Terms of Service; Didn't Read

“I have read and agree to the Terms” is the biggest lie on the web. We aim to fix that.

Welcome to our edit tool

Using this online tool, you can help to update the content of the ToS;DR website. Below are the most recent changes people made. Above, you see the menu bar, where you can for instance navigate to the list of services, or to the points search page.

How it works

A service is a website or online application, for instance YouTube. A case is an individual remark that can form part of the review of a service, for instance "you need to be 13 years old to use this service". A point links a case to a service, for instance "you need to be 13 years old to use YouTube". A topic is a search tag for cases.

To review a service's terms and conditions, first make sure the service is listed, and add it if not. Then read the actual terms and policies you have to agree to to use this service, and make a note about anything that you find remarkable. Find the existing case for each of these review remarks, or create it if necessary, and create a point to add that case as a remark in the review of the service. Use the checklist to see if you forgot to review any aspects.

Then you need to wait for a curator to approve your changes, after which your review will show up on https://tosdr.org, will be picked up by the ToS;DR browser extensions, and included in DuckDuckGo's Privacy Grade, for which our API is one of several input factors. For services whose terms and policies are tracked by ToSBack, you can try out our experimental annotate view.

This tool is still very much under construction, and has bugs. Please open a github issue for anything you think should be improved.

Examples (see all):

pagebin

  • Pagebin.com Terms of Service
N/A

billionsinchange

  • please rate
N/A

feedly

  • Feedly
N/A

Recent changes:

