at their Listings.
16.3. Viewnary may, in its sole discretion, remove ratings and reviews which may be perceived as offensive, discriminatory and by any other means violating the privacy of Users and causing harm to the Platform and its Users. Viewnary may, in its sole discretion, suspend or remove the accounts of Users engaging in such activities.
16.4. Ratings and reviews may be visible to other Users on a particular Listing page.
16.5. We prohibit manipulation of ratings and reviews through any means, such as using a third-party to post such ratings and reviews.
16.6. Viewnary does not guarantee and is not liable for the correctness or accuracy of such ratings and reviews.
17. Damages
17.1. As a Guest, you are responsible for leaving the Listing in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals that are part of the booking confirmation. In the event that a Host claims and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
17.2. As a Guest, you understand and agree that Viewnary may submit a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Listing or any personal or other property located at a Listing. You agree to cooperate with and assist Viewnary in good faith, and to provide Viewnary with such information as may be reasonably requested by Viewnary, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Viewnary may reasonably request.
17.3. If, as a Host, you believe that damages have been caused to your property and/or personal belongings, log into your Viewnary account and visit the Support Center where you can review your completed Viewings over the last 72 hours. You have up to 72 hours after the termination of a Viewing to submit a claim, where you should include the following:
1. The language in which you wish to submit the claim;
2. A description of the claim;
3. Pictures of the damage.
The right to submit a claim expires after 72 hours from the termination of a Viewing.
17.3.1. Viewnary has five (5) working days after the submission of a claim to review it and notify Hosts about a proposed solution to overcome the difficulties encountered.
17.3.2. Exceptional circumstances whereby the review of a claim takes longer than five (5) days may apply. Hosts will be notified accordingly.
17.4. Both Guests and Hosts agree to cooperate with each other, assist Viewnary in good faith, and offer to mediate a solution for the problems encountered.
17.5. Viewnary cannot be held liable for costs related to repairs and replacements for damages caused by Guests. Viewnary will exercise its best effort to make sure that such costs are covered by Guests liable for causing damages.
18. Fraud and Fraud Prevention
18.1. Viewnary will exercise its best effort to detect and prevent fraudulent behavior by Users.
18.2. Hosts are ultimately responsible for verifying the identity of Guests that book their Listing.
18.3. If, as a Host, you receive the payment for a Viewing from a fraudulent Guest, Viewnary reserves the right to collect the applicable payment from the Host once payout has been issued.
18.3.1. If, as a Host, you refuse to return the applicable payment from a fraudulent Guest to Viewnary, we may pursue legal proceedings to collect the payment. You shall also reimburse Viewnary for all costs incurred in collecting the applicable payment.
19. Payments and Payouts
19.1. The Service fee is a ten percent (10%) fee charged to Guests over the booking price for the use of Viewnary’s services when booking a Viewing.
19.2. Stripe will collect the total price from Guests for a Viewing on behalf of Viewnary.
19.2.1. The total price, which includes the booking price and the Service fee, will be displayed to Guests before sending a booking request to the Host. By sending a booking request, Guests accept to be charged the total price. Guests may incur cancellation fees and charges as stated in these Terms, if they cancel booking requests and/or bookings.
19.2.2. When a booking request has been accepted by the Host, Guests receive a confirmation email summarizing the price breakdown of the booking. Guests receive a booking summary with the price breakdown of the Viewing via email after the termination of the Viewing or when they cancel a booking.
19.3. Hosts will receive a payout for a Viewing equal to the booking price paid by the Guest minus the Viewnary fee. The Viewnary fee will be deducted from the payout to Hosts by Viewnary. If a booking is canceled by Guests according to the provisions stated in these Terms, Hosts will receive a partial amount of the booking price minus the Viewnary fee, as per the provisions stated in these Terms. Hosts may not receive any payout if they cancel a booking, as stated in these Terms. Hosts will receive an email with a booking summary, including the price breakdown and their payout, after the termination of a Viewing or when Guests cancel a booking.
