LUSH LOCATIONS WEBSITE TERMS AND CONDITIONS
1. Responsibility for accuracy and currency of property information:
Lush Locations makes no representation as to the accuracy or currency of the information contained within the Lush Locations website. The property details content is the sole responsibility of the owner or agent of the property displayed unless an agreement is reached allowing Lush Locations to be given sole responsibility for the rental of such property. Lush Locations are in no way liable for any inaccuracies or misleading statements made in the information provided by the owner or agent of properties on the website.
2. Use of the site:
A condition of your continued use of this site is that you agree not to use this site for any purpose that is unlawful or prohibited by these terms and conditions or by other applicable laws and regulations. Your continued use of the site also signifies that you indemnify Lush Locations from any loss or damage or costs in connection with any breach of these conditions or any other legal obligation by you and your use of, or conduct on the site.
3. Copyright authorities:
The owner represents and warrants that he (a) owns the copyright in the photographic and textual material supplied by him to Lush Locations or that he has given permission for photographs to be taken and the textural material to be supplied by Lush Locations (the Material) or (b) has been authorised by the owner of the copyright in the Material to grant Lush Locations permission to use the Material as contemplated below. The owner grants Lush Locations a perpetual, royalty-free licence to use the Material for promotional purposes (including marketing and public relations material). The owner irrevocably and unconditionally indemnifies Lush Locations immediately on demand against any cost, loss or liability (including legal costs) which Lush Locations may incur by reason of any breach of copyright arising from its use of the Material. The owner understands that it may not reproduce photographic or textual material from any part of the Lush Locations website without permission from the relevant copyright owner.
4. Copyright protection:
Material and software on this site is copyright protected. Other than using it for your own personal use the material may not otherwise be used or copied without the prior written approval of Lush Locations or the body from whom that information was obtained.
5. Website design and layout:
Lush Locations reserves the right to determine the final design layout of the website and how properties are advertised, along with all relevant details, including the right to edit copy, or amend layouts or photographs supplied.
6. Disclaimer of Warranty; Limitation of Liability:
www.lushlocations.com does not warrant that the operation of the website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of www.lushlocations.com or as to the accuracy, reliability or content of any information, service or merchandise provided through www.lushlocations.com. www.lushlocations.com is provided on an ‘as is’ basis without warranties of any kind, either expressed 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. 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, tortuous behaviour, negligence or under any other cause of action. In no event will lushlocations.com or any person or entity involved in creating, producing or distributing www.lushlocations.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.lushlocations.com. Clients and third party users hereby acknowledge that the provisions of this section shall apply to all content on www.lushlocations.com.
In addition to the terms set forth above neither www.lushlocations.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 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 Lush Locations, 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.
In no event shall Lush Locations become liable to the owners or agents of properties advertised for any special, consequential, incidental or indirect damages, including lost profits, however caused, on any theory of liability, including but not limited to product liability.
7. How we use your information and who we share it with:
We reserve the right to use and share information concerning our owners and users, including your Internet Protocol (IP) address, with law enforcement authorities and/or other companies in the same industry as Lush Locations for the purpose of fraud prevention.
In the interest of maintaining a high level of service to potential clients using the site, we require all owners to be available to respond to enquiries by telephone or email if necessary. Should owners or their agents be unavailable for a period of more than 1 week, we ask them to leave an answerphone message to that effect or set up an out of office response on their email account.
Any use, by a person or entity, for any purpose other than the research and subsequent booking of a rental property or the purchasing of property is strictly prohibited. By visiting this site, you are subject to these terms and conditions:
10. Personal use
The site must not be used for any reason other than to view or make legitimate enquiries regarding your interest in particular holiday rental properties, properties for sale or relevant facilities offered on this site.
11. Downloading of information from the Website
As a part of the enquiry process, for your own purposes and not for further distribution, you may download, display, or print any portion of www.lushlocations.com content. You may not modify the Content in any way, and you must reproduce the copyright notice in the form "Copyright © 2007 Lush Locations" as displayed on the relevant page(s) that you might download to your files or print a copy of.
12. Unauthorized use
Unless otherwise provided within these Terms, or unless specific applicable law requires Lush Locations to allow you to do so, you may not do any of the following without the prior written consent of Lush Locations:
Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever.
Reproduce our content on your Website using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Site.
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website.
Reverse engineer any part of this Website.
Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties.
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content.
Use the Website other than to make legitimate enquiries regarding the rental or purchase of a property to Lush Locations.
Use the Website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand.
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Website in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Lush Locations, or infringes on our copyright or the copyright of our owners.
Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of our Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party.
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment, or disguise the origin of the information transmitted through the Website.