Carlos244: 18/07/18 - 11:13
--- id: - - 618 name: - - Genius url: - - genius.com created_at: - - &1 2018-07-18 11:13:11.588559305 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/Genius_(website)
Michael: 18/07/18 - 08:27
created
--- id: - - 4409 user_id: - - 568 title: - - This service assumes no responsibility and liability for the contents of links to other websites source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - 'Under the healines "LINKS" the ToS say: "The Service, or relevant third parties, may provide links to other websites or resources. Because Discogs has no control over such sites and resources, You acknowledge and agree that Discogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Discogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource."' created_at: - - &1 2018-07-18 08:27:37.339486927 Z updated_at: - - *1 service_id: - - 603 case_id: - - 235
Michael: 18/07/18 - 03:12
created
--- id: - - 4408 user_id: - - 568 title: - - Discogs is only available for use individually and non-commercially, except with written consent source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "Under \"LICENSE AND SITE ACCESS\", the ToS state:\r\n\r\n\"Discogs grants You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Discogs. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or \r\nsimilar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Discogs.\"\r\n\r\n- the site or its contents may not be used for any commercial purpose" created_at: - - &1 2018-07-18 03:12:19.535370872 Z updated_at: - - *1 service_id: - - 603 case_id: - - 143
Michael: 18/07/18 - 02:48
created
--- id: - - 4407 user_id: - - 568 title: - - Discogs can delete specific content without prior notice and without a reason source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "Under \"TERMINATION\" the ToS state: \"You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Discogs may immediately deactivate or delete Your Discogs account and any or all related information and files. Discogs reserves the right to bar any further access to such files or the Service.\"\r\n\r\n- Discogs is allowed to delete any and all of your content (information and files) with deletion of your account without prior notice" created_at: - - &1 2018-07-18 02:48:54.679680886 Z updated_at: - - *1 service_id: - - 603 case_id: - - 202
Michael: 18/07/18 - 02:35
created
--- id: - - 4406 user_id: - - 568 title: - - Discogs can delete your account without prior notice and without a reason source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "Under \"TERMINATION\" Discogs' ToS state:\r\n\r\n\"You agree that Discogs, in its sole discretion, may terminate Your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Discogs finds that You have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Discogs may immediately deactivate or delete Your Discogs account and any or all related information and files. Discogs reserves the right to bar any further access to such files or the Service. You agree that Discogs shall not be liable to You or any third-party for any termination of Your access to the Service. Advanced accounts that are terminated will not be refunded.\r\n\r\nShould You object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.\r\n\r\nUpon termination of the Service, Your right to use the Service immediately ceases. You shall have no right and Discogs will have no obligation thereafter to forward any unread or unsent messages to You or any third party.\"" created_at: - - &1 2018-07-18 02:35:54.103870738 Z updated_at: - - *1 service_id: - - 603 case_id: - - 201
sustmi: 17/07/18 - 20:19
created
--- id: - - 4405 user_id: - - 570 title: - - They may stop providing the service at any time source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - 'The Customer Agreement (EEA) states: "22.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice."' created_at: - - &1 2018-07-17 20:19:53.732768131 Z updated_at: - - *1 service_id: - - 617 case_id: - - 203
sustmi: 17/07/18 - 20:16
created
--- id: - - 4404 user_id: - - 570 title: - - The service can suspend your account for several reasons source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - "The Customer Agreement (EEA) states:\r\n- 22.1 We may suspend, withdraw, discontinue or change all or any part of our Service without notice.\r\n- 25.2 We may at any time suspend or close your TransferWise Account and/or end this Agreement without notice if:\r\n(a) you breach any provision of this Agreement or documents referred to in this Agreement;\r\n(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;\r\n(c) we have reason to believe you are in breach of any applicable law or regulation; or\r\n(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity." created_at: - - &1 2018-07-17 20:16:19.889794890 Z updated_at: - - *1 service_id: - - 617 case_id: - - 205
sustmi: 17/07/18 - 20:03
created
--- id: - - 4403 user_id: - - 570 title: - - You have the right to close your account at any time source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - 'The states: "19.1 You may close your TransferWise Account at any time. You may end this Agreement and close your TransferWise Account at any time by contacting our Customer Support."' created_at: - - &1 2018-07-17 20:03:40.644571918 Z updated_at: - - *1 service_id: - - 617 case_id: - - 170
sustmi: 17/07/18 - 19:52
created
--- id: - - 4402 user_id: - - 570 title: - - When the service wants to change its terms it should notify users at least two months in advance source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - "The Customer Agreement (EEA) states: \"26.1 We may change this Agreement by giving you at least two (2) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.\"\r\n\r\nBut they also preserve a possibility to make changes without notifying users: \"26.2 In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.\"" created_at: - - &1 2018-07-17 19:52:33.521896267 Z updated_at: - - *1 service_id: - - 617 case_id: - - 123
sustmi: 17/07/18 - 19:38
created
--- id: - - 4401 user_id: - - 570 title: - - Users must be 18 years or older in order to open an account source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - 'The Customer Agreement (EEA) states: "6.1 You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a TransferWise Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age."' created_at: - - &1 2018-07-17 19:38:16.153921854 Z updated_at: - - *1 service_id: - - 617 case_id: - - 152
sustmi: 17/07/18 - 19:34
created
--- id: - - 4400 user_id: - - 570 title: - - You are responsible for maintaining the security of your account and for the activities on your account source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - "The Customer Agreement (EEA) states: \"10.2 Contact us if you suspect your TransferWise Account has been compromised. If you suspect your TransferWise Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact Customer Support immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your TransferWise Account and also result in you being responsible for financial losses.\"\r\n\r\nAlso note that the agreement basically forbids of password managers by stating: \"10.1 Keep your TransferWise Account safe\r\n...\r\n(ii) What NOT to do. You must NOT:\r\n(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.\"" created_at: - - &1 2018-07-17 19:34:21.893254129 Z updated_at: - - *1 service_id: - - 617 case_id: - - 148
sustmi: 17/07/18 - 19:23
created
--- id: - - 4399 user_id: - - 570 title: - - There is a loophole to make critical changes to the terms without user involvement source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - "The Customer Agreement (EEA) states: \"26.1 We may change this Agreement by giving you at least two (2) months’ prior written notice.\"\r\n\r\nHowever there is the following statement: \"26.2 In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.\"\r\n\r\nThat keeps a loophole to make any changes without notifying users if they make it related to addition of a new service or extra functionality." created_at: - - &1 2018-07-17 19:23:18.739115217 Z updated_at: - - *1 service_id: - - 617 case_id: - - 120
sustmi: 17/07/18 - 19:13
created
--- id: - - 4398 user_id: - - 570 title: - - you promise to keep all provided information accurate source: - - https://transferwise.com/terms-of-use-eea status: - - draft analysis: - - "The Customer Agreement (EEA) states: \"8.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.\"\r\n\r\nYour account can be suspended or closed without notice if you fail to do so:\r\n\"25.2 We may suspend or close your TransferWise Account without notice in certain circumstances. We may at any time suspend or close your TransferWise Account and/or end this Agreement without notice if:\r\n(a) you breach any provision of this Agreement or documents referred to in this Agreement;\"" created_at: - - &1 2018-07-17 19:13:05.140734131 Z updated_at: - - *1 service_id: - - 617 case_id: - - 165
sustmi: 17/07/18 - 17:42
--- id: - - 617 name: - - TransferWise url: - - transferwise.com created_at: - - &1 2018-07-17 17:42:18.374164371 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/TransferWise
Michael: 17/07/18 - 11:46
created
--- id: - - 4397 user_id: - - 568 title: - - You have the right to leave this service at any time source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "The ToS state under \"USER ACCOUNT, PASSWORD, AND SECURITY\": \r\n\"[...] You may change Your password at any time; You may also set up a new account and close an old one at Your convenience. [...]\"" created_at: - - &1 2018-07-17 11:46:59.507698618 Z updated_at: - - *1 service_id: - - 603 case_id: - - 170
Michael: 17/07/18 - 11:33
created
--- id: - - 4396 user_id: - - 568 title: - - You are responsible for maintaining the security of your account and for the activities on your account source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "The ToS state under the headline \"USER ACCOUNT, PASSWORD, AND SECURITY\": \r\n\"[...] You are entirely responsible for any and all activities which occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account by You or someone You authorize to use Your account. [...]\"" created_at: - - &1 2018-07-17 11:33:18.488350157 Z updated_at: - - *1 service_id: - - 603 case_id: - - 148
Michael: 17/07/18 - 11:19
created
--- id: - - 4395 user_id: - - 568 title: - - You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service source: - - https://support.discogs.com/hc/en-us/articles/360001134454-Discogs-Policies#tos2018 status: - - pending analysis: - - "INDEMNITY\r\n\r\nYou agree to indemnify and hold Discogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another, whether You are a registered user or not. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access." created_at: - - &1 2018-07-17 11:19:43.590720653 Z updated_at: - - *1 service_id: - - 603 case_id: - - 146
someone: 17/07/18 - 10:13
--- text: - "\nTerms of Service <p>Last Updated: November 19, 2013</p>\n<p>Thank you for using Bitcasa! These Terms of Service (the “Terms”) govern your access to and use of the Bitcasa, Inc.\n(“Bitcasa”, “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.\nBy using the Services you agree to be bound by these Terms.\nIf you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.\nIn that case, “you” and “your” will refer to that organization.</p>\n<p>You may use the Services only in compliance with these Terms.\nYou acknowledge and agree that you have the power to form a contract with Bitcasa and are not barred under any applicable laws from doing so.\nThe Services may continue to change over time as we refine and add more features.\nWe may stop, suspend, or modify the Services at any time without prior notice or liability to you.\nWe may also remove any content from our Services at our discretion without prior notice or liability to you.\nCertain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.\nAll such additional terms, guidelines, and rules are incorporated by reference into this Agreement.\nTo the extent you are a subscriber that has entered into an agreement relating to the Services with one of our service partners and there is a direct conflict between that agreement and these Terms, the agreement with our service partner applies.</p> Access to the Service <p>Subject to the terms of this Agreement and your payment of the applicable fees in accordance with Bitcasa’s Pricing and Refund Policy, Bitcasa grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use if you have subscribed to the Services as an individual user under Bitcasa’s free or standard infinite storage plan or (b) your commercial use in accordance with the applicable restrictions outlined in Bitcasa’s then-current pricing list if you have subscribed to the Services as a commercial user.\nIf at any time Bitcasa reasonably believes in its sole discretion that you are using the Service beyond this scope, Bitcasa may terminate your access to the Service with no additional liability to you.\nThe rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.\n(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services.\n(c) you shall not access the Services in order to build a similar or competitive service.\nand (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\nAny future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.</p> Your Digital Belongings &amp.\nYour Privacy <p>By using our Services you may provide us with information, files, and/or folders that you submit to Bitcasa (together, “your digital belongings”).\nYou and/or your suppliers retain full ownership to your digital belongings.\nWe don’t claim any ownership to any of it.\nThese Terms do not grant us any ownership rights to your digital belongings or intellectual property except for the limited rights that are needed to run the Services, as explained below.</p>\n<p>We may need your permission to do things you ask us to do with your digital belongings, for example, hosting your data, or sharing it at your direction.\nThis includes product features visible to you, for example, image thumbnails or document previews.\nIt also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe.\nYou give us the permissions we need to do those things solely to provide the Services.\nThis permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).\nAs such, you grant, and you represent and warrant that you have the right to grant, to Bitcasa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicenseable license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your digital belongings, solely for the purposes of providing you with the Services.</p>\n<p>To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to.\nHow we collect and use your information generally is also explained in our Privacy Policy.</p>\n<p>You are solely responsible for your conduct, the content of your digital belongings and your communications with others while using the Services.\nFor example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms, host your digital belongings on the Service, and transmit your digital belongings to others.</p>\n<p>We may choose, in our sole discretion, to review public content (e.g., comments on our blog) for compliance with our community guidelines, but you acknowledge that Bitcasa has no obligation to monitor any information on the Services.\nWe are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.</p> Sending Your Digital Belongings <p>The Services provide features that allow you to send your digital belongings to others via a link.\nWhen you elect to send digital belongings via a link, please be aware that there are no restrictions on what the recipient will do with the digital belongings you sent.\nThere are many things that other users may do with those digital belongings (for example: view it, download it, copy it, re-send it).\nPlease consider carefully what you choose to send publicly.\nPlease note that if a link you share is posted (by either you or someone you share it with) on a publicly available website, the link may show up in search engines as a part of the “indexing” process that search engines use to identify content and links contained within web pages.\nBitcasa has no responsibility for what a recipient will do with the digital belongings you send to them.</p> Your Responsibilities <p>Digital content may be protected by intellectual property rights of others.\nPlease do not copy, upload, download, or share files unless you have the right to do so.\nYou acknowledge and agree that you, and not Bitcasa, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.\nYou must not upload spyware or any other malicious software to the Service that might harm the Service, any computer network, or other Bitcasa users.</p>\n<p>You acknowledge and agree that you, and not Bitcasa, are solely responsible for maintaining and protecting all of your digital belongings.\nBitcasa will not be liable for any loss or corruption of your digital belongings, or for any costs or expenses associated with backing up or restoring any of your digital belongings.</p>\n<p>If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.</p>\n<p>You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.\nYou acknowledge and agree that you, and not Bitcasa, are solely responsible for any activity using your account, whether or not you specifically authorized that activity.\nYou must immediately notify Bitcasa of any unauthorized use of your account.\nYou acknowledge that if you wish to protect your transmission of data to Bitcasa, it is your responsibility to use a secure connection to communicate with the Services.</p> Software and Updates <p>Some use of our Service requires you to download a client software package (“Software”).\nBitcasa hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purposes of accessing the Services.\nYour license to use the Software is automatically revoked if you violate these Terms.\nWe hereby reserve all rights not expressly granted in these Terms.\nYou must not modify, make derivative works of, reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.\nOur Services may update the Software on your device automatically when a new version is available and you hereby authorize Bitcasa to automatically update the Software on your device.</p> Bitcasa Property and Feedback <p>These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services.\nWhile we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in public parts of our site or Service (e.g.\nour forums) without any obligation to you.\nThe Software and other technology we use to provide the Services are the sole property of Bitcasa and its suppliers and are protected by copyright, trademark, and other laws of both the United States and foreign countries.\nThese Terms do not grant you any rights to use the Bitcasa trademarks, logos, domain names, or other brand features.</p> Acceptable Use <p>You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Bitcasa Acceptable Use Policy.</p> Copyright <p>Bitcasa respects others’ intellectual property and asks that you do too.\nWe will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.\nSuch notices should be reported using our DMCA Process.\nWe reserve the right to delete or disable content alleged to be infringing and have a policy for terminating repeat infringers.\nOur designated agent for notice of alleged copyright infringement on the Services is:</p>\n<p>copyright@bitcasa.com</p>\n<p>Or, mail to:</p> Copyright Agent<br> Bitcasa, Inc.<br> 1200 Park Place Ste 350<br> San Mateo, CA 94403<br> Other Content and Other Users <p>The Services may contain links to third-party websites or resources.\nBitcasa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.\nYou are solely responsible for your use of any such websites or resources.\nAlso, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.</p>\n<p>Your interactions with other Service users are solely between you and such user.\nYou agree that Bitcasa will not be responsible for any loss or damage incurred as the result of any such interactions.\nIf there is a dispute between you and any Service user, we are under no obligation to become involved.\nYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or any third party sites that may be linked to on the Service.\nIF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”</p> Termination <p>Though we’d much rather you stay, you can stop using our Services any time by following the directions on the Services.\nWe reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.\nFor example, we may suspend or terminate your use if we reasonably believe in our sole discretion that you are (a) not complying with these Terms or (b) using the Services in any way that would cause us legal liability or disrupt others’ use of the Services.\nIf we suspend or terminate your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you.\nAll provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, access restrictions, and limitations of liability.</p> Bitcasa is Available “AS-IS” <p>Though we want to provide a great service, there are certain things about the service we can’t promise.\nTHE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK.\nWE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT.\nWE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS.\n(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.\nOR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.</p>\n<p>BITCASA WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE.\nSOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.</p> Indemnity <p>You agree to indemnify and hold Bitcasa (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your digital belongings, (iii) your violation of these Terms.\nor (iv) your violation of applicable laws or regulations.\nBitcasa 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.\nYou agree not to settle any matter without the prior written consent of Bitcasa.\nBitcasa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITCASA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BITCASA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.BITCASA’S (AND OUR SUPPLIERS’) AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OR $20 OR THE AMOUNTS PAID BY YOU TO BITCASA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.\nTHE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\nSOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.</p> Modifications <p>We may revise these Terms in our sole discretion from time to time.\nWhen changes are made, we will make the most current version available on our website and will update the “Last Updated” date above.\nIf a revision, in our sole discretion, is material we will notify you via the email address associated with your account.\nAny changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Service for existing users.\nBy continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.\nIf you do not agree to the new terms, please stop using the Services.</p> Miscellaneous Legal Terms <p>These Terms and the use of the services and software will be governed by California law except for its conflicts of laws principles.\nAll claims arising out of or relating to these Terms or the Services or software must be litigated exclusively in the federal or state courts of Santa Clara county, California, and both parties consent to venue and personal jurisdiction there.\nThese Terms constitute the entire and exclusive agreement between you and Bitcasa with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.\nThese Terms create no third party beneficiary rights.\nBitcasa’s failure to enforce a provision is not a waiver of its right to do so later.\nIf a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.\nYou may not assign any of your rights in these Terms, and any such attempt is void, but Bitcasa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.\nBitcasa and you are not legal partners or agents.\ninstead, our relationship is that of independent contractors.</p> International Terms <p>Choice of Language.\nIt is the express wish of the parties that the Terms and all related documents have been drawn up in English.\nC’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.</p>\n<p>United Kingdom.\nA third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.</p>\n<p>Germany.\nNotwithstanding anything to the contrary in these Terms, Bitcasa is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).</p> \n" - |2 Acceptable Use <p>Bitcasa is proud of the trust you place in us to store your valuable data. In exchange, we trust you to use our services responsibly.</p> <p>Unless you are paying for a commercial account, your Bitcasa account is for non-commercial, personal use only, and use of a single Bitcasa account by any corporation or small business entity is strictly prohibited. If you have a commercial account, you may only use that account in accordance with the limitations associated with your pricing tier.</p> <p>You agree not to misuse the Bitcasa services. For example, you must not, and must not attempt to, use the services to do the following things.</p> <ul> <li>probe, scan, or test the vulnerability of any system or network;</li> <li>breach or otherwise circumvent any security or authentication measures;</li> <li>access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or Bitcasa (or our service providers’) computer systems;</li> <li>interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;</li> <li>disclose your individual account password or share your account credentials with any third party or otherwise allow a third party to access your account;</li> <li>plant malware or otherwise use the Services to distribute malware;</li> <li>attempt or engage in any potentially harmful acts that are directed against the Bitcasa services, including but not limited to violating or attempting to violate any security features of the Bitcasa services (or otherwise take advantage of any defect in the Bitcasa services), using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Bitcasa services or otherwise access or search the Services by any means other than our publicly supported interfaces;</li> <li>attempt or engage in any activity that might overwhelm or place a burden on the Bitcasa services;</li> <li>send unsolicited communications, promotions or advertisements, or spam;</li> <li>send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;</li> <li>publish anything that is fraudulent, misleading, or infringes another's rights;</li> <li>promote or advertise products or services other than your own without appropriate authorization;</li> <li>impersonate or misrepresent your affiliation with any person or entity;</li> <li>abuse Bitcasa referrals to get more credit for referrals than deserved;</li> <li>publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;</li> <li>violate the law in any way, or to violate the intellectual property or privacy rights of others, or to defame others.</li> </ul> name: - Terms of Service - Acceptable Use Policy xpath: - "//div[@id='termsOfService']" - "//div[@id='acceptableUse']" updated_at: - 2018-07-17 10:13:06.845318000 Z - 2018-07-17 10:13:06.886677842 Z