19.3.1. Hosts hereby appoint Stripe as the Hosts’ limited payment collection agent for the purpose of accepting payments from Guests. Payments carried out by Guests through Stripe shall be considered as a payment made directly to the Host.
19.3.2. Hosts will receive the Payout for a booking within seven (7) days after the termination of a Viewing. Exceptional circumstances may apply, for which Viewnary shall not be held liable.
19.3.3. Viewnary maintains the right to withhold payouts to a Host for a period longer than seven (7) days if:
i) A Viewing has been canceled by the Host or has not been carried out for any other reason that lies within the responsibility of the Host;
ii) A payment from a Guest has potentially originated from a fraudulent payment method. In such cases, payouts may be withheld up to 90 days after the termination of the Viewing.
19.3.4. For more information, please visit stripe.com.
19.4. The Viewnary fee is a fifteen percent (15%) fee charged to Hosts over the booking price for a Viewing.
20. Taxes
20.1. As a Host, you are solely responsible for determining your applicable taxes, tax obligations, indirect tax requirements, and any other tax charges such as Sales Tax and Value Added Tax (VAT) according to your applicable legislation and applicable tax reporting requirements for the payouts issued by Stripe.
20.2. Viewnary cannot and does not engage in tax-related services or advice to any Users. No claim can be brought against Viewnary by Users for improper management of their tax obligations.
21. Insurance
21.1. The insurance coverage offered by Viewnary is supplemental, which means that Hosts and Guests should ensure that they have their own insurance policies prior to using Viewnary. Hosts and Guests are solely responsible for ensuring that their insurance covers any losses or damages incurred during a Viewing. Viewnary is not liable for any loss resulting from insufficient insurance coverage.
21.2. If, as a Host, you believe that damages have been caused to your property and/or personal belongings, log into your Viewnary account and visit the Support Center where you can review your completed Viewings over the last 72 hours. The right to submit a claim expires after 72 hours from the termination of a Viewing. For more information on what you need to submit in order to file a claim of this nature, please refer to section 17.3..
21.3. Viewnary cannot be held liable for costs related to repairs and replacements for damages caused by Guests. We are dedicated to providing our Hosts the safest hosting experience possible, and will exercise our best effort to make sure that such costs are covered by Guests liable for causing damages.
21.4. If a Host accepts a booking for filming or recording purposes, Guests are solely responsible for ensuring that all necessary permits and other legally-required documents are obtained for such filming purposes at the Listing. Viewnary is not liable for any lack of valid and required permits and documentation.
21.5. Viewnary does not engage in any recommendations of insurance policies and/or products.
22. Privacy
22.1. Our Privacy Policy is available for your reference. By accepting these terms you acknowledge that you have reviewed and accept our Privacy Policy.
23. Intellectual Property Ownership and Rights Notices
23.1. Copyright laws of the United States and the European Union, amongst others, protect the Platform and its Collective Content. Viewnary and its licensors are the sole owners of the Platform, Collective Content, and other associated intellectual property rights. Removal, alteration, or the act of obscuring any copyright or other proprietary rights related to the Platform and Collective Content is strictly prohibited. All trademarks, trade names, logos, service marks, and other proprietary rights used and connected to the Platform and Viewnary Content are registered trademarks in the United States and abroad. The said trademarks, trade names, logos, service marks, and other proprietary rights are only used for identification and may be the property of their respective owners.
24. User Content
24.1. Viewnary, in its sole discretion, allows Users to post, upload, publish, submit, and transmit User Content. Users understand and agree that any User Content on the Platform or promotional campaigns is permitted a protected license to, including but not limited to, sublicense, use, distribute, and publicly display User Content to promote the Platform. User Content is not claimed under ownership rights and our Terms do not disallow any rights you have to use such User Content.