someone: 17/07/18 - 10:13
--- text: - "\nPrivacy Policy <p>This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information.\nUsers can access the Bitcasa service (the “Service”) through our website www.bitcasa.com, applications on Devices, through APIs, and through third-parties.\nA “Device” is any computer used to access the Bitcasa Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.\nThis Privacy Policy governs your access of the Bitcasa Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.\nAll of the different forms of data, content, and information described below are collectively referred to as “information.” </p>\n1.\nThe Information We Collect And Store <p>We may collect and store the following information when running the Bitcasa Service:</p>\n<p>Information You Provide.\nWhen you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses.\nYou may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services.\nWhen you invite others to join Bitcasa by using our referral page, we send them a one-time email for that referral.\nYou may also provide us with your contacts’ email addresses when sharing folders or files with them.\nWe may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Bitcasa to you.</p>\n<p>Files.\nWe collect and store the files you upload, download, or access with the Bitcasa Service (“Files”).\nIf you add a file to your Bitcasa that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.</p>\n<p>Log Data.\nWhen you use the Service, we automatically record information from your Device, its software, and your activity using the Services.\nThis may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.</p>\n<p>Cookies.\nWe also use “cookies” to collect information and improve our Services.\nA cookie is a small data file that we transfer to your Device.\nWe may use “persistent cookies” to save your registration ID and login password for future logins to the Service.\nWe may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all aspects of the Service.</p> 2.\nHow We Use Personal Information <p>Personal Information.\nIn the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”).\nPersonal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.\nIf you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.</p>\n<p>Geo-Location Information.\nSome Devices allow applications to access real-time location-based information (for example, GPS).\nOur mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services.\nSome photos and videos you place in Bitcasa may contain recorded location information.\nWe may use this information to optimize your experience.\nIf you do not wish to share files embedded with your geo-location information with us, please do not upload them.\nIf you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature.\nAlso, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.</p>\n<p>Analytics.\nWe also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information.\nWe use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.\nAs of the date this policy went into effect, we use Google Analytics.\nTo learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.</p> 3.\nInformation Sharing and Disclosure <p>Your Use.\nWe will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account.\nAny information you choose to provide should reflect how much you want others to know about you.\nPlease consider carefully what information you disclose in your profile page and your desired level of anonymity.\nYou can review and revise your profile information at any time.\nWe do not sell your personal information to third parties.\nWe may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below).\nThrough certain features of the Service, you may also have the ability to make some of your information public.\nPublic information may be broadly and quickly disseminated.</p>\n<p>Service Providers, Business Partners and Others.\nWe may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).\nThese third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.\nAs of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files).\nYou can find more information on Amazon's data security from the S3 site.</p>\n<p>Third-Party Applications.\nWe may share your information with a third party application with your consent, for example when you choose to access our Services through such an application.\nWe are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.</p>\n<p>Business Transfers.\nIf we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy.\nWe will also notify you of choices you may have regarding the information.</p>\n<p>Compliance with Laws and Safety.\nWe may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Bitcasa our agents, customers, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the personal safety of its customers or any person.</p>\n<p>Non-private or Non-Personal Information.\nWe may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.</p> 4.\nChanging or Deleting Your Information <p>If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings.\nIn some cases we may retain copies of your information if required by law.\nFor questions about your Personal Information on our Service or to request that your Personal Information be modified or deleted, please contact privacy@bitcasa.com.</p> 5.\nData Retention <p>We will retain your information for as long as your account is active or as needed to provide you services.\nIf you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here.\nWe may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.\nConsistent with these requirements, we will try to delete your information quickly upon request.\nPlease note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.\nIn addition, we do not delete from our servers files that you have in common with other users.</p> 6.\nBitcasa Community <p>Our Service offers publicly accessible community services such as blogs, forums, and wikis.\nYou should be aware that any information you provide in these areas may be read, collected, and used by others who access them.\nYour posts may remain even after you cancel your account.\nFor questions about your Personal Information on our Service, please contact privacy@bitcasa.com.</p>\n<p>Our Site includes links to other Web sites whose privacy practices may differ from those of Bitcasa.\nIf you submit personal information to any of those sites, your information is governed by their privacy statements.\nWe encourage you to carefully read the privacy statement of any Web site you visit.</p> 7.\nSecurity <p>The security of your information is important to us.\nWhen you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).</p>\n<p>We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it.\nNo method of electronic transmission or storage is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our website, you can view our Security Overview Page or contact us at security@bitcasa.com.</p> 8.\nOur Policy Toward Children <p>Our Services are not directed to persons under 13.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@bitcasa.com.</p> 9.\nContacting Us <p>If you have any questions about this Privacy Policy, please contact us at privacy@bitcasa.com or at 1200 Park Place Ste 350, San Mateo, CA 94403.</p> 10.\nChanges to our Privacy Policy <p>This Privacy Policy may change from time to time.\nIf we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email).\nAnd we may provide notice of changes in other circumstances as well.\nBy continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.</p> \n" - "\nTerms of Service <p>Last Updated: November 19, 2013</p>\n<p>Thank you for using Bitcasa! These Terms of Service (the “Terms”) govern your access to and use of the Bitcasa, Inc.\n(“Bitcasa”, “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.\nBy using the Services you agree to be bound by these Terms.\nIf you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.\nIn that case, “you” and “your” will refer to that organization.</p>\n<p>You may use the Services only in compliance with these Terms.\nYou acknowledge and agree that you have the power to form a contract with Bitcasa and are not barred under any applicable laws from doing so.\nThe Services may continue to change over time as we refine and add more features.\nWe may stop, suspend, or modify the Services at any time without prior notice or liability to you.\nWe may also remove any content from our Services at our discretion without prior notice or liability to you.\nCertain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.\nAll such additional terms, guidelines, and rules are incorporated by reference into this Agreement.\nTo the extent you are a subscriber that has entered into an agreement relating to the Services with one of our service partners and there is a direct conflict between that agreement and these Terms, the agreement with our service partner applies.</p> Access to the Service <p>Subject to the terms of this Agreement and your payment of the applicable fees in accordance with Bitcasa’s Pricing and Refund Policy, Bitcasa grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use if you have subscribed to the Services as an individual user under Bitcasa’s free or standard infinite storage plan or (b) your commercial use in accordance with the applicable restrictions outlined in Bitcasa’s then-current pricing list if you have subscribed to the Services as a commercial user.\nIf at any time Bitcasa reasonably believes in its sole discretion that you are using the Service beyond this scope, Bitcasa may terminate your access to the Service with no additional liability to you.\nThe rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.\n(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services.\n(c) you shall not access the Services in order to build a similar or competitive service.\nand (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\nAny future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.</p> Your Digital Belongings &amp.\nYour Privacy <p>By using our Services you may provide us with information, files, and/or folders that you submit to Bitcasa (together, “your digital belongings”).\nYou and/or your suppliers retain full ownership to your digital belongings.\nWe don’t claim any ownership to any of it.\nThese Terms do not grant us any ownership rights to your digital belongings or intellectual property except for the limited rights that are needed to run the Services, as explained below.</p>\n<p>We may need your permission to do things you ask us to do with your digital belongings, for example, hosting your data, or sharing it at your direction.\nThis includes product features visible to you, for example, image thumbnails or document previews.\nIt also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe.\nYou give us the permissions we need to do those things solely to provide the Services.\nThis permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).\nAs such, you grant, and you represent and warrant that you have the right to grant, to Bitcasa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicenseable license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your digital belongings, solely for the purposes of providing you with the Services.</p>\n<p>To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to.\nHow we collect and use your information generally is also explained in our Privacy Policy.</p>\n<p>You are solely responsible for your conduct, the content of your digital belongings and your communications with others while using the Services.\nFor example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms, host your digital belongings on the Service, and transmit your digital belongings to others.</p>\n<p>We may choose, in our sole discretion, to review public content (e.g., comments on our blog) for compliance with our community guidelines, but you acknowledge that Bitcasa has no obligation to monitor any information on the Services.\nWe are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.</p> Sending Your Digital Belongings <p>The Services provide features that allow you to send your digital belongings to others via a link.\nWhen you elect to send digital belongings via a link, please be aware that there are no restrictions on what the recipient will do with the digital belongings you sent.\nThere are many things that other users may do with those digital belongings (for example: view it, download it, copy it, re-send it).\nPlease consider carefully what you choose to send publicly.\nPlease note that if a link you share is posted (by either you or someone you share it with) on a publicly available website, the link may show up in search engines as a part of the “indexing” process that search engines use to identify content and links contained within web pages.\nBitcasa has no responsibility for what a recipient will do with the digital belongings you send to them.</p> Your Responsibilities <p>Digital content may be protected by intellectual property rights of others.\nPlease do not copy, upload, download, or share files unless you have the right to do so.\nYou acknowledge and agree that you, and not Bitcasa, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.\nYou must not upload spyware or any other malicious software to the Service that might harm the Service, any computer network, or other Bitcasa users.</p>\n<p>You acknowledge and agree that you, and not Bitcasa, are solely responsible for maintaining and protecting all of your digital belongings.\nBitcasa will not be liable for any loss or corruption of your digital belongings, or for any costs or expenses associated with backing up or restoring any of your digital belongings.</p>\n<p>If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.</p>\n<p>You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.\nYou acknowledge and agree that you, and not Bitcasa, are solely responsible for any activity using your account, whether or not you specifically authorized that activity.\nYou must immediately notify Bitcasa of any unauthorized use of your account.\nYou acknowledge that if you wish to protect your transmission of data to Bitcasa, it is your responsibility to use a secure connection to communicate with the Services.</p> Software and Updates <p>Some use of our Service requires you to download a client software package (“Software”).\nBitcasa hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purposes of accessing the Services.\nYour license to use the Software is automatically revoked if you violate these Terms.\nWe hereby reserve all rights not expressly granted in these Terms.\nYou must not modify, make derivative works of, reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.\nOur Services may update the Software on your device automatically when a new version is available and you hereby authorize Bitcasa to automatically update the Software on your device.</p> Bitcasa Property and Feedback <p>These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services.\nWhile we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in public parts of our site or Service (e.g.\nour forums) without any obligation to you.\nThe Software and other technology we use to provide the Services are the sole property of Bitcasa and its suppliers and are protected by copyright, trademark, and other laws of both the United States and foreign countries.\nThese Terms do not grant you any rights to use the Bitcasa trademarks, logos, domain names, or other brand features.</p> Acceptable Use <p>You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Bitcasa Acceptable Use Policy.</p> Copyright <p>Bitcasa respects others’ intellectual property and asks that you do too.\nWe will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.\nSuch notices should be reported using our DMCA Process.\nWe reserve the right to delete or disable content alleged to be infringing and have a policy for terminating repeat infringers.\nOur designated agent for notice of alleged copyright infringement on the Services is:</p>\n<p>copyright@bitcasa.com</p>\n<p>Or, mail to:</p> Copyright Agent<br> Bitcasa, Inc.<br> 1200 Park Place Ste 350<br> San Mateo, CA 94403<br> Other Content and Other Users <p>The Services may contain links to third-party websites or resources.\nBitcasa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.\nYou are solely responsible for your use of any such websites or resources.\nAlso, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.</p>\n<p>Your interactions with other Service users are solely between you and such user.\nYou agree that Bitcasa will not be responsible for any loss or damage incurred as the result of any such interactions.\nIf there is a dispute between you and any Service user, we are under no obligation to become involved.\nYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or any third party sites that may be linked to on the Service.\nIF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”</p> Termination <p>Though we’d much rather you stay, you can stop using our Services any time by following the directions on the Services.\nWe reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.\nFor example, we may suspend or terminate your use if we reasonably believe in our sole discretion that you are (a) not complying with these Terms or (b) using the Services in any way that would cause us legal liability or disrupt others’ use of the Services.\nIf we suspend or terminate your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you.\nAll provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, access restrictions, and limitations of liability.</p> Bitcasa is Available “AS-IS” <p>Though we want to provide a great service, there are certain things about the service we can’t promise.\nTHE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK.\nWE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT.\nWE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS.\n(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.\nOR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.</p>\n<p>BITCASA WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE.\nSOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.</p> Indemnity <p>You agree to indemnify and hold Bitcasa (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your digital belongings, (iii) your violation of these Terms.\nor (iv) your violation of applicable laws or regulations.\nBitcasa 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.\nYou agree not to settle any matter without the prior written consent of Bitcasa.\nBitcasa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITCASA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BITCASA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.BITCASA’S (AND OUR SUPPLIERS’) AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OR $20 OR THE AMOUNTS PAID BY YOU TO BITCASA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.\nTHE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\nSOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.</p> Modifications <p>We may revise these Terms in our sole discretion from time to time.\nWhen changes are made, we will make the most current version available on our website and will update the “Last Updated” date above.\nIf a revision, in our sole discretion, is material we will notify you via the email address associated with your account.\nAny changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Service for existing users.\nBy continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.\nIf you do not agree to the new terms, please stop using the Services.</p> Miscellaneous Legal Terms <p>These Terms and the use of the services and software will be governed by California law except for its conflicts of laws principles.\nAll claims arising out of or relating to these Terms or the Services or software must be litigated exclusively in the federal or state courts of Santa Clara county, California, and both parties consent to venue and personal jurisdiction there.\nThese Terms constitute the entire and exclusive agreement between you and Bitcasa with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.\nThese Terms create no third party beneficiary rights.\nBitcasa’s failure to enforce a provision is not a waiver of its right to do so later.\nIf a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.\nYou may not assign any of your rights in these Terms, and any such attempt is void, but Bitcasa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.\nBitcasa and you are not legal partners or agents.\ninstead, our relationship is that of independent contractors.</p> International Terms <p>Choice of Language.\nIt is the express wish of the parties that the Terms and all related documents have been drawn up in English.\nC’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.</p>\n<p>United Kingdom.\nA third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.</p>\n<p>Germany.\nNotwithstanding anything to the contrary in these Terms, Bitcasa is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).</p> \n" name: - Privacy Policy - Terms of Service xpath: - "//div[@id='privacyPolicy']" - "//div[@id='termsOfService']" updated_at: - 2018-07-17 10:13:06.812056000 Z - 2018-07-17 10:13:06.845318793 Z
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--- text: - |2 Acceptable Use <p>Bitcasa is proud of the trust you place in us to store your valuable data. In exchange, we trust you to use our services responsibly.</p> <p>Unless you are paying for a commercial account, your Bitcasa account is for non-commercial, personal use only, and use of a single Bitcasa account by any corporation or small business entity is strictly prohibited. If you have a commercial account, you may only use that account in accordance with the limitations associated with your pricing tier.</p> <p>You agree not to misuse the Bitcasa services. For example, you must not, and must not attempt to, use the services to do the following things.</p> <ul> <li>probe, scan, or test the vulnerability of any system or network;</li> <li>breach or otherwise circumvent any security or authentication measures;</li> <li>access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or Bitcasa (or our service providers’) computer systems;</li> <li>interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;</li> <li>disclose your individual account password or share your account credentials with any third party or otherwise allow a third party to access your account;</li> <li>plant malware or otherwise use the Services to distribute malware;</li> <li>attempt or engage in any potentially harmful acts that are directed against the Bitcasa services, including but not limited to violating or attempting to violate any security features of the Bitcasa services (or otherwise take advantage of any defect in the Bitcasa services), using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Bitcasa services or otherwise access or search the Services by any means other than our publicly supported interfaces;</li> <li>attempt or engage in any activity that might overwhelm or place a burden on the Bitcasa services;</li> <li>send unsolicited communications, promotions or advertisements, or spam;</li> <li>send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;</li> <li>publish anything that is fraudulent, misleading, or infringes another's rights;</li> <li>promote or advertise products or services other than your own without appropriate authorization;</li> <li>impersonate or misrepresent your affiliation with any person or entity;</li> <li>abuse Bitcasa referrals to get more credit for referrals than deserved;</li> <li>publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;</li> <li>violate the law in any way, or to violate the intellectual property or privacy rights of others, or to defame others.</li> </ul> - "\nPrivacy Policy <p>This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information.\nUsers can access the Bitcasa service (the “Service”) through our website www.bitcasa.com, applications on Devices, through APIs, and through third-parties.\nA “Device” is any computer used to access the Bitcasa Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.\nThis Privacy Policy governs your access of the Bitcasa Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.\nAll of the different forms of data, content, and information described below are collectively referred to as “information.” </p>\n1.\nThe Information We Collect And Store <p>We may collect and store the following information when running the Bitcasa Service:</p>\n<p>Information You Provide.\nWhen you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses.\nYou may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services.\nWhen you invite others to join Bitcasa by using our referral page, we send them a one-time email for that referral.\nYou may also provide us with your contacts’ email addresses when sharing folders or files with them.\nWe may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Bitcasa to you.</p>\n<p>Files.\nWe collect and store the files you upload, download, or access with the Bitcasa Service (“Files”).\nIf you add a file to your Bitcasa that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.</p>\n<p>Log Data.\nWhen you use the Service, we automatically record information from your Device, its software, and your activity using the Services.\nThis may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.</p>\n<p>Cookies.\nWe also use “cookies” to collect information and improve our Services.\nA cookie is a small data file that we transfer to your Device.\nWe may use “persistent cookies” to save your registration ID and login password for future logins to the Service.\nWe may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all aspects of the Service.</p> 2.\nHow We Use Personal Information <p>Personal Information.\nIn the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”).\nPersonal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.\nIf you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.</p>\n<p>Geo-Location Information.\nSome Devices allow applications to access real-time location-based information (for example, GPS).\nOur mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services.\nSome photos and videos you place in Bitcasa may contain recorded location information.\nWe may use this information to optimize your experience.\nIf you do not wish to share files embedded with your geo-location information with us, please do not upload them.\nIf you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature.\nAlso, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.</p>\n<p>Analytics.\nWe also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information.\nWe use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.\nAs of the date this policy went into effect, we use Google Analytics.\nTo learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.</p> 3.\nInformation Sharing and Disclosure <p>Your Use.\nWe will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account.\nAny information you choose to provide should reflect how much you want others to know about you.