24.2. Any User Content you provide to the Platform or Viewnary promotional campaigns is attributable to you and is your sole responsibility. You also acknowledge and agree that you are the sole owner of all your available User Content on the Platform or through Viewnary promotional campaigns, or have all the rights and legal methods to provide Viewnary those rights regarding User Content.
24.3. The User Content itself and the distribution of that User Content through the Platform or Viewnary promotional campaigns must not infringe on a third party's intellectual property rights or other proprietary rights, and must not violate any other applicable laws and regulations. This extends to Viewnary’s use of such User Content.
25. Viewnary Content and User Content License
25.1. Viewnary offers you, under these Terms, a limited, non-exclusive, and non-transferable license to access and view the following:
i) Any Viewnary Content for your own personal and non-commercial use;
ii) Any User Content that you are allowed to at our discretion, for your own personal and non-commercial use. It is strictly prohibited to sublicense this license.
25.2. You cannot, amongst others: use, copy, sell or perform any similar actions that compromise or exploit the Platform or Collective Content, except as allowed by the Terms. Similarly, Viewnary does not grant you licenses or rights except as permitted by these Terms.
26. Links and Resources From Third-party Service Providers
26.1. Viewnary is not responsible or liable for the availability or validity of links to third-party websites or resources. Viewnary is not responsible or liable for the content and products/services placed on those third-party websites or resources.
26.2. The availability of such links to third-party websites and resources does not constitute an endorsement by Viewnary. This includes the content and products/services placed on those third-party websites or resources.
27. Copyright Policy
27.1. It is strictly forbidden to violate the rights of copyright holders. The accounts of any Users who are found to do so will be terminated at our own discretion.
28. Term, Termination, Other Penalties
28.1. You understand and acknowledge that these Terms are applicable and binding for the duration of your use of the Platform.
28.2. You may terminate your Viewnary account and terminate this Agreement anytime you wish.
28.2.1. If you terminate your account as a Host, any accepted bookings will be automatically canceled and you will not receive a payout for the upcoming booking(s).
28.2.2. If you terminate your account as a Guest, you will be charged the total price for any upcoming bookings.
28.3. This Agreement may be terminated by Viewnary at our sole discretion, and you will be notified 30 days before termination.
28.4. This Agreement may be terminated without notice if:
i) Any material breaches of these Terms and policies have been made by you;
ii) You have provided false, inaccurate, or incomplete information when registering your Viewnary account, creating a Listing, or any other process requiring such information;
iii) You have violated any aforementioned applicable laws, regulations, or third-party rights;
iv) We believe your activity on or through the Platform harms other Users’ safety or property, Viewnary, or third parties.
28.5. We may take other measures such as, but not limited to, suspending your account, removing a Listing, or canceling a booking if:
i) Any material or non-material breaches of these Terms and policies are committed, or other Users file complaints that we deem punishable;
ii) We believe your activity on or through the Platform harms other Users’ safety or property, Viewnary, or third parties.
28.5.1. We may give you notice and grant an opportunity to resolve such action if the breach is non-material or deemed rectifiable.
28.6. If any such measures are taken, we may:
i) Inform Guests or Hosts of a cancellation of any booking request or booking;
ii) Refund Guests for all bookings, regardless of the applicable cancellation policy;
iii) Exclude you from any refund or other compensation for canceled bookings.
28.7. You understand and agree that, if you or we terminate this Agreement, Viewnary has no obligation to return or delete any content of yours. We are not obliged to restore your Viewnary account or its content, should this Agreement be terminated. You may not register a new Viewnary account or utilize other Viewnary accounts for use of the Platform, should your account access be limited, suspended, or this Agreement terminated by us.
28.8. These Terms will remain valid if you or we terminate this Agreement.
29. Disclaimers and Limitation of Liability
29.1. Viewnary disclaims the warranty of any kind regarding the provision of the Platform and collective content, including the quality or availability of Listings, Hosts, and Guests.