\nPlease consider carefully what information you disclose in your profile page and your desired level of anonymity.\nYou can review and revise your profile information at any time.\nWe do not sell your personal information to third parties.\nWe may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below).\nThrough certain features of the Service, you may also have the ability to make some of your information public.\nPublic information may be broadly and quickly disseminated.</p>\n<p>Service Providers, Business Partners and Others.\nWe may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).\nThese third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.\nAs of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files).\nYou can find more information on Amazon's data security from the S3 site.</p>\n<p>Third-Party Applications.\nWe may share your information with a third party application with your consent, for example when you choose to access our Services through such an application.\nWe are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.</p>\n<p>Business Transfers.\nIf we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy.\nWe will also notify you of choices you may have regarding the information.</p>\n<p>Compliance with Laws and Safety.\nWe may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Bitcasa our agents, customers, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the personal safety of its customers or any person.</p>\n<p>Non-private or Non-Personal Information.\nWe may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.</p> 4.\nChanging or Deleting Your Information <p>If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings.\nIn some cases we may retain copies of your information if required by law.\nFor questions about your Personal Information on our Service or to request that your Personal Information be modified or deleted, please contact privacy@bitcasa.com.</p> 5.\nData Retention <p>We will retain your information for as long as your account is active or as needed to provide you services.\nIf you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here.\nWe may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.\nConsistent with these requirements, we will try to delete your information quickly upon request.\nPlease note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.\nIn addition, we do not delete from our servers files that you have in common with other users.</p> 6.\nBitcasa Community <p>Our Service offers publicly accessible community services such as blogs, forums, and wikis.\nYou should be aware that any information you provide in these areas may be read, collected, and used by others who access them.\nYour posts may remain even after you cancel your account.\nFor questions about your Personal Information on our Service, please contact privacy@bitcasa.com.</p>\n<p>Our Site includes links to other Web sites whose privacy practices may differ from those of Bitcasa.\nIf you submit personal information to any of those sites, your information is governed by their privacy statements.\nWe encourage you to carefully read the privacy statement of any Web site you visit.</p> 7.\nSecurity <p>The security of your information is important to us.\nWhen you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).</p>\n<p>We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it.\nNo method of electronic transmission or storage is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our website, you can view our Security Overview Page or contact us at security@bitcasa.com.</p> 8.\nOur Policy Toward Children <p>Our Services are not directed to persons under 13.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@bitcasa.com.</p> 9.\nContacting Us <p>If you have any questions about this Privacy Policy, please contact us at privacy@bitcasa.com or at 1200 Park Place Ste 350, San Mateo, CA 94403.</p> 10.\nChanges to our Privacy Policy <p>This Privacy Policy may change from time to time.\nIf we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email).\nAnd we may provide notice of changes in other circumstances as well.\nBy continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.</p> \n" name: - Acceptable Use Policy - Privacy Policy xpath: - "//div[@id='acceptableUse']" - "//div[@id='privacyPolicy']" updated_at: - 2018-07-17 10:12:59.714649000 Z - 2018-07-17 10:13:06.812056964 Z
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--- service_id: - 301 - 195 updated_at: - 2018-07-17 10:12:59.916100000 Z - 2018-07-17 10:13:06.488737836 Z
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--- service_id: - 301 - 195 updated_at: - 2018-07-17 10:12:59.880576000 Z - 2018-07-17 10:13:06.451433479 Z
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--- text: - " Guest Refund Policy Terms <p>These terms and conditions govern the Airbnb Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the Airbnb platform (the \"Site\") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.</p>\n<p>\n<b>1.\nTravel Issue.</b> A “Travel Issue” means any one of the following:\n<br>(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).\n<br>(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:\n<br>(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),\n<br>(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,\n<br>(iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or\n<br>(iv) the physical location of the Accommodation (proximity).\n<br>(c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Airbnb’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.</p>\n<p>\n<b>2.\nThe Guest Refund Policy.</b> If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Airbnb in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.</p>\n<p>\n<b>3.\nConditions to Claim a Travel Issue.</b> Only a Guest may submit a claim for a Travel Issue.\nIf you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:\n<br>(a) you must bring the Travel Issue to our attention in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.\n<br>(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).\n<br>(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.</p>\n<p>\n<b>4.\nMinimum Quality Standards, Host Responsibilities and Reimbursement to Guest.</b> If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues.\nDuring the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.\n<br>If you are a Host, and if (i) Airbnb determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Airbnb either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse Airbnb up to the amount paid by Airbnb within 30 days of Airbnb’s request.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts.\nYou also agree that in order for you to reimburse Airbnb up to the amount paid by Airbnb, Airbnb may off-set or reduce any amounts owed by Airbnb to you by this amount.\nIf the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you.\nIf the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.\n<br>The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host.\nIf you dispute the Travel Issue you may notify us in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.\nYou agree that all determinations of Airbnb with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue.\nIn the event of one or more Travel Issues, Airbnb, in its discretion, may elect to take additional actions.\nThese actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.</p>\n<p>\n<b>5.\nGeneral Provisions.</b>\n<br>(a)\tNo Assignment/No Insurance.\nThis Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy.\nThe benefits provided under this Guest Refund Policy are not assignable or transferable by you.\n<br>(b) Modification or Termination.\nAirbnb reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice.\nIf Airbnb modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Airbnb will continue to process all claims for Travel Issues made prior to the effective date of the modification.\n<br>(c)\tEntire Agreement and Definitions.\nThis Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Airbnb and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Airbnb and you regarding the Guest Refund Policy.\nCapitalized terms not otherwise defined herein shall have the meaning set forth in the Airbnb Terms of Service.\n<br>(d)\tControlling Law.\nThis Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\n<br>(e)\tLimitation of Liability.\nIN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AIRBNB POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMODATION FEES COLLECTED BY AIRBNB FROM THE GUEST.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\n<br>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.</p>\n<p>\n<b>6.\nContacting Airbnb.</b> If you have any questions about the Guest Refund Policy, please contact Airbnb at http://airbnb.com/contact.\n</p> \n" - " Copyright Policy <p>Notification of Copyright Infringement:</p>\n<p>Airbnb, Inc.\n(\"Airbnb\") respects the intellectual property rights of others and expects its users to do the same.</p>\n<p>It is Airbnb’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.</p>\n<p>In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S.\nCopyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Airbnb will respond expeditiously to claims of copyright infringement committed using the Airbnb website and mobile application (the \"Site and Application\") that are reported to Airbnb’s Designated Copyright Agent, identified in the sample notice below.</p>\n<p>If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Airbnb’s Designated Copyright Agent.\nUpon receipt of the Notice as described below, Airbnb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.</p>\n<p>\n<b>DMCA Notice of Alleged Infringement (\"Notice\")</b>\n<br>1.\nIdentify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.\n<br>2.\nIdentify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.\n<br>3.\nProvide your mailing address, telephone number, and, if available, email address.\n<br>4.\nInclude both of the following statements in the body of the Notice:\n<br> o \"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).\"\n<br> o \"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.\"\n<br>5.\nProvide your full legal name and your electronic or physical signature.</p>\n<p>Deliver this Notice, with all items completed, to Airbnb’s Designated Copyright Agent:</p>\n<p>Copyright Agent\n<br>c/o Airbnb, Inc.\n<br>888 Brannan Street\n<br>San Francisco, CA 94103\n<br>terms@airbnb.com</p>\n<p>\n</p> \n" name: - Guest Refund Policy Terms - Copyright Policy xpath: - "//div[@id='grpt-tab-pane']" - "//div[@id='copyright-tab-pane']" updated_at: - 2018-07-17 10:13:06.061260000 Z - 2018-07-17 10:13:06.113190371 Z
someone: 17/07/18 - 10:13
--- text: - " Host Guarantee Terms and Conditions <p>Last Updated: May 22, 2012</p>\n<p>\n<b>AIRBNB HOST GUARANTEE TERMS AND CONDITIONS</b>\n</p>\n<p>Airbnb, Inc.\n(hereafter referred to as “<b>Airbnb</b>”, “<b>we</b>”, “<b>us</b>”, or “<b>our</b>”) provides an online platform that connects hosts (hereafter referred to as “<b>Host</b>,” “<b>you</b>,” or “<b>your</b>”) who have accommodations to rent with <b>Guests</b> (defined below) seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\n<br>Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Airbnb website or one hundred Listings on multiple Airbnb websites, you may benefit from the Airbnb Host Guarantee program (“<b>Airbnb Host Guarantee</b>”), the terms, limitations and conditions for which are set forth below (the “<b>Airbnb Host Guarantee Terms</b>”).\nPlease read these Airbnb Host Guarantee Terms carefully.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB HOST GUARANTEE TERMS.\nIf you accept or agree to these Airbnb Host Guarantee 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 Airbnb Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THIS AIRBNB HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES.\nYOUR FAILURE TO FULLY COMPLY WITH SUCH REQUIREMENTS AND CONDITIONS WILL ELIMINATE YOUR ENTITLEMENT TO BENEFITS UNDER THIS AIRBNB HOST GUARANTEE.</p>\n<p>PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “EXCLUDED ACCOMMODATION,” AND “EXCLUDED PROPERTY” BELOW.\nTHESE DEFINITIONS ARE ESPECIALLY SIGNIFICANT IF YOUR ACCOMMODATION IS A CONDOMINIUM, TOWNHOUSE, CO-OPERATIVE, APARTMENT, OR ANY OTHER UNIT IN A MULTIPLE-DWELLING STRUCTURE, COMPLEX, AND/OR DEVELOPMENT.\nTO THE EXTENT THIS HOST GUARANTEE COVERS REAL PROPERTY, IT COVERS ONLY REAL PROPERTY THAT YOU OWN.\nBECAUSE OF THE NUMEROUS VARIATIONS IN THE NATURE AND EXTENT OF OWNERSHIP INTEREST(S) IN MULTIPLE-DWELLING ARRANGEMENTS, AIRBNB STRONGLY RECOMMENDS THAT YOU CLOSELY REVIEW THE DOCUMENTS THAT GOVERN YOUR MULTIPLE-DWELLING ARRANGEMENT.\nTHAT YOU CONSULT WITH YOUR OWNERS’ ASSOCIATION OR OTHER GOVERNING BODY.\nAND THAT YOU CONSULT WITH YOUR INSURANCE BROKER, SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THIS HOST GUARANTEE.</p>\n<p>Except as permitted by law, these Airbnb Host Guarantee Terms do not affect your statutory rights.\nIf you would like a written copy of these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.</p>\n<p>\n<b>I.\nThe Airbnb Host Guarantee</b>\n</p>\n<p>Airbnb agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in this Airbnb Host Guarantee.</p>\n<p>\n<b>II.\nKey Defined Terms</b>\n</p>\n<p>The following capitalized terms shall have the meanings set forth below:</p>\n<p>“<b>Actual Cash Value</b>” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with property or material of like kind and quality, with proper deduction for obsolescence and physical depreciation.</p>\n<p>“<b>Airbnb Insurance</b>” means an insurance policy issued by an insurer to Airbnb pursuant to which Airbnb is insured against losses arising under this Airbnb Host Guarantee.</p>\n<p>“<b>Airbnb Host Guarantee Payment Request Form</b>” means Airbnb’s standard form as amended from time to time, accessible through the Site at http://www.airbnb.com/incidents/new, that a Host uses to request payment from Airbnb pursuant to these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Covered Accommodation</b>” means an accommodation that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation, (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the Airbnb Terms of Service, (iii) not an Excluded Accommodation, and consists of one of the following:</p>\n<p>\n</p>\n<ol>\n<li>\tA house, cottage or similar dwelling and other structure attached to or located on the real property on which such dwelling is located (such as a garage) and fixtures appurtenant thereto;</li>\n<br>\n<li>\tAn individual dwelling unit that is an apartment, condominium, townhouse, co-operative, or other unit within a multiple-dwelling structure, complex, or similar type development (each, a “<b>Dwelling Unit</b>”);</li>\n<br>\n<li>\tA motor vehicle rented through the Services and used solely for lodging purposes.\nor</li>\n<br>\n<li>\tA boat rented through the Services and used solely for lodging purposes.</li>\n</ol>\n<p>“<b>Covered Losses</b>” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest through the Services (other than and excluding Excluded Losses).</p>\n<p>“<b>Covered Property</b>” means and is limited to the following property to the extent of your interest in such property:</p>\n<p>\n</p>\n<ul>\n<li>A.\nReal property (which does not include Excluded Property or Covered Personal Property) that meets each of the following requirements (“<b>Covered Real Property</b>”):\n<br>\n<br>\n<ol>\n<li>\treal property that you own or control.\nand</li>\n<br>\n<li>\tconstitutes either (i) a Covered Accommodation, (ii) new buildings, structures and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest, and/or (iii) fixtures on such Covered Accommodation, including walls, windows, and doors that are part of such Covered Accommodation.</li>\n</ol>\n</li>\n<p>\n</p>\n<li>B.\nPersonal Property means and is limited to tangible personal property (which does not include Excluded Property or Covered Real Property) that meets each of the following requirements (“<b>Covered Personal Property</b>”): <p>\n</p>\n<ol>\n<li>\ttangible personal property that you own or for which you are legally responsible for physical loss or damage to such personal property, or are under an obligation to keep such property insured against physical loss or damage.\nand</li>\n<br>\n<li>\tconstitutes a Covered Accommodation (such as a motor vehicle or boat) or is located within such Covered Accommodation.</li>\n</ol>\n</li>\n</ul>\n<p>“<b>Excluded Accommodation</b>” means:</p>\n<p>\n</p>\n<ol>\n<li>\tany condominium, townhouse, co-operative, apartment, or other unit within a multiple-dwelling structure, complex, or similar type development to the extent owned in whole or in part by anyone other than you, and</li>\n<br>\n<li>\tany common area or easements in or associated with any Dwelling Unit located within a multiple-dwelling structure, complex, or similar type development, even if owned or partially owned by you, including any rights you or any other party may have to use or access such common area.</li>\n<br>\n<li>\tA motor vehicle, vessel or boat to the extent not stationary or used for a purpose other than lodging, including without limitation any use of such vehicle, vessel or boat for transportation purposes.</li>\n</ol>\n<p>“<b>Excluded Property</b>” means the following:</p>\n<p>\n</p>\n<ol>\n<li>\tCurrency, money, credit cards, debit cards, other charge cards, checks, negotiable instruments, precious metal in bullion form, notes, financial securities, and other financial instruments and products.</li>\n<br>\n<li>\tLand, water or any other substance in or on land.\nexcept this exclusion does not apply to land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property.</li>\n<br>\n<li>\tAnimals (including, but not limited to, livestock and pets).\nThis exclusion encompasses all losses of or injuries to animal, all losses due to veterinary care, boarding, medications, and all other services associated with animals.</li>\n<br>\n<li>\tStanding timber.\ngrowing crops.</li>\n<br>\n<li>\tWatercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites.\nThis watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation.\nHowever, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tMotor vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) belonging to you or your employees.\nThis exclusion does not apply with respect to any vehicle that is a Covered Accommodation.\nHowever, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tUnderground mines or mine shafts or any property within such mine or shaft.</li>\n<br>\n<li>\tDams, dikes and levees.</li>\n<br>\n<li>\tProperty in transit.</li>\n<br>\n<li>\tTransmission and distribution lines beyond 1,000 feet of the Covered Accommodation.</li>\n<br>\n<li>\tAny damage to any property that is not in or on a Covered Accommodation.</li>\n<br>\n<li>\tReal property owned by a party other than you and that you do not control, and personal property owned by a party other than you and for which you are not legally responsible.</li>\n<br>\n<li>\tJewelry (including watches, rings, necklaces, and other articles which reasonably considered an item of jewelry).</li>\n<br>\n<li>\tCollections and collectables (including, but not limited to) coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection).</li>\n<br>\n<li>\tFine Art or like articles which you received as a gift or donation.</li>\n<br>\n<li>\tFurs.</li>\n<br>\n<li>\tFood, liquor, wine, and other beverages.</li>\n<br>\n<li>\tFirearms and weapons.</li>\n<br>\n<li>\tReal property, except to the extent any such real property is expressly included in the definition of Covered Property.</li>\n<br>\n<li>\tAny property interest or ownership interest of a party other than you in or to an accommodation.</li>\n<br>\n<li>\tAny property interest or ownership interest of an association or similar body managing or governing the owners of a multiple-dwelling structure, complex, or similar type development.</li>\n</ol>\n<p>“<b>Fine Arts</b>” means paintings.\netchings.\npictures.\ntapestries.\nrare or art glass.\nart glass windows, valuable rugs.\nstatues.\nsculptures.\nantique furniture.\nantique jewelry.\nbric-a-brac.\nporcelains.\nand similar property of rarity, historical value, or artistic merit.\n“Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.</p>\n<p>“<b>Fine Arts Limit</b>” means two thousand U.S.\ndollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of five thousand U.S.\ndollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms).</p>\n<p>“<b>Guest</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who rents and stays on, at, or in a Covered Accommodation, for the period of the Listing.</p>\n<p>“<b>Host</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who lists his/her Covered Accommodation(s) on the Site.</p>\n<p>“<b>Invitee</b>” means a person invited to be present at a Covered Accommodation by a Responsible Guest.</p>\n<p>“<b>Limit</b>” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.</p>\n<p>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” process in the Airbnb Terms of Service.</p>\n<p>“<b>Original Cost</b>” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.</p>\n<p>“<b>Responsible Guest</b>” means the Guest to whom you, as a Host, rented the Covered Accommodation at which the Covered Property for which you request payment pursuant to these Airbnb Host Guarantee Terms is physically situated.</p>\n<p>\n<b>III.\nLimitations and Exclusions</b>\n</p>\n<p>The Airbnb Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following (“<b>Excluded Losses</b>”):</p>\n<p>Emotional distress or injury, and/or bodily injury or death from any cause.</p>\n<p>losses to Excluded Property.</p>\n<p>losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes.</p>\n<p>losses or damages arising out of, or resulting from, your acts or omissions (other than an error or unintentional omission in the description of the location of the Covered Accommodation).</p>\n<p>losses or damages for which you are compensated or reimbursed from a source other than Airbnb including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity.\n(ii) a security deposit.\nor (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.</p>\n<p>losses or damages for Covered Property at or located in a specific Covered Accommodation in excess of the Limit in any consecutive twelve (12) month period.\nWhether this 12-month limit applies to any given loss will be determined by adding the amounts of losses [if any] paid under this Host Guarantee in connection with the specific Covered Accommodation in the twelve (12) months immediately preceding the date of loss.</p>\n<p>losses or damages for Fine Arts located in a specific Covered Accommodation (i) in excess of the Fine Arts Limit, or (ii) received as a gift or donation.</p>\n<p>losses to Covered Property resulting from indirect or remote causes.</p>\n<p>interruption of business, loss of market, loss of reputation or goodwill, and/or loss of use.</p>\n<p>loss, damage, or deterioration arising from any delay.</p>\n<p>mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.</p>\n<p>loss from enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use, or removal, including debris removal, or any property, or (ii) requiring the demolition of any property, including the cost of removing its debris.</p>\n<p>loss from actual or threatened malicious use of poisonous biological or chemical materials.\nThis exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence, to the loss.</p>\n<p>losses due to acts of war or terrorism.</p>\n<p>losses due to nuclear reaction, nuclear radiation, or nuclear contamination.</p>\n<p>losses from hostile or warlike action.</p>\n<p>losses from dishonest acts, including, but not limited to, fraud, theft, committed by or in collusion with: (i) you.\n(ii) any of your proprietors, partners, directors, trustees, officers, or employees, or (iii) any person or entity retained by you to do anything in connection with Covered Property.</p>\n<p>losses due to violations of any law, regulation, or ordinance.</p>\n<p>losses caused by theft, unless the theft is committed by a Responsible Guest or an Invitee.</p>\n<p>losses caused by lack of any of the following services not at a Covered Accommodation: (i) incoming electricity, fuel, water, gas, steam, or refrigerant.\n(ii) outgoing sewage.\n(iii) incoming or outgoing voice, data, or video.</p>\n<p>losses from faulty workmanship, material, construction or design.</p>\n<p>losses from deterioration, depletion, rust, corrosion, erosion, wear and tear, inherent vice, or latent defect.</p>\n<p>losses from settling, cracking, shrinking, bulging, or expansion of foundation or any component thereof, floors, pavements, walls, ceilings, or roofs.\n<br>losses from changes of temperature or humidity.</p>\n<p>losses from insects, animals, or other vermin.\nThis exclusion applies to losses caused by pets, regardless of whether such pets are owned by you, a Guest, and Invitee, or any other person or entity.</p>\n<p>losses from mold, mildew, fungus, spores, or other microorganisms.</p>\n<p>losses caused by a Guest or Invitee after the expiration of the rental period shown in the applicable Listing.</p>\n<p>losses due to wear and tear.</p>\n<p>Losses arising from the loss of use of or loss of profit from Covered Property.</p>\n<p>\n<b>IV.\nConditions to the Airbnb Host Guarantee</b>\n</p>\n<p>IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT FROM AIRBNB UNDER THESE AIRBNB HOST GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS.\nYOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FROM AIRBNB FOR ANY COVERED LOSSES AND/OR ANY SUBMITTED CLAIMS.\nIN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE TO AIRBNB THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.</p>\n<p>You must have incurred Covered Losses.</p>\n<p>The Covered Losses for which you seek payment must be covered under Airbnb Insurance and payment to Airbnb under such Airbnb Insurance, and Airbnb in its sole discretion may make its payment of benefits under this Airbnb Host Guarantee Terms contingent upon the determination that any Covered Losses are covered under the Airbnb Insurance.</p>\n<p>You must have complied with the following safety conditions:</p>\n<p>You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Airbnb’s safety guidelines as described at http://www.airbnb.com/safety.</p>\n<p>You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.</p>\n<p>You must have provided the Responsible Guest with clear written instructions on how the Responsible Guest and any Invitees should conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.</p>\n<p>You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Airbnb Host Guarantee Payment Request Form with Airbnb within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation or (ii) the date by which the next subsequent rental of the same Covered Accommodation begins.</p>\n<p>You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses.\nIf you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek recovery to which you may be entitled, from any person or entity other than the Responsible Guest or Airbnb, with respect to such Covered Losses.</p>\n<p>For all Covered Property which is damaged or destroyed due to a violation or law or criminal act or misdemeanor and for which you are filing an Airbnb Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S.\ndollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Airbnb with a copy of such report, certified by you as true and correct.</p>\n<p>You must provide Airbnb with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.</p>\n<p>You must deliver a signed and sworn proof of loss to Airbnb within sixty (60) days after you have incurred the Covered Loss, unless such deadline is extended in writing by Airbnb.\nThe proof of loss must state your knowledge and belief as to the following:</p>\n<p>The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.</p>\n<p>The ownership, leasehold or other interest or you and all other parties in the Covered Property for which Covered Loss is claimed.</p>\n<p>The Actual Cash Value of each item of the Covered Property that is the subject to the Covered Loss and the amount of such loss or damage to each item of such Covered Property.\nand all liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.</p>\n<p>Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.</p>\n<p>The identity of and other information know about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.</p>\n<p>You must (i) protect and preserve damaged Covered Property from further loss or damages.\nand (ii) promptly separate the damaged and undamaged Covered Property.\nput it in the best possible order.\nand furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value, and amount of loss claimed.</p>\n<p>You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Airbnb’s insurer, (i) exhibit, to Airbnb, it’s insurer or their respective designee, all that remains of any damaged Covered Property.\n(ii) submit to examination under oath by any person designated by Airbnb or Airbnb’s insurer and sign the written records of examination.\nand (iii) produce for examination, at the request of Airbnb, its insurer or their respective designee, all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies of originals are lost).</p>\n<p>You must permit Airbnb or the designee(s) of Airbnb’s insurer to make inspections of Covered Property at all reasonable times.\nHowever, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Airbnb’s insurer to determine or warrant that damaged Covered Property is safe or healthful.\nAirbnb or Airbnb’s insurer will have no liability to you or any other person because of any inspection or failure to inspect.</p>\n<p>You must provide Airbnb with all information reasonably requested by Airbnb to enable it to determine the Actual Cash Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Fine Arts, evidence of the Original Cost of such Fine Arts article in the form of original receipts or other evidence of payment of the purchase price for such Fine Arts article, and the date on which such Fine Arts article was purchased or acquired by you, and (ii) for Covered Property (other than Fine Arts), evidence of the fair market value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.</p>\n<p>Upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest or other responsible party, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to Covered Losses for which you are requesting payment.</p>\n<p>You must cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests by Airbnb for additional information or documentation that Airbnb may require or request to process the applicable Airbnb Host Guarantee Payment Request Form.</p>\n<p>With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Airbnb with a copy of such notice.\nIf the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Airbnb in writing of the lender/mortgagee’s request and transmit a written copy of said request to Airbnb, and provide all other information to enable Airbnb to communicate directly with the lender.\nIf such loss is determined to be a Covered Loss, Airbnb will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied.\nThis condition shall apply to the extent of applicable law in your jurisdiction.</p>\n<p>\n<b>V.\nDisposition of Host Payment Requests</b>\n</p>\n<p>Airbnb Host Guarantee Payment Request Form</p>\n<p>Airbnb will complete its processing of any Airbnb Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Airbnb Host Guarantee Payment Request Form, and (b) provided Airbnb with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Airbnb Host Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Airbnb Host Guarantee Payment Request Form within three (3) months after Airbnb’s receipt of such documents and information.\nIf you receive an Approved Payment Request (as defined below), then as a condition to Airbnb’s obligation to make payment to you, you will be required to execute and deliver to Airbnb the “Airbnb Host Guarantee Approved Payment Request Agreement”, which includes your agreement: (i) to assign to Airbnb or its insurer any rights and remedies you may have to recover amounts paid by Airbnb to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.\n(ii) to reasonably cooperate with Airbnb, including, at Airbnb’s request, appearing as a witness in any court, arbitration or like proceeding, if Airbnb seeks to recover the amount paid by Airbnb to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party.\n(iii) to release and hold harmless Airbnb and its insurer and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Airbnb Host Guarantee Payment Request Form.\n(iv) to treat as “confidential information” the contents and existence of such Airbnb Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement.\nand (v) to refund to Airbnb any amounts that are erroneously paid by Airbnb to you with respect to an Approved Payment Request, such determination by Airbnb to be based upon factors including, but not limited to, documentation in Airbnb’s possession, your actions, and police reports, if applicable.</p>\n<p>The duration of Airbnb’s processing period of any Airbnb Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss.\n(ii) the location of the Covered Accommodation.\n(iii) the nature of the Covered Property and the nature of the Covered Losses.\n(iv) the completeness and type of documentation and information that you provide Airbnb regarding the Covered Losses.\nand (v) the number of Airbnb Host Guarantee Payment Request Forms that Airbnb is then currently processing for other Hosts.</p>\n<p>\n<i>Approved Payment Request</i>\n</p>\n<p>If you have filed an Airbnb Host Guarantee Payment Request form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “<b>Approved Payment Request</b>”), Airbnb will pay you the amount of the Covered Loss as determined below under “Determination of the Amount of the Covered Loss”.\nYou will be notified by Airbnb and, as a condition of payment hereunder, you will be required to deliver to Airbnb an executed Approved Payment Request Agreement.\nAirbnb may use third party service providers to assist in the processing of the Airbnb Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.</p>\n<p>For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, Airbnb reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property.\nIf Airbnb pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled.\nFor clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Airbnb pursuant to these Airbnb Host Guarantee Terms, including without limitation any payments made by Airbnb directly to the owner of any Covered Property.</p>\n<p>\n<i>Determination of the Amount of the Covered Loss</i>\n</p>\n<p>You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold.\nCovered Property reasonably judged by you to be unfit for [reprocessing] or sale will not be sold or disposed of except by you or with your consent.\nProceeds from the sale or other disposition of Covered Property will go to (i) Airbnb at the time of the loss settlement, or (ii) you if such proceeds are received prior to loss settlement and such proceeds will reduce the amount of the loss payable to you.</p>\n<p>You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged.</p>\n<p>Amount of Covered Losses will be computed by Airbnb as of the date of loss, at the location of the loss, subject to the following:</p>\n<p>A.\nOn exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation.\nCosts of research, engineering, or restoring or recreating lost information will not be paid.</p>\n<p>B.\nOn Fine Arts, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss.\n(ii) the cost to replace the article.\n(iii) the current appraised value.\nor (iv) if the Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, repaired, or restored to its immediate pre-loss condition, you will receive the full value of the pair or set or the current appraised value, whichever is less, provided that you surrender the pair or set to Airbnb’s insurer.</p>\n<p>C.\nFor all Covered Property (other than that described in paragraphs A and B above), the lesser of: (i) the cost to repair such damaged Covered Property.\n(ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality.\n(iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss.\n(iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents and improvement in function and/or forms part of a program of system enhancement.\nor (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.</p>\n<p>D.\nAny amount of any Covered Losses payable by Airbnb under this Airbnb Host Guarantee will be reduced by the amount paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party).</p>\n<p>Covered Losses will be paid in the currency of the United States of America unless, in Airbnb’s sole discretion, Airbnb elects to pay losses in a different currency.\nIf currency conversions are required, rates exchange will be calculated based on those published in the Wall Street Journal.</p>\n<p>AIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MAKE AIRBNB’S PAYMENT FOR LOSSES CONTINGENT UPON THE ACCEPTANCE AND PAYMENT OF A COVERED LOSS UNDER THE AIRBNB INSURANCE.\nAIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO PAY A HOST FOR A COVERED LOSS BEFORE THE INSURER OF SUCH AIRBNB INSURANCE ACCEPTS SUCH CLAIM AND/OR PAYS AIRBNB FOR THE CLAIM, OR TO DEFER PAYMENT TO YOU UNTIL THE INSURER ACCEPTS THE CLAIM AND/OR PAYS AIRBNB FOR SUCH COVERED LOSS IN ACCORDANCE WITH THE AIRBNB INSURANCE.</p>\n<p>YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE AIRBNB INSURANCE POLICY.\nAIRBNB IS NOT CHARGING YOU FOR THIS AIRBNB HOST GUARANTEE OR FOR ANY PORTION OF AIRBNB’S INSURANCE PREMIUM UNDER THE AIRBNB INSURANCE.\nTO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORD BY THE AIRBNB HOST GUARANTEE, AIRBNB STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT AIRBNB OR IT’S INSURER DECLINES COVERAGE FOR CLAIMS UNDER THIS AIRBNB HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THIS AIRBNB HOST GUARANTEE.</p>\n<p>\n<b>VI.\nAcknowledgments and Agreements by the Host</b>\n</p>\n<p>You acknowledge and agree that:</p>\n<p>This Airbnb Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring that your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>Airbnb provides Hosts with the Airbnb Host Guarantee benefits described herein free of charge solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.</p>\n<p>These Airbnb Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Airbnb Host Guarantee.\nFurthermore, these Airbnb Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.</p>\n<p>The benefits provided under these Airbnb Host Guarantee Terms are solely as set forth in the paragraph entitled “Airbnb Host Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.</p>\n<p>Airbnb and/or its insurer reserve the right to independently investigate (or to have independently investigated) at Airbnb’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Airbnb Host Guarantee Payment Request Form that you file with Airbnb, notwithstanding your delivery of all information and materials that you are required to provide Airbnb in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Airbnb Host Guarantee,” and regardless of the impact that Airbnb’s exercise of the rights described herein will have on the time it will take for Airbnb to complete processing such request form.</p>\n<p>Airbnb reserves the right, at any time, to offset or deduct from the amounts payable or paid by Airbnb to you under these Airbnb Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.</p>\n<p>Because these Airbnb Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies.\nThus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guaranty obligation under these Airbnb Host Guarantee Terms.</p>\n<p>\n<b>VII.\nModification or Termination of Airbnb Host Guarantee Terms</b>\n</p>\n<p>To the extent permissible by applicable law in your jurisdiction, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms, at any time, in its sole discretion, and without prior notice.\nIf Airbnb terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will provide you with notice of such termination and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Airbnb Host Guarantee Payment Request Forms will immediately terminate.\nIf Airbnb modifies these Airbnb Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification.\nBy continuing to access or use the Site, Application or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Host Guarantee Terms.\nIf the modified Airbnb Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Host.</p>\n<p>In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Airbnb Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction.\n(ii) Airbnb is required to obtain a license or permit of any kind to continue to provide these Airbnb Host Guarantee Terms in any jurisdiction.\nor (iii) Airbnb determines or a court or arbitrator holds that the provisions of the Airbnb Host Guarantee Terms violate applicable law.\nIf Airbnb modifies or terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will process all Airbnb Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.</p>\n<p>Airbnb’s obligations hereunder are contingent upon the availability of insurance proceeds under Airbnb’s insurance policy.\nThe applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host listed the Covered Accommodation.\nIf the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Guest’s stay, Airbnb will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.</p>\n<p>\n<b>VIII.\nSubrogation</b>\n</p>\n<p>Airbnb and/or Airbnb’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you.\nFurther, you hereby agree that, with respect to any payments made under this Airbnb Host Guarantee by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.</p>\n<p>\n<b>IX.\nDisclaimers and Limitations of Liability</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK.\nTHE AIRBNB HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE AIRBNB HOST GUARANTEE WILL MEET YOUR REQUIREMENTS.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>\n<p>EXCEPT FOR AIRBNB’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE AIRBNB HOST GUARANTEE TERMS, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>\n<p>\n<b>X.\nGeneral Provisions</b>\n</p>\n<p>\n<i>Indemnification</i>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Airbnb Host Guarantee Terms.</p>\n<p>If you rent (rather than own) the accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation.\nYou are fully responsible for securing the lessor’s permission to list the accommodation with Airbnb and complying with the scope of any permission granted.</p>\n<p>\n<i>Entire Agreement </i>\n</p>\n<p>These Airbnb Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Airbnb Host Guarantee and these Airbnb Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding the Airbnb Host Guarantee.</p>\n<p>\n<i>Assignment</i>\n</p>\n<p>You may not assign or transfer these Airbnb Host Guarantee Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Airbnb Host Guarantee Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Airbnb Host Guarantee Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Airbnb Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<i>Notices</i>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Host Guarantee Terms, will be in writing and given by Airbnb (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<i>Controlling Law</i>\n</p>\n<p>These Airbnb Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.</p>\n<p>\n<i>Dispute Resolution</i>\n</p>\n<p>General.\nYou and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Airbnb Host Guarantee Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/si.asp?id=3477 and a separate form for California residents at http://www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Arbitration Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification or Termination of Airbnb Host Guarantee Terms” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms).</p>\n<p>\n<i>Waiver and Severability</i>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Airbnb Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Airbnb Host Guarantee Terms, the exercise by either party of any of its remedies under these Airbnb Host Guarantee Terms will be without prejudice to its other remedies under these Airbnb Host Guarantee Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Host Guarantee Terms will remain in full force and effect.</p>\n<p>\n<b>XI.\nContacting Airbnb</b>\n<br>If you have any questions about these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.\n</p> \n" - " Guest Refund Policy Terms <p>These terms and conditions govern the Airbnb Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the Airbnb platform (the \"Site\") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.</p>\n<p>\n<b>1.\nTravel Issue.</b> A “Travel Issue” means any one of the following:\n<br>(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).\n<br>(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:\n<br>(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),\n<br>(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,\n<br>(iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or\n<br>(iv) the physical location of the Accommodation (proximity).\n<br>(c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Airbnb’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.</p>\n<p>\n<b>2.\nThe Guest Refund Policy.</b> If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Airbnb in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.</p>\n<p>\n<b>3.\nConditions to Claim a Travel Issue.</b> Only a Guest may submit a claim for a Travel Issue.\nIf you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:\n<br>(a) you must bring the Travel Issue to our attention in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.\n<br>(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).\n<br>(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.</p>\n<p>\n<b>4.\nMinimum Quality Standards, Host Responsibilities and Reimbursement to Guest.</b> If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues.\nDuring the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.\n<br>If you are a Host, and if (i) Airbnb determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Airbnb either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse Airbnb up to the amount paid by Airbnb within 30 days of Airbnb’s request.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts.\nYou also agree that in order for you to reimburse Airbnb up to the amount paid by Airbnb, Airbnb may off-set or reduce any amounts owed by Airbnb to you by this amount.\nIf the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you.\nIf the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.\n<br>The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host.\nIf you dispute the Travel Issue you may notify us in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.\nYou agree that all determinations of Airbnb with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue.\nIn the event of one or more Travel Issues, Airbnb, in its discretion, may elect to take additional actions.\nThese actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.</p>\n<p>\n<b>5.\nGeneral Provisions.</b>\n<br>(a)\tNo Assignment/No Insurance.\nThis Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy.\nThe benefits provided under this Guest Refund Policy are not assignable or transferable by you.\n<br>(b) Modification or Termination.\nAirbnb reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice.\nIf Airbnb modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Airbnb will continue to process all claims for Travel Issues made prior to the effective date of the modification.\n<br>(c)\tEntire Agreement and Definitions.\nThis Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Airbnb and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Airbnb and you regarding the Guest Refund Policy.\nCapitalized terms not otherwise defined herein shall have the meaning set forth in the Airbnb Terms of Service.\n<br>(d)\tControlling Law.\nThis Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\n<br>(e)\tLimitation of Liability.\nIN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AIRBNB POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMODATION FEES COLLECTED BY AIRBNB FROM THE GUEST.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\n<br>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.</p>\n<p>\n<b>6.\nContacting Airbnb.</b> If you have any questions about the Guest Refund Policy, please contact Airbnb at http://airbnb.com/contact.\n</p> \n" name: - Host Guarantee Terms and Conditions - Guest Refund Policy Terms xpath: - "//div[@id='guarantee-tab-pane']" - "//div[@id='grpt-tab-pane']" updated_at: - 2018-07-17 10:13:06.008485000 Z - 2018-07-17 10:13:06.061260665 Z
someone: 17/07/18 - 10:13
--- text: - " Privacy Policy <p>\n<b>Click here to learn more about how we handle do-not-track signals and user tracking.</b>\n</p>\n<p>Last Updated: August 15, 2011</p>\n<p>Airbnb, Inc.\n(\"Airbnb\", \"we\" or \"us\") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.airbnb.com, www.airbnb.de and www.airbnb.fr (collectively, the \"Site\") and our application for mobile devices (the \"Application\") .\nThis Privacy Policy applies only to information that you provide to us through the Site and Application.\nThis Privacy Policy may be updated from time to time.\nWe may update this Privacy Policy to reflect changes to our information practices.\nIf we make any material changes we will notify you by email (sent to the e-mail address specified in your Airbnb Account) or by means of a notice on the Site and Application prior to the change becoming effective.\nWe encourage you to periodically review this page for the latest information on our privacy practices.\nUnless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.airbnb.com/terms).</p>\n<p>As used in this policy, the terms \"using\" and \"processing\" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.</p>\n<p>\n<b>International Transfer</b>\n</p>\n<p>YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION.\nIF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, AIRBNB TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE.\nYOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.</p>\n<p>\n<b>Information Collection and Use</b>\n</p>\n<p>Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the \"Service\") and to enable users to enjoy and easily navigate the Site and Application.</p>\n<p>\n<b>Personally Identifiable Information</b>\n</p>\n<p>When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information.\nThis refers to information about you that can be used to contact or identify you (\"Identity Information\").\nIdentity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information.\nIn order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (\"Billing Information\") (Identity Information and Billing Information together, \"Personal Information\").\nIf the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information.\nSome Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth.\nWe reserve the right to require address confirmation for Accommodations included in Listings.\nIf we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Accommodation included in the applicable Listing.\nWe use your Personal Information to provide the Service and administer your inquiries.</p>\n<p>We collect Personal Information in connection with your registration to join the Service.\nYou can register to join via the Site or Application by completing the required forms.</p>\n<p>You can also register to join by logging into online accounts you may have with third party service providers (\"SNS\")(e.g.\nFacebook).\neach such account, a \"Third Party Account\", via our Site or Application as described below.\nAs part of the functionality of the Site, Service and Application, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Service or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by the applicable SNS.\nIf you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your \"real\" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Airbnb to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Airbnb Account and Airbnb Account profile page and you will become a Member.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Airbnb Account on the Site, Service and Application.\nIf there is information about your \"friends\" or people with whom you are associated in your Third Party Account, the information we obtain about those \"friends\" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.</p>\n<p>If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information).\nWe use this information to enable your participation in the Affiliate Program and to make payments related thereto.\nMore information on our Affiliate Program is accessible at http://www.airbnb.com/affiliates.</p>\n<p>We also collect the other information that you provide as part of registration and the administration and personalization of your Airbnb Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (\"Non-Identifying Information\").</p>\n<p>We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.</p>\n<p>Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.\nBut the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information).\nWe may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Airbnb Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used.\nWe may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.</p>\n<p>We also use your Personal Information to contact you with Airbnb newsletters, marketing or promotional materials and other information that may be of interest to you.\nIf you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your \"Notifications\" information.\n(See \"Changing or Deleting Information,\" below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service.\nyou may not opt out of these notifications.</p>\n<p>\n<b>Log Data</b>\n</p>\n<p>When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an \"Airbnb User\"), our servers automatically record information that your browser sends whenever you visit a website (\"Log Data\").\nThis Log Data may include information such as your computer's Internet Protocol (\"IP\") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics.\nWe use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs.\nWe also use this information to verify that visitors to the Site meet the criteria required to process their requests.\nWe do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.</p>\n<p>\n<b>Cookies</b>\n</p>\n<p>Like many websites, we use \"cookies\" to collect information.\nA cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.\nWe use cookies for two purposes.\nFirst, we utilize persistent cookies to save your login information for future logins to the Site and Application.\nSecond, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Airbnb Users and web traffic routing on the Site and Application.\nUnlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser.\nThird party advertisers on the Site and Application may also place or read cookies on your browser.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.</p>\n<p>\n<b>Web Beacons</b>\n</p>\n<p>Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients.\nThis allows us to gauge the effectiveness of our customer communications and marketing campaigns.</p>\n<p>\n<b>Emailing Via an Airbnb Account</b>\n</p>\n<p>As part of the Service, Airbnb Users may communicate with Airbnb Members through use of the \"Contact Host\" feature on the Site and Application.\nWhere Airbnb Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Airbnb to those email addresses on their behalf.\nThese email addresses will be used only for the purpose of sending the email communication to the addressee.\nVia the \"Contact Host\" feature of the Site and Application, you may also speak with other Airbnb Members over the phone.\nIn these instances, Airbnb will not share your phone number with the other Airbnb Member, but will use your phone number to contact you over the phone to connect you with the other Airbnb Member.</p>\n<p>If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address.\nWe will automatically send your friend a one-time email inviting him or her to visit the site.\nAirbnb stores this information for the sole purpose of sending this one-time email.</p>\n<p>Your friend may contact us to request that we remove this information from our database.</p>\n<p>You can import contacts from your email account address book to invite them to send you a recommendation.\nWe collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.</p>\n<p>\n<b>Phishing</b>\n</p>\n<p>Identity theft and the practice currently known as \"phishing\" are of great concern to Airbnb.\nSafeguarding information to help protect you from identity theft is a top priority.\nWe do not and will not, at any time, request your credit card information, your Airbnb Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.\nFor more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.</p>\n<p>\n<b>Information Sharing and Disclosure</b>\n</p>\n<p>\n<b>Overview</b>\n</p>\n<p>The Site, Application and Service can be used to facilitate the listing and booking of Accommodations.\nListings for such Accommodations are made available via the Site, Application and Service by Hosts.\nListings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Airbnb User.</p>\n<p>\n<b>Airbnb Members and Users</b>\n</p>\n<p>When you create an Airbnb Account, we will set up an Airbnb Account profile page for you.\nYour Airbnb Account profile page will include your first name and last initial.\nYou can select the other items of Personal Information that you wish to be included in your Airbnb Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Airbnb, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your \"Profile Information\").\nWe will display your Profile Information in your Airbnb Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites.\nAny information you choose to provide as part of your Profile Information will be publicly visible to all Airbnb Users and consequently should reflect how much you want other Airbnb Users to know about you.\nWe recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages.\nYou can review and revise your Profile Information at any time.</p>\n<p>\n<b>Listings</b>\n</p>\n<p>If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML \"widget\".\nWe may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.</p>\n<p>If you request to make a booking via the Site, Application and Service, Airbnb will share the following information about you with the applicable Host: (i) your first and last name, (ii) a link to your Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are \"friends\" or associated on the SNS if such individuals are also \"friends\" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to Airbnb when you became a Member matches the name that you provided to the SNSs to which you have linked your Airbnb Account.\nAll of this information will enable the Host to decide whether to confirm or reject your booking.\nWhen a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly.\nIn no event is a Guest's Billing Information shared with a Host.</p>\n<p>\n<b>Aggregate Information and Non-Identifying Information</b>\n</p>\n<p>We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.\nAny aggregated information shared in these contexts will not contain your Personal Information.</p>\n<p>\n<b>Service Providers</b>\n</p>\n<p>We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Airbnb Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used.\nThese third parties may have access to your Personal Information.\nif they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.\nWe may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.\nYou can, at any time, opt out of receiving such communications.\nThird party vendors, including Google, use cookies to serve ads based on an Airbnb User's prior visits to Airbnb.\nYou can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.</p>\n<p>\n<b>Compliance with Laws and Law Enforcement.\nGuarantee Program</b>\n</p>\n<p>Airbnb cooperates with government and law enforcement officials and private parties to enforce and comply with the law.\nWe will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Airbnb Host Guarantee www.airbnb.com/terms, to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>\n<b>Business Transfers</b>\n</p>\n<p>Airbnb may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.</p>\n<p>\n<b>Changing or Deleting Your Information</b>\n</p>\n<p>All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@airbnb.com or editing the relevant part of their profile.\nIf you would like us to cancel your Airbnb Account, please contact us or select the \"Cancel Account\" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Airbnb Account.\nPlease note that, if you cancel your Airbnb Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application.\nPlease see below for privacy contact information.</p>\n<p>\n<b>Security</b>\n</p>\n<p>Airbnb is very concerned with safeguarding your information.\nWhen you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).\nWe follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.\nNo method of transmission over the Internet, or method of electronic storage, is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our Site and Application, you can contact us.</p>\n<p>We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored \"personal data\" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.</p>\n<p>\n<b>Links to Other Websites</b>\n</p>\n<p>Our Site and Application contain links to other websites.\nIf you choose to visit an advertiser by \"clicking on\" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website.\nThe fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.\nWe do not exercise control over third party websites.\nThese other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.\nOther websites follow different rules regarding the use or disclosure of the personal information you submit to them.\nWe encourage you to read the privacy policies or statements of the other websites you visit.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, http://www.google.com/policies/privacy/</p>\n<p>\n<b>Testimonials</b>\n</p>\n<p>With your consent we may post your testimonial on the Site and Application along with your name.\nIf you want your testimonial removed please contact us.</p>\n<p>\n<b>Our Policy Toward Children</b>\n</p>\n<p>The Site and Application are not directed to individuals under 18.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us.\nIf we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.</p>\n<p>\n<b>Contacting Us</b>\n</p>\n<p>If you have any questions about this Privacy Policy, please visit our help center.\n</p> \n" - " Host Guarantee Terms and Conditions <p>Last Updated: May 22, 2012</p>\n<p>\n<b>AIRBNB HOST GUARANTEE TERMS AND CONDITIONS</b>\n</p>\n<p>Airbnb, Inc.\n(hereafter referred to as “<b>Airbnb</b>”, “<b>we</b>”, “<b>us</b>”, or “<b>our</b>”) provides an online platform that connects hosts (hereafter referred to as “<b>Host</b>,” “<b>you</b>,” or “<b>your</b>”) who have accommodations to rent with <b>Guests</b> (defined below) seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\n<br>Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Airbnb website or one hundred Listings on multiple Airbnb websites, you may benefit from the Airbnb Host Guarantee program (“<b>Airbnb Host Guarantee</b>”), the terms, limitations and conditions for which are set forth below (the “<b>Airbnb Host Guarantee Terms</b>”).\nPlease read these Airbnb Host Guarantee Terms carefully.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB HOST GUARANTEE TERMS.\nIf you accept or agree to these Airbnb Host Guarantee 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 Airbnb Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THIS AIRBNB HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES.\nYOUR FAILURE TO FULLY COMPLY WITH SUCH REQUIREMENTS AND CONDITIONS WILL ELIMINATE YOUR ENTITLEMENT TO BENEFITS UNDER THIS AIRBNB HOST GUARANTEE.</p>\n<p>PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “EXCLUDED ACCOMMODATION,” AND “EXCLUDED PROPERTY” BELOW.\nTHESE DEFINITIONS ARE ESPECIALLY SIGNIFICANT IF YOUR ACCOMMODATION IS A CONDOMINIUM, TOWNHOUSE, CO-OPERATIVE, APARTMENT, OR ANY OTHER UNIT IN A MULTIPLE-DWELLING STRUCTURE, COMPLEX, AND/OR DEVELOPMENT.\nTO THE EXTENT THIS HOST GUARANTEE COVERS REAL PROPERTY, IT COVERS ONLY REAL PROPERTY THAT YOU OWN.\nBECAUSE OF THE NUMEROUS VARIATIONS IN THE NATURE AND EXTENT OF OWNERSHIP INTEREST(S) IN MULTIPLE-DWELLING ARRANGEMENTS, AIRBNB STRONGLY RECOMMENDS THAT YOU CLOSELY REVIEW THE DOCUMENTS THAT GOVERN YOUR MULTIPLE-DWELLING ARRANGEMENT.\nTHAT YOU CONSULT WITH YOUR OWNERS’ ASSOCIATION OR OTHER GOVERNING BODY.\nAND THAT YOU CONSULT WITH YOUR INSURANCE BROKER, SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THIS HOST GUARANTEE.</p>\n<p>Except as permitted by law, these Airbnb Host Guarantee Terms do not affect your statutory rights.\nIf you would like a written copy of these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.</p>\n<p>\n<b>I.\nThe Airbnb Host Guarantee</b>\n</p>\n<p>Airbnb agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in this Airbnb Host Guarantee.</p>\n<p>\n<b>II.\nKey Defined Terms</b>\n</p>\n<p>The following capitalized terms shall have the meanings set forth below:</p>\n<p>“<b>Actual Cash Value</b>” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with property or material of like kind and quality, with proper deduction for obsolescence and physical depreciation.</p>\n<p>“<b>Airbnb Insurance</b>” means an insurance policy issued by an insurer to Airbnb pursuant to which Airbnb is insured against losses arising under this Airbnb Host Guarantee.</p>\n<p>“<b>Airbnb Host Guarantee Payment Request Form</b>” means Airbnb’s standard form as amended from time to time, accessible through the Site at http://www.airbnb.com/incidents/new, that a Host uses to request payment from Airbnb pursuant to these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Covered Accommodation</b>” means an accommodation that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation, (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the Airbnb Terms of Service, (iii) not an Excluded Accommodation, and consists of one of the following:</p>\n<p>\n</p>\n<ol>\n<li>\tA house, cottage or similar dwelling and other structure attached to or located on the real property on which such dwelling is located (such as a garage) and fixtures appurtenant thereto;</li>\n<br>\n<li>\tAn individual dwelling unit that is an apartment, condominium, townhouse, co-operative, or other unit within a multiple-dwelling structure, complex, or similar type development (each, a “<b>Dwelling Unit</b>”);</li>\n<br>\n<li>\tA motor vehicle rented through the Services and used solely for lodging purposes.\nor</li>\n<br>\n<li>\tA boat rented through the Services and used solely for lodging purposes.</li>\n</ol>\n<p>“<b>Covered Losses</b>” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest through the Services (other than and excluding Excluded Losses).</p>\n<p>“<b>Covered Property</b>” means and is limited to the following property to the extent of your interest in such property:</p>\n<p>\n</p>\n<ul>\n<li>A.\nReal property (which does not include Excluded Property or Covered Personal Property) that meets each of the following requirements (“<b>Covered Real Property</b>”):\n<br>\n<br>\n<ol>\n<li>\treal property that you own or control.\nand</li>\n<br>\n<li>\tconstitutes either (i) a Covered Accommodation, (ii) new buildings, structures and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest, and/or (iii) fixtures on such Covered Accommodation, including walls, windows, and doors that are part of such Covered Accommodation.</li>\n</ol>\n</li>\n<p>\n</p>\n<li>B.\nPersonal Property means and is limited to tangible personal property (which does not include Excluded Property or Covered Real Property) that meets each of the following requirements (“<b>Covered Personal Property</b>”): <p>\n</p>\n<ol>\n<li>\ttangible personal property that you own or for which you are legally responsible for physical loss or damage to such personal property, or are under an obligation to keep such property insured against physical loss or damage.\nand</li>\n<br>\n<li>\tconstitutes a Covered Accommodation (such as a motor vehicle or boat) or is located within such Covered Accommodation.</li>\n</ol>\n</li>\n</ul>\n<p>“<b>Excluded Accommodation</b>” means:</p>\n<p>\n</p>\n<ol>\n<li>\tany condominium, townhouse, co-operative, apartment, or other unit within a multiple-dwelling structure, complex, or similar type development to the extent owned in whole or in part by anyone other than you, and</li>\n<br>\n<li>\tany common area or easements in or associated with any Dwelling Unit located within a multiple-dwelling structure, complex, or similar type development, even if owned or partially owned by you, including any rights you or any other party may have to use or access such common area.</li>\n<br>\n<li>\tA motor vehicle, vessel or boat to the extent not stationary or used for a purpose other than lodging, including without limitation any use of such vehicle, vessel or boat for transportation purposes.</li>\n</ol>\n<p>“<b>Excluded Property</b>” means the following:</p>\n<p>\n</p>\n<ol>\n<li>\tCurrency, money, credit cards, debit cards, other charge cards, checks, negotiable instruments, precious metal in bullion form, notes, financial securities, and other financial instruments and products.</li>\n<br>\n<li>\tLand, water or any other substance in or on land.\nexcept this exclusion does not apply to land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property.</li>\n<br>\n<li>\tAnimals (including, but not limited to, livestock and pets).\nThis exclusion encompasses all losses of or injuries to animal, all losses due to veterinary care, boarding, medications, and all other services associated with animals.</li>\n<br>\n<li>\tStanding timber.\ngrowing crops.</li>\n<br>\n<li>\tWatercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites.\nThis watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation.\nHowever, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tMotor vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) belonging to you or your employees.\nThis exclusion does not apply with respect to any vehicle that is a Covered Accommodation.\nHowever, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tUnderground mines or mine shafts or any property within such mine or shaft.</li>\n<br>\n<li>\tDams, dikes and levees.</li>\n<br>\n<li>\tProperty in transit.</li>\n<br>\n<li>\tTransmission and distribution lines beyond 1,000 feet of the Covered Accommodation.</li>\n<br>\n<li>\tAny damage to any property that is not in or on a Covered Accommodation.</li>\n<br>\n<li>\tReal property owned by a party other than you and that you do not control, and personal property owned by a party other than you and for which you are not legally responsible.</li>\n<br>\n<li>\tJewelry (including watches, rings, necklaces, and other articles which reasonably considered an item of jewelry).</li>\n<br>\n<li>\tCollections and collectables (including, but not limited to) coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection).</li>\n<br>\n<li>\tFine Art or like articles which you received as a gift or donation.</li>\n<br>\n<li>\tFurs.</li>\n<br>\n<li>\tFood, liquor, wine, and other beverages.</li>\n<br>\n<li>\tFirearms and weapons.</li>\n<br>\n<li>\tReal property, except to the extent any such real property is expressly included in the definition of Covered Property.</li>\n<br>\n<li>\tAny property interest or ownership interest of a party other than you in or to an accommodation.</li>\n<br>\n<li>\tAny property interest or ownership interest of an association or similar body managing or governing the owners of a multiple-dwelling structure, complex, or similar type development.</li>\n</ol>\n<p>“<b>Fine Arts</b>” means paintings.\netchings.\npictures.\ntapestries.\nrare or art glass.\nart glass windows, valuable rugs.\nstatues.\nsculptures.\nantique furniture.\nantique jewelry.\nbric-a-brac.\nporcelains.\nand similar property of rarity, historical value, or artistic merit.\n“Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.</p>\n<p>“<b>Fine Arts Limit</b>” means two thousand U.S.\ndollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of five thousand U.S.\ndollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms).</p>\n<p>“<b>Guest</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who rents and stays on, at, or in a Covered Accommodation, for the period of the Listing.</p>\n<p>“<b>Host</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who lists his/her Covered Accommodation(s) on the Site.</p>\n<p>“<b>Invitee</b>” means a person invited to be present at a Covered Accommodation by a Responsible Guest.</p>\n<p>“<b>Limit</b>” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.</p>\n<p>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” process in the Airbnb Terms of Service.</p>\n<p>“<b>Original Cost</b>” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.</p>\n<p>“<b>Responsible Guest</b>” means the Guest to whom you, as a Host, rented the Covered Accommodation at which the Covered Property for which you request payment pursuant to these Airbnb Host Guarantee Terms is physically situated.</p>\n<p>\n<b>III.\nLimitations and Exclusions</b>\n</p>\n<p>The Airbnb Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following (“<b>Excluded Losses</b>”):</p>\n<p>Emotional distress or injury, and/or bodily injury or death from any cause.</p>\n<p>losses to Excluded Property.</p>\n<p>losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes.</p>\n<p>losses or damages arising out of, or resulting from, your acts or omissions (other than an error or unintentional omission in the description of the location of the Covered Accommodation).</p>\n<p>losses or damages for which you are compensated or reimbursed from a source other than Airbnb including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity.\n(ii) a security deposit.\nor (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.</p>\n<p>losses or damages for Covered Property at or located in a specific Covered Accommodation in excess of the Limit in any consecutive twelve (12) month period.\nWhether this 12-month limit applies to any given loss will be determined by adding the amounts of losses [if any] paid under this Host Guarantee in connection with the specific Covered Accommodation in the twelve (12) months immediately preceding the date of loss.</p>\n<p>losses or damages for Fine Arts located in a specific Covered Accommodation (i) in excess of the Fine Arts Limit, or (ii) received as a gift or donation.</p>\n<p>losses to Covered Property resulting from indirect or remote causes.</p>\n<p>interruption of business, loss of market, loss of reputation or goodwill, and/or loss of use.</p>\n<p>loss, damage, or deterioration arising from any delay.</p>\n<p>mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.</p>\n<p>loss from enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use, or removal, including debris removal, or any property, or (ii) requiring the demolition of any property, including the cost of removing its debris.</p>\n<p>loss from actual or threatened malicious use of poisonous biological or chemical materials.\nThis exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence, to the loss.</p>\n<p>losses due to acts of war or terrorism.</p>\n<p>losses due to nuclear reaction, nuclear radiation, or nuclear contamination.</p>\n<p>losses from hostile or warlike action.</p>\n<p>losses from dishonest acts, including, but not limited to, fraud, theft, committed by or in collusion with: (i) you.\n(ii) any of your proprietors, partners, directors, trustees, officers, or employees, or (iii) any person or entity retained by you to do anything in connection with Covered Property.</p>\n<p>losses due to violations of any law, regulation, or ordinance.</p>\n<p>losses caused by theft, unless the theft is committed by a Responsible Guest or an Invitee.</p>\n<p>losses caused by lack of any of the following services not at a Covered Accommodation: (i) incoming electricity, fuel, water, gas, steam, or refrigerant.\n(ii) outgoing sewage.\n(iii) incoming or outgoing voice, data, or video.</p>\n<p>losses from faulty workmanship, material, construction or design.</p>\n<p>losses from deterioration, depletion, rust, corrosion, erosion, wear and tear, inherent vice, or latent defect.</p>\n<p>losses from settling, cracking, shrinking, bulging, or expansion of foundation or any component thereof, floors, pavements, walls, ceilings, or roofs.\n<br>losses from changes of temperature or humidity.</p>\n<p>losses from insects, animals, or other vermin.\nThis exclusion applies to losses caused by pets, regardless of whether such pets are owned by you, a Guest, and Invitee, or any other person or entity.</p>\n<p>losses from mold, mildew, fungus, spores, or other microorganisms.</p>\n<p>losses caused by a Guest or Invitee after the expiration of the rental period shown in the applicable Listing.</p>\n<p>losses due to wear and tear.</p>\n<p>Losses arising from the loss of use of or loss of profit from Covered Property.</p>\n<p>\n<b>IV.\nConditions to the Airbnb Host Guarantee</b>\n</p>\n<p>IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT FROM AIRBNB UNDER THESE AIRBNB HOST GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS.\nYOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FROM AIRBNB FOR ANY COVERED LOSSES AND/OR ANY SUBMITTED CLAIMS.\nIN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE TO AIRBNB THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.</p>\n<p>You must have incurred Covered Losses.</p>\n<p>The Covered Losses for which you seek payment must be covered under Airbnb Insurance and payment to Airbnb under such Airbnb Insurance, and Airbnb in its sole discretion may make its payment of benefits under this Airbnb Host Guarantee Terms contingent upon the determination that any Covered Losses are covered under the Airbnb Insurance.</p>\n<p>You must have complied with the following safety conditions:</p>\n<p>You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Airbnb’s safety guidelines as described at http://www.airbnb.com/safety.</p>\n<p>You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.</p>\n<p>You must have provided the Responsible Guest with clear written instructions on how the Responsible Guest and any Invitees should conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.</p>\n<p>You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Airbnb Host Guarantee Payment Request Form with Airbnb within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation or (ii) the date by which the next subsequent rental of the same Covered Accommodation begins.</p>\n<p>You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses.\nIf you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek recovery to which you may be entitled, from any person or entity other than the Responsible Guest or Airbnb, with respect to such Covered Losses.</p>\n<p>For all Covered Property which is damaged or destroyed due to a violation or law or criminal act or misdemeanor and for which you are filing an Airbnb Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S.\ndollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Airbnb with a copy of such report, certified by you as true and correct.</p>\n<p>You must provide Airbnb with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.</p>\n<p>You must deliver a signed and sworn proof of loss to Airbnb within sixty (60) days after you have incurred the Covered Loss, unless such deadline is extended in writing by Airbnb.\nThe proof of loss must state your knowledge and belief as to the following:</p>\n<p>The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.</p>\n<p>The ownership, leasehold or other interest or you and all other parties in the Covered Property for which Covered Loss is claimed.</p>\n<p>The Actual Cash Value of each item of the Covered Property that is the subject to the Covered Loss and the amount of such loss or damage to each item of such Covered Property.\nand all liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.</p>\n<p>Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.</p>\n<p>The identity of and other information know about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.</p>\n<p>You must (i) protect and preserve damaged Covered Property from further loss or damages.\nand (ii) promptly separate the damaged and undamaged Covered Property.\nput it in the best possible order.\nand furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value, and amount of loss claimed.</p>\n<p>You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Airbnb’s insurer, (i) exhibit, to Airbnb, it’s insurer or their respective designee, all that remains of any damaged Covered Property.\n(ii) submit to examination under oath by any person designated by Airbnb or Airbnb’s insurer and sign the written records of examination.\nand (iii) produce for examination, at the request of Airbnb, its insurer or their respective designee, all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies of originals are lost).</p>\n<p>You must permit Airbnb or the designee(s) of Airbnb’s insurer to make inspections of Covered Property at all reasonable times.\nHowever, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Airbnb’s insurer to determine or warrant that damaged Covered Property is safe or healthful.\nAirbnb or Airbnb’s insurer will have no liability to you or any other person because of any inspection or failure to inspect.</p>\n<p>You must provide Airbnb with all information reasonably requested by Airbnb to enable it to determine the Actual Cash Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Fine Arts, evidence of the Original Cost of such Fine Arts article in the form of original receipts or other evidence of payment of the purchase price for such Fine Arts article, and the date on which such Fine Arts article was purchased or acquired by you, and (ii) for Covered Property (other than Fine Arts), evidence of the fair market value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.</p>\n<p>Upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest or other responsible party, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to Covered Losses for which you are requesting payment.</p>\n<p>You must cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests by Airbnb for additional information or documentation that Airbnb may require or request to process the applicable Airbnb Host Guarantee Payment Request Form.</p>\n<p>With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Airbnb with a copy of such notice.\nIf the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Airbnb in writing of the lender/mortgagee’s request and transmit a written copy of said request to Airbnb, and provide all other information to enable Airbnb to communicate directly with the lender.\nIf such loss is determined to be a Covered Loss, Airbnb will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied.\nThis condition shall apply to the extent of applicable law in your jurisdiction.</p>\n<p>\n<b>V.\nDisposition of Host Payment Requests</b>\n</p>\n<p>Airbnb Host Guarantee Payment Request Form</p>\n<p>Airbnb will complete its processing of any Airbnb Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Airbnb Host Guarantee Payment Request Form, and (b) provided Airbnb with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Airbnb Host Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Airbnb Host Guarantee Payment Request Form within three (3) months after Airbnb’s receipt of such documents and information.\nIf you receive an Approved Payment Request (as defined below), then as a condition to Airbnb’s obligation to make payment to you, you will be required to execute and deliver to Airbnb the “Airbnb Host Guarantee Approved Payment Request Agreement”, which includes your agreement: (i) to assign to Airbnb or its insurer any rights and remedies you may have to recover amounts paid by Airbnb to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.\n(ii) to reasonably cooperate with Airbnb, including, at Airbnb’s request, appearing as a witness in any court, arbitration or like proceeding, if Airbnb seeks to recover the amount paid by Airbnb to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party.\n(iii) to release and hold harmless Airbnb and its insurer and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Airbnb Host Guarantee Payment Request Form.\n(iv) to treat as “confidential information” the contents and existence of such Airbnb Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement.\nand (v) to refund to Airbnb any amounts that are erroneously paid by Airbnb to you with respect to an Approved Payment Request, such determination by Airbnb to be based upon factors including, but not limited to, documentation in Airbnb’s possession, your actions, and police reports, if applicable.</p>\n<p>The duration of Airbnb’s processing period of any Airbnb Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss.\n(ii) the location of the Covered Accommodation.\n(iii) the nature of the Covered Property and the nature of the Covered Losses.\n(iv) the completeness and type of documentation and information that you provide Airbnb regarding the Covered Losses.\nand (v) the number of Airbnb Host Guarantee Payment Request Forms that Airbnb is then currently processing for other Hosts.</p>\n<p>\n<i>Approved Payment Request</i>\n</p>\n<p>If you have filed an Airbnb Host Guarantee Payment Request form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “<b>Approved Payment Request</b>”), Airbnb will pay you the amount of the Covered Loss as determined below under “Determination of the Amount of the Covered Loss”.\nYou will be notified by Airbnb and, as a condition of payment hereunder, you will be required to deliver to Airbnb an executed Approved Payment Request Agreement.\nAirbnb may use third party service providers to assist in the processing of the Airbnb Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.</p>\n<p>For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, Airbnb reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property.\nIf Airbnb pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled.\nFor clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Airbnb pursuant to these Airbnb Host Guarantee Terms, including without limitation any payments made by Airbnb directly to the owner of any Covered Property.</p>\n<p>\n<i>Determination of the Amount of the Covered Loss</i>\n</p>\n<p>You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold.\nCovered Property reasonably judged by you to be unfit for [reprocessing] or sale will not be sold or disposed of except by you or with your consent.\nProceeds from the sale or other disposition of Covered Property will go to (i) Airbnb at the time of the loss settlement, or (ii) you if such proceeds are received prior to loss settlement and such proceeds will reduce the amount of the loss payable to you.</p>\n<p>You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged.</p>\n<p>Amount of Covered Losses will be computed by Airbnb as of the date of loss, at the location of the loss, subject to the following:</p>\n<p>A.\nOn exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation.\nCosts of research, engineering, or restoring or recreating lost information will not be paid.</p>\n<p>B.\nOn Fine Arts, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss.\n(ii) the cost to replace the article.\n(iii) the current appraised value.\nor (iv) if the Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, repaired, or restored to its immediate pre-loss condition, you will receive the full value of the pair or set or the current appraised value, whichever is less, provided that you surrender the pair or set to Airbnb’s insurer.</p>\n<p>C.\nFor all Covered Property (other than that described in paragraphs A and B above), the lesser of: (i) the cost to repair such damaged Covered Property.\n(ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality.\n(iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss.\n(iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents and improvement in function and/or forms part of a program of system enhancement.\nor (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.</p>\n<p>D.\nAny amount of any Covered Losses payable by Airbnb under this Airbnb Host Guarantee will be reduced by the amount paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party).</p>\n<p>Covered Losses will be paid in the currency of the United States of America unless, in Airbnb’s sole discretion, Airbnb elects to pay losses in a different currency.\nIf currency conversions are required, rates exchange will be calculated based on those published in the Wall Street Journal.</p>\n<p>AIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MAKE AIRBNB’S PAYMENT FOR LOSSES CONTINGENT UPON THE ACCEPTANCE AND PAYMENT OF A COVERED LOSS UNDER THE AIRBNB INSURANCE.\nAIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO PAY A HOST FOR A COVERED LOSS BEFORE THE INSURER OF SUCH AIRBNB INSURANCE ACCEPTS SUCH CLAIM AND/OR PAYS AIRBNB FOR THE CLAIM, OR TO DEFER PAYMENT TO YOU UNTIL THE INSURER ACCEPTS THE CLAIM AND/OR PAYS AIRBNB FOR SUCH COVERED LOSS IN ACCORDANCE WITH THE AIRBNB INSURANCE.</p>\n<p>YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE AIRBNB INSURANCE POLICY.\nAIRBNB IS NOT CHARGING YOU FOR THIS AIRBNB HOST GUARANTEE OR FOR ANY PORTION OF AIRBNB’S INSURANCE PREMIUM UNDER THE AIRBNB INSURANCE.\nTO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORD BY THE AIRBNB HOST GUARANTEE, AIRBNB STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT AIRBNB OR IT’S INSURER DECLINES COVERAGE FOR CLAIMS UNDER THIS AIRBNB HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THIS AIRBNB HOST GUARANTEE.</p>\n<p>\n<b>VI.\nAcknowledgments and Agreements by the Host</b>\n</p>\n<p>You acknowledge and agree that:</p>\n<p>This Airbnb Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring that your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>Airbnb provides Hosts with the Airbnb Host Guarantee benefits described herein free of charge solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.</p>\n<p>These Airbnb Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Airbnb Host Guarantee.\nFurthermore, these Airbnb Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.</p>\n<p>The benefits provided under these Airbnb Host Guarantee Terms are solely as set forth in the paragraph entitled “Airbnb Host Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.</p>\n<p>Airbnb and/or its insurer reserve the right to independently investigate (or to have independently investigated) at Airbnb’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Airbnb Host Guarantee Payment Request Form that you file with Airbnb, notwithstanding your delivery of all information and materials that you are required to provide Airbnb in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Airbnb Host Guarantee,” and regardless of the impact that Airbnb’s exercise of the rights described herein will have on the time it will take for Airbnb to complete processing such request form.</p>\n<p>Airbnb reserves the right, at any time, to offset or deduct from the amounts payable or paid by Airbnb to you under these Airbnb Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.</p>\n<p>Because these Airbnb Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies.\nThus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guaranty obligation under these Airbnb Host Guarantee Terms.</p>\n<p>\n<b>VII.\nModification or Termination of Airbnb Host Guarantee Terms</b>\n</p>\n<p>To the extent permissible by applicable law in your jurisdiction, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms, at any time, in its sole discretion, and without prior notice.\nIf Airbnb terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will provide you with notice of such termination and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Airbnb Host Guarantee Payment Request Forms will immediately terminate.\nIf Airbnb modifies these Airbnb Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification.\nBy continuing to access or use the Site, Application or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Host Guarantee Terms.\nIf the modified Airbnb Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Host.</p>\n<p>In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Airbnb Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction.\n(ii) Airbnb is required to obtain a license or permit of any kind to continue to provide these Airbnb Host Guarantee Terms in any jurisdiction.\nor (iii) Airbnb determines or a court or arbitrator holds that the provisions of the Airbnb Host Guarantee Terms violate applicable law.\nIf Airbnb modifies or terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will process all Airbnb Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.</p>\n<p>Airbnb’s obligations hereunder are contingent upon the availability of insurance proceeds under Airbnb’s insurance policy.\nThe applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host listed the Covered Accommodation.\nIf the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Guest’s stay, Airbnb will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.</p>\n<p>\n<b>VIII.\nSubrogation</b>\n</p>\n<p>Airbnb and/or Airbnb’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you.\nFurther, you hereby agree that, with respect to any payments made under this Airbnb Host Guarantee by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.</p>\n<p>\n<b>IX.\nDisclaimers and Limitations of Liability</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK.\nTHE AIRBNB HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE AIRBNB HOST GUARANTEE WILL MEET YOUR REQUIREMENTS.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>\n<p>EXCEPT FOR AIRBNB’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE AIRBNB HOST GUARANTEE TERMS, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>\n<p>\n<b>X.\nGeneral Provisions</b>\n</p>\n<p>\n<i>Indemnification</i>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Airbnb Host Guarantee Terms.</p>\n<p>If you rent (rather than own) the accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation.\nYou are fully responsible for securing the lessor’s permission to list the accommodation with Airbnb and complying with the scope of any permission granted.</p>\n<p>\n<i>Entire Agreement </i>\n</p>\n<p>These Airbnb Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Airbnb Host Guarantee and these Airbnb Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding the Airbnb Host Guarantee.</p>\n<p>\n<i>Assignment</i>\n</p>\n<p>You may not assign or transfer these Airbnb Host Guarantee Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Airbnb Host Guarantee Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Airbnb Host Guarantee Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Airbnb Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<i>Notices</i>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Host Guarantee Terms, will be in writing and given by Airbnb (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<i>Controlling Law</i>\n</p>\n<p>These Airbnb Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.</p>\n<p>\n<i>Dispute Resolution</i>\n</p>\n<p>General.\nYou and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Airbnb Host Guarantee Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/si.asp?id=3477 and a separate form for California residents at http://www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Arbitration Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification or Termination of Airbnb Host Guarantee Terms” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms).</p>\n<p>\n<i>Waiver and Severability</i>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Airbnb Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Airbnb Host Guarantee Terms, the exercise by either party of any of its remedies under these Airbnb Host Guarantee Terms will be without prejudice to its other remedies under these Airbnb Host Guarantee Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Host Guarantee Terms will remain in full force and effect.</p>\n<p>\n<b>XI.\nContacting Airbnb</b>\n<br>If you have any questions about these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.\n</p> \n" name: - Privacy Policy - Host Guarantee Terms and Conditions xpath: - "//div[@id='privacy-tab-pane']" - "//div[@id='guarantee-tab-pane']" updated_at: - 2018-07-17 10:13:05.904939000 Z - 2018-07-17 10:13:06.008485649 Z
someone: 17/07/18 - 10:13
--- text: - " Terms of Service <p>PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.\nTHESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.</p>\n<p>Last Updated: May 22, 2012</p>\n<p>Airbnb, Inc.\n(hereafter referred to as \"<b>Airbnb</b>\", \"<b>we</b>\", \"<b>us</b>\", or \"<b>our</b>\") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\nBy using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (\"<b>Terms</b>\"), whether or not you become a registered user of the Services.\nThese Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Airbnb.\nPlease read carefully these Terms and our Privacy Policy, which may be found at http://www.airbnb.com/terms, and which is incorporated by reference into these Terms.\nIf you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application.\nFailure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.</p>\n<p>THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS.\nYOU UNDERSTAND AND AGREE THAT AIRBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS AIRBNB A REAL ESTATE BROKER, AGENT OR INSURER.\nAIRBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.</p>\n<p>\n<b>Key Terms </b>\n<br>“<b>Airbnb Content</b>” means all Content that Airbnb makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.\n<br>“<b>Collective Content</b>” means Member Content and Airbnb Content.\n<br>“<b>Content</b>” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.\n<br>“<b>Guest</b>” means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.\n<br>“<b>Host</b>” means a Member who creates a Listing via the Site, Application and Services.\n<br>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.\n<br>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.\n<br>“<b>Member Content</b>” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.\n<br>“<b>Tax</b>” or “<b>Taxes</b>” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.\n<br>Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.\nIf there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION.\nIF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.\nIf you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>\n<b>Modification</b>\n<br>Airbnb reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.\nIf we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification.\nWe will also update the “Last Updated Date” at the top of these Terms.\nBy continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.\nIf the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.</p>\n<p>\n<b>Eligibility</b>\n<br>The Site, Application and Services are intended solely for persons who are 18 or older.\nAny access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited.\nBy accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.\n<br>How the Site, Application and Services Work\n<br>The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”).\nSuch Accommodations are included in Listings on the Site, Application and Services by Hosts.\nYou may view Listings as an unregistered visitor to the Site, Application and Services.\nhowever, if you wish to book an Accommodation or create a Listing, you must first register to create an Airbnb Account (defined below).\n<br>As stated above, Airbnb makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations.\nAirbnb is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Airbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services.\nAirbnb’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.</p>\n<p>PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS.\nAIRBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS.\nAIRBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS.\nACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.</p>\n<p>\n<b>Account Registration</b>\n<br>In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“<b>Airbnb Account</b>”) and become a Member.\nYou may register to join the Services directly via the Site or Application or as described in this section.</p>\n<p> You can also register to join by logging into your account with certain third party social networking sites (“<b>SNS</b>”) (including, but not limited to, Facebook).\neach such account, a “<b>Third Party Account</b>”, via our Site or Application, as described below.\nAs part of the functionality of the Site, Application and Services, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Services or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by such third party service providers.\nBy granting Airbnb access to any Third Party Accounts, you understand that Airbnb will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“<b>SNS Content</b>”) so that it is available on and through the Site, Services and Application via your Airbnb Account and Airbnb Account profile page.\nUnless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Airbnb Account on the Site, Services and Application.\nPlease note that if a Third Party Account or associated service becomes unavailable or Airbnb’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.\nYou have the ability to disable the connection between your Airbnb Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.\nPLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.\nAirbnb makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Airbnb is not responsible for any SNS Content.</p>\n<p>We will create your Airbnb Account and your Airbnb Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.\nYou may not have more than one (1) active Airbnb Account.\nYou agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.\nAirbnb reserves the right to suspend or terminate your Airbnb Account and your access to the Site, Application and Services if you create more than one (1) Airbnb Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.\nYou are responsible for safeguarding your password.\nYou 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 Airbnb Account, whether or not you have authorized such activities or actions.\nYou will immediately notify Airbnb of any unauthorized use of your Airbnb Account.</p>\n<p>\n<b>Accommodation Listings </b>\n</p>\n<p>As a Member, you may create Listings.\nTo this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms.\nIn order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses.\nListings will be made publicly available via the Site, Application and Services.\nOther Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing.\nYou understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.</p>\n<p>You acknowledge and agree that you are responsible for any and all Listings you post.\nAccordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.\nPlease note that Airbnb assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.\nAirbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Airbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.</p>\n<p>You understand and agree that Airbnb does not act as an insurer or as a contracting agent for you as a Host.\nIf a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Airbnb is not a party thereto.\nNotwithstanding the foregoing, Airbnb serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.</p>\n<p>When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation.\nAny Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.\nMore information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.</p>\n<p>If you are a Host, Airbnb makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation.\nYou acknowledge and agree that, 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 Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)</p>\n<p>Airbnb recommends that Hosts obtain appropriate insurance for their Accommodations.\nPlease review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.</p>\n<p>\n<b>No Endorsement</b>\n</p>\n<p>Airbnb does not endorse any Members or any Accommodations.\nIn addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity.\nYou are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.\nExcept as provided in the Airbnb Host Guarantee Terms and Conditions (“<b>Airbnb Host Guarantee</b>”), which is an agreement between Airbnb and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members.\n(Please see Airbnb’s Host Guarantee Terms and Conditions at www.airbnb.com/terms for information about the Airbnb Host Guarantee.)</p>\n<p>By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Airbnb with respect to such actions or omissions.\nAccordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.\nThis limitation shall not apply to any claim by a Host against Airbnb regarding the remittance of payments received from a Guest by Airbnb on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.</p>\n<p>\n<b>Bookings and Financial Terms</b>\n</p>\n<p>\n<u>Bookings and Financial Terms for Hosts</u>\n<br>If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the booking request will be automatically cancelled.\nWhen a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Airbnb when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Airbnb Account, so that you can view such information before confirming or rejecting the booking.\nIf you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Airbnb for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released.\nWhen you confirm a booking requested by a Guest, Airbnb will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.</p>\n<p>The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees.\nThe Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “<b>Total Fees</b>”.\nThe amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “<b>Accommodation Fees</b>”.\nPlease note that it is the Host and not Airbnb which determines the Accommodation Fees.\nThe Accommodation Fee may include a cleaning fee, at the Host’s discretion.</p>\n<p>Airbnb charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “<b>Guest Fees</b>”.\nThe Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing.\nAirbnb will collect the Total Fees at the time of booking confirmation (i.e.\nwhen the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less Airbnb’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).</p>\n<p>Appointment of Airbnb as Payment Agent for Host\n<br>Each Host hereby appoints Airbnb as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host.\nEach Host agrees that payment made by a Guest to Airbnb shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees.\nEach Host agrees that, Airbnb may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.\nIn accepting appointment as the limited authorized agent of the Host, Airbnb assumes no liability for any acts or omissions of the Host.</p>\n<p>Please note that Airbnb does not currently charge fees for the creation of Listings.\nHowever, you acknowledge and agree that Airbnb reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.\nPlease note that Airbnb will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.</p>\n<p>Bookings and Financial Terms for Guests\n<br>The Hosts, not Airbnb, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services.\nIf you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.\nYou acknowledge and agree that you, and not Airbnb, will be responsible for performing the obligations of any such agreements, that Airbnb is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Airbnb disclaims all liability arising from or related to any such agreements.\nYou acknowledge and agree that, notwithstanding the fact that Airbnb is not a party to the agreement between you and the Host, Airbnb acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host.\nUpon your payment of amounts to Airbnb which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Airbnb is responsible for remitting such amounts, less Airbnb’s Host Fees, to the Host.\nIn the event that Airbnb does not remit any such amounts to a Host, such Host will have recourse only against Airbnb.</p>\n<p>Listings for Accommodations will specify the Total Fees.\nAs noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the requested booking will be automatically cancelled.\nIf a requested booking is cancelled (i.e.\nnot confirmed by the applicable Host), any amounts collected by Airbnb will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.</p>\n<p>You agree to pay Airbnb for the Total Fees for any booking requested in connection with your Airbnb Account if such requested bookings are confirmed by the applicable Host.\nIn order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Airbnb, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g.\none euro or one British pound) to verify your credit card.\nOnce Airbnb receives confirmation of your booking from the applicable Host, Airbnb will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing.\nPlease note that Airbnb cannot control any fees that may be charged to a Guest by his or her bank related to Airbnb’s collection of the Total Fees, and Airbnb disclaims all liability in this regard.</p>\n<p>In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Airbnb or its third party payment processor.\nYou agree to pay Airbnb for any confirmed bookings made in connection with your Airbnb Account in accordance with these Terms by one of the methods described on the Site or Application – e.g.\nby PayPal or credit card.\nYou hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Airbnb or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.\nYou also authorize Airbnb to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable.\nIf you are directed to Airbnb’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.\nPlease review such terms and conditions and privacy policy before using the services.\nOnce your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.</p>\n<p>\n<b>Security Deposits</b>\n</p>\n<p>Hosts may choose to include security deposits in their Listings (“<b>Security Deposits</b>”).\nEach Listing will describe whether a Security Deposit is required for the applicable Accommodation.\nIf a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Airbnb will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation.\nAirbnb will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Airbnb is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.</p>\n<p>\n<b>Service Fees</b>\n</p>\n<p>In consideration for providing the Services, Airbnb collects service fees from Hosts and Guests (“<b>Service Fees</b>”).\nService Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“<b>Host Fees</b>”).\nWhere applicable, Taxes may also be charged in addition to the Host Fees.\nHost Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation.\nGuest Fees are, as noted above, included in the Total Fees.\n<br>Balances will be remitted by Airbnb to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services.\nPlease note that for any payments by Airbnb in currencies other than U.S.\ndollars, Airbnb may deduct foreign currency processing costs from such payments.\nMore information on foreign currency processing cost deductions will be available via the Site and Application.\nMore information on Services Fees can be found at HYPERLINK \"http://www.airbnb.com/help/topic/hosting\" http://www.airbnb.com/help/topic/hosting.\nExcept as otherwise provided herein, Service Fees are non-refundable.</p>\n<p>\n<b>General Booking and Financial Terms</b>\n</p>\n<p>Cancellations and Refunds\n<br>If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Airbnb will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.\nIf, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation.\nOur ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.\nDetails regarding refunds and cancellation policies are available via the Site and Application.</p>\n<p>If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Airbnb will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Airbnb containing alternative Listings and other related information.\nIf the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Airbnb the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.\nIf a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Airbnb, please contact Airbnb at http://www.airbnb.com/home/contact.</p>\n<p>Recurring Payments\n<br>In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “<b>Recurring Payments</b>”).\nMore information on Recurring Payments will be made available via the Site, Application and Services, if applicable.\nIf Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Airbnb, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.</p>\n<p>Donations\n<br>Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity.\nWe do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.</p>\n<p>Taxes\n<br>IRS regulation, regarding federal tax reporting requirements, stipulates that Airbnb must collect IRS Form W-9 from all property owners in the United States.\nYou understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.\nAirbnb cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.\nAdditionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.\nWhere applicable, or based upon request from a Host, Airbnb may issue a valid VAT invoice to such Host.</p>\n<p>Foreign Currency\n<br>As part of the Services, Airbnb provides a feature through which Members may view Total Fees for various Listings in foreign currencies.\nYou understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings.\nIf you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host.\nThe currency in which you will be charged will be determined by Airbnb based on the payment method you select and the location of the Accommodation in the Listing you are booking.\nIf the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Airbnb will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Airbnb has uploaded to the Site as of the date and time that your booking is confirmed (the “<b>Applicable Exchange Rate</b>”).\nYou acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Airbnb updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.\nand (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.\nFor the avoidance of doubt, Airbnb will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Airbnb makes payment to a Host.</p>\n<p>Damage to Accommodations\n<br>As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived.\nYou acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.\nIn the event that a Host claims otherwise 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.\nAfter being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Airbnb Account.\nAirbnb also reserves the right to charge the credit card on file in your Airbnb Account, or otherwise collect payment from you and pursue any avenues available to Airbnb in this regard, including using Security Deposits, in situations in which you have been determined, in Airbnb’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee, and in relation to any payments made by Airbnb to Hosts.\nIf we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Airbnb (if applicable).</p>\n<p>Both Guests and Hosts agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Airbnb Host Guarantee) or with respect to any investigation undertaken by Airbnb or a representative of Airbnb regarding use or abuse of the Site, Application or the Services.\nIf you are a Guest, upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to losses for which the Host is requesting payment from Airbnb under the Airbnb Host Guarantee.</p>\n<p>If you are a Guest, you understand and agree that Airbnb reserves the right, in its sole discretion, to make 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 to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Airbnb under the Airbnb Host Guarantee.) You agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information as may be reasonably requested by Airbnb 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 Airbnb may reasonably request to assist Airbnb in accomplishing the foregoing.</p>\n<p>\n<b>User Conduct</b>\n</p>\n<p>You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content.\nIn connection with your use of our Site, Application and Services, you may not and you agree that you will not:</p>\n<p>\n</p>\n<ul>\n<br>\n<li>violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;</li>\n<br>\n<li>use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;</li>\n<br>\n<li>use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;</li>\n<br>\n<li>copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;</li>\n<br>\n<li>infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;</li>\n<br>\n<li>interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;</li>\n<br>\n<li>use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;</li>\n<br>\n<li>use our Site, Application or Services in connection with the distribution of unsolicited commercial email (\"spam\") or advertisements unrelated to lodging in a private residence;</li>\n<br>\n<li>\"stalk\" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Airbnb Guest or Host;</li>\n<br>\n<li>offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);</li>\n<br>\n<li>offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;</li>\n<br>\n<li>register for more than one Airbnb Account or register for an Airbnb Account on behalf of an individual other than yourself;</li>\n<br>\n<li>contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;</li>\n<br>\n<li>contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;</li>\n<br>\n<li>when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Airbnb, without Airbnb’s prior written approval;</li>\n<br>\n<li>impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;</li>\n<br>\n<li>use automated scripts to collect information or otherwise interact with the Site, Application or Services;</li>\n<br>\n<li>use the Site, Application and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Airbnb’s provision of the Services;</li>\n<br>\n<li>as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;</li>\n<br>\n<li>or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.\n(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.\n(iii) is fraudulent, false, misleading or deceptive.\n(iv) is defamatory, obscene, pornographic, vulgar or offensive.\n(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.\n(vi) is violent or threatening or promotes violence or actions that are threatening to any other person.\nor (vii) promotes illegal or harmful activities or substances;</li>\n<br>\n<li>systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;</li>\n<br>\n<li>use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Airbnb’s name, any Airbnb trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Airbnb’s express written consent;</li>\n<br>\n<li>access, tamper with, or use non-public areas of the Site or Application, Airbnb’s computer systems, or the technical delivery systems of Airbnb’s providers;</li>\n<br>\n<li>attempt to probe, scan, or test the vulnerability of any Airbnb system or network or breach any security or authentication measures;</li>\n<br>\n<li>avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airbnb or any of Airbnb’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;</li>\n<br>\n<li>forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;</li>\n<br>\n<li>attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content.\nor\n<br>advocate, encourage, or assist any third party in doing any of the foregoing.</li>\n<br>\n</ul>\n<p>Airbnb will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.\nAirbnb may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.\nYou acknowledge that Airbnb has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.\nAirbnb reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airbnb, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.\n<br>\n<b>Privacy</b>\n</p>\n<p>See Airbnb’s Privacy Policy at http://www.airbnb.com/terms and for information and notices concerning Airbnb’s collection and use of your personal information.</p>\n<p>\n<b>Ownership</b>\n</p>\n<p>The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries.\nYou acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Airbnb and its licensors.\nYou will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.</p>\n<p>\n<b>Airbnb Referral Program</b>\n</p>\n<p>As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “<b>Referral Program</b>”, which is a loyalty program we offer to our Members.\nIf you choose to participate in the Referral Program, for each friend you refer to Airbnb for which a Qualifying Referral (defined below) is completed, you may be able to receive Airbnb Travel Credits (defined below) (each a “<b>Referral Reward</b>”).\n“<b>Airbnb Travel Credits</b>” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.</p>\n<p>In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “<b>Qualifying Referral</b>”): (i) you must log in to your Airbnb Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link.\n(ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends.\nor by using the other tools provided by Airbnb to share the unique referral link with friends.\n(iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Airbnb Account and become a Member.\nand (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least seventy-five dollars ($75) that is not subsequently cancelled.\nPlease note that you may not be the Host or the Guest for the booking to receive a Referral Reward.</p>\n<p>Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Airbnb Account in a commercially reasonable amount of time after the Qualifying Referral has been completed.\nThe Referral Rewards you accrue will be displayed in your Airbnb Account profile page.\nReferral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Airbnb Account.\nReferral Rewards accrued in multiple Airbnb Accounts may not be combined into one Airbnb Account.\nYou may not earn Referral Rewards by creating multiple Airbnb Accounts.\nBy acquiring Referral Rewards, you agree and acknowledge that Airbnb is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property.\nYou may not obtain any cash or money in exchange for Referral Rewards.\nExcept as explicitly provided herein, Referral Rewards are non-transferable.\nMembers are responsible for keeping track of the Referral Rewards in their Airbnb Accounts.</p>\n<p>\n<b>Specific Terms Regarding Airbnb Travel Credits</b>\n</p>\n<p>Airbnb Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Airbnb Travel Credits, such Airbnb Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services.\nYou may only redeem Airbnb Travel Credits after the Airbnb Travel Credits are reflected in your Airbnb Account.\nThe scope, variety, and type of services and products that you may obtain by redeeming Airbnb Travel Credits can change at any time.</p>\n<p>Airbnb Travel Credits expire one (1) year from the date that any Airbnb Travel Credits are last accrued in your Airbnb Account.\nAirbnb will notify you at the email address you provided during Account registration within thirty (30) days of when the Airbnb Travel Credits in your Airbnb Account are scheduled to expire.\nIf for some reason you believe that there is a discrepancy regarding your balance of Airbnb Travel Credits, please contact us at terms@airbnb.com.\nAirbnb may require to you to submit additional information in order to make a determination regarding your balance.\nAll decisions regarding your balance will be final and at Airbnb’s sole discretion.\nYou are responsible for any Tax consequences, if any, that may result from your redemption or use of Airbnb Travel Credits.\nWhere applicable, Airbnb may be required to account for VAT on any services for which the Airbnb Travel Credits are redeemed.</p>\n<p>Without limiting any other terms of these Terms and subject to applicable law, all Airbnb Travel Credits are forfeited if your Airbnb Account is terminated or suspended for any reason, in Airbnb’s sole discretion, or if Airbnb discontinues providing the Site, Application, Services or the Referral Program.</p>\n<p>\n<b>Application License</b>\n</p>\n<p>Subject to your compliance with these Terms, Airbnb grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.\nFurthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.\nAirbnb reserves all rights in the Application not expressly granted to you by these Terms.</p>\n<p>\n<b>Airbnb Content and Member Content License</b>\n</p>\n<p>Subject to your compliance with the terms and conditions of these Terms, Airbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Airbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.\nYou have no right to sublicense the license rights granted in this section.</p>\n<p>You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.\nNo licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.</p>\n<p>\n<b>Member Content</b>\n</p>\n<p>We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.\nBy making available any Member Content on or through the Site, Application and Services, you hereby grant to Airbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services.\nAirbnb does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.</p>\n<p>You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services.\nAccordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Airbnb the rights in such Member Content, as contemplated under these Terms.\nand (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airbnb’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.</p>\n<p>\n<b>Links</b>\n</p>\n<p>The Site, Application and Services may contain links to third-party websites or resources.\nYou acknowledge and agree that Airbnb is not responsible or liable for: (i) the availability or accuracy of such websites or resources.\nor (ii) the content, products, or services on or available from such websites or resources.\nLinks to such websites or resources do not imply any endorsement by Airbnb of such websites or resources or the content, products, or services available from such websites or resources.\nYou acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.</p>\n<p>\n<b>Proprietary Rights Notices</b>\n</p>\n<p>All trademarks, service marks, logos, trade names and any other proprietary designations of Airbnb used herein are trademarks or registered trademarks of Airbnb.\nAny other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.</p>\n<p>\n<b>Feedback</b>\n</p>\n<p>We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“<b>Feedback</b>”).\nYou may submit Feedback by emailing us at terms@airbnb.com or through the “Contact” (www.airbnb.com/contact) section of the Site and Application.\nYou acknowledge and agree that all Feedback will be the sole and exclusive property of Airbnb and you hereby irrevocably assign to Airbnb and agree to irrevocably assign to Airbnb all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.\nAt Airbnb’s request and expense, you will execute documents and take such further acts as Airbnb may reasonably request to assist Airbnb to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.</p>\n<p>\n<b>Copyright Policy</b>\n</p>\n<p>Airbnb respects copyright law and expects its users to do the same.\nIt is Airbnb’s policy to terminate in appropriate circumstances the Airbnb Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.\nPlease see Airbnb’s Copyright Policy at www.airbnb.com/terms, for further information.</p>\n<p>\n<b>Termination and Airbnb Account Cancellation</b>\n</p>\n<p>We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Airbnb Account.\nUpon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you.\nIn the event Airbnb terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Airbnb Account you will remain liable for all amounts due hereunder.\nYou may cancel your Airbnb Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@airbnb.com.\nPlease note that if your Airbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.</p>\n<p>\n<b>Disclaimers</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK.\nYOU ACKNOWLEDGE AND AGREE THAT AIRBNB DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.\nAIRBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF AIRBNB TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.\n<br>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.\n<br>YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS.\nYOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS.\nAIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.\nYOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB.\nNOTWITHSTANDING AIRBNB’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.</p>\n<p>\n<b>Limitation of Liability</b>\n</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AIRBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.\n<br>EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE AIRBNB HOST GUARANTEE, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>\n<p>\n<b>Indemnification</b>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms.\n(b) your Member Content.\n(c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any Airbnb Travel Credits.</p>\n<p>\n<b>Export Control and Restricted Countries</b>\n</p>\n<p>You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.\nIn particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries.\nor (b) to anyone on the U.S.\nTreasury Department’s list of Specially Designated Nationals or the U.S.\nDepartment of Commerce’s Denied Person’s List or Entity List.\nBy using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S.\nGovernment embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country and (ii) you are not listed on any U.S.\nGovernment list of prohibited or restricted parties.\nYou also will not use the Site, Application and Services for any purpose prohibited by U.S.\nlaw, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.\nAirbnb does not permit Listings associated with certain countries due to U.S.\nembargo restrictions.</p>\n<p>\n<b>Accessing and Downloading the Application from iTunes</b>\n</p>\n<p>The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):</p>\n<p>You acknowledge and agree that (i) these Terms are concluded between you and Airbnb only, and not Apple, and (ii) Airbnb, not Apple, is solely responsible for the App Store Sourced Application and content thereof.\nYour use of the App Store Sourced Application must comply with the App Store Terms of Services.</p>\n<p>You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.</p>\n<p>In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.\nAs between Airbnb and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Airbnb.</p>\n<p>You and Airbnb acknowledge that, as between Airbnb and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims.\n(ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement.\nand (iii) claims arising under consumer protection or similar legislation.</p>\n<p>You and Airbnb acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Airbnb and Apple, Airbnb, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.</p>\n<p>You and Airbnb acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.</p>\n<p>Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</p>\n<p>\n<b>Reporting Misconduct</b>\n</p>\n<p>If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Airbnb by contacting us with your police station and report number at terms@airbnb.com.\nprovided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.</p>\n<p>\n<b>Entire Agreement</b>\n</p>\n<p>These Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.\n<br>\n<b>Assignment</b>\n</p>\n<p>You may not assign or transfer these Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<b>Notices</b>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Airbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<b>Controlling Law and Jurisdiction</b>\n</p>\n<p>These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\nYou and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties <b>retain the right to seek </b>injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, <b>as set forth in the Dispute Resolution provision below.\n</b>\n</p>\n<p>\n<b>Dispute Resolution</b>\n</p>\n<p>You and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “<b>Disputes</b>”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).</p>\n<p>\n<b>General</b>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.</p>\n<p>\n<b>Contacting Airbnb</b>\n</p>\n<p>If you have any questions about these Terms or any App Store Sourced Application, please contact Airbnb at terms@airbnb.com.\n</p> Privacy Policy <p>\n<b>Click here to learn more about how we handle do-not-track signals and user tracking.</b>\n</p>\n<p>Last Updated: August 15, 2011</p>\n<p>Airbnb, Inc.\n(\"Airbnb\", \"we\" or \"us\") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.airbnb.com, www.airbnb.de and www.airbnb.fr (collectively, the \"Site\") and our application for mobile devices (the \"Application\") .\nThis Privacy Policy applies only to information that you provide to us through the Site and Application.\nThis Privacy Policy may be updated from time to time.\nWe may update this Privacy Policy to reflect changes to our information practices.\nIf we make any material changes we will notify you by email (sent to the e-mail address specified in your Airbnb Account) or by means of a notice on the Site and Application prior to the change becoming effective.\nWe encourage you to periodically review this page for the latest information on our privacy practices.\nUnless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.airbnb.com/terms).</p>\n<p>As used in this policy, the terms \"using\" and \"processing\" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.</p>\n<p>\n<b>International Transfer</b>\n</p>\n<p>YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION.\nIF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, AIRBNB TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE.\nYOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.</p>\n<p>\n<b>Information Collection and Use</b>\n</p>\n<p>Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the \"Service\") and to enable users to enjoy and easily navigate the Site and Application.</p>\n<p>\n<b>Personally Identifiable Information</b>\n</p>\n<p>When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information.\nThis refers to information about you that can be used to contact or identify you (\"Identity Information\").\nIdentity