29.2. We disclaim warranties relating to, amongst others, merchantability, non-infringement, and trade, and are not liable for breaches of the same.
29.3. Viewnary disclaims warranty regarding the reliability, validity, or accuracy of Collective Content provided through the Platform.
29.4. Viewnary disclaims warranty for any written or oral information or advice provided by us or through the Platform, and is not liable for the implications of such information or advice.
29.5. You understand and agree that it is your sole responsibility to take necessary precautions when interacting, communicating, or visiting Users, either through or because of the Platform or otherwise. Viewnary is not liable for any act or omissions of any Host, Guest, or third-party.
29.6. To the maximum extent of the law, you are responsible for your access and use of the Platform and Collective Content. Viewnary disclaims all liability relating to your access and use of the Platform and Collective Content.
29.7. Viewnary and other parties involved with the creation and provision of the Platform are not liable for any damages whatsoever. This applies to all such damages resulting from or in connection to these Terms, regardless of whether based on warranty, contract, or other legal theory, or whether Viewnary was informed of such damages and laid out any solution in these Terms that could rectify those damages.
29.8. Viewnary reserves the right, in its sole discretion, to invoke class action waivers, should such class action lawsuits be filed against us by any party.
30. Transfer of Rights
30.1. It is forbidden to assign or transfer these Terms without Viewnary’s written consent, whether through legal means or not. Without this written consent, any assignment or transfer of the Terms by you will be void. We may, at our sole discretion, assign or transfer these Terms. You thus understand and agree that these Terms are binding and apply to all assigned parties, present, and future.
31. Disputes
31.1. This Agreement shall be governed by the laws of the United States. The courts of the State of Delaware shall have jurisdiction to adjudicate any disputes that may arise from or in connection with the Agreement.
31.2. In case one or more of the above-mentioned sections are or become invalid, all other sections will remain valid.
32. General
32.1. A waiver for any section of these Terms is valid only if (an appointed representative of) Viewnary provides written and signed approval. If, for any reason, Viewnary does not enforce any section of these Terms, it does not mean that it is a waiver of future enforcement of that section.
32.2. Exercising any remedies under these Terms shall be done without compromising other remedies under these Terms or otherwise unless alternatively stated under these Terms. If an arbitrator or court of law deems any (part of a) section to be unenforceable or void, that section will still be enforced to the fullest extent lawfully possible, and all other sections will remain in effect.
33. Feedback
33.1. Viewnary highly appreciates any feedback or suggestions you may have regarding our Platform. Please do not hesitate to share your feedback by contacting us at info@viewnary.com. Completing the surveys we may send you are highly valuable for the Platform and your enjoyment of it.
33.2. You understand and agree that Viewnary has sole and exclusive ownership of any feedback you provide, and hence irrevocably assign such ownership to us. This includes your right, title, and interest in such feedback, as well as all copyright, worldwide patent, trade secret, and rights relating to intellectual property, proprietary information, and morality. You also understand and agree to assign Viewnary your right to waive such moral rights.
33.3. You understand and agree that you must, at our request and expense, undertake any actions to help Viewnary obtain and maintain its intellectual property rights and other legal protections for such feedback.
34. Language
34.1. The Terms are written in the English language. You acknowledge that your knowledge of the English language is sufficient in order to understand these Terms and accept these Terms as a registered User.
34.2. Viewnary is not liable for any incorrect or improper translation of these Terms into another language, which leads to a different meaning or interpretation of the provisions included in the Terms. These Terms, written in English, shall take precedence.
35. Entire Agreement
35.1. These Terms represent the entirety of the Agreement between Viewnary and you as it relates to your use of the Platform, Collective Content, and consequent posting or booking of Listings. Payment services are excluded in this regard, and we may add additional policies or terms to your use of the Platform and Collective Content. These Terms supersede and replace all prior oral or written agreements between Viewnary and you as it relates to your use of the Platform, Collective Content, and consequent posting or booking of Listings; payment services are excluded in this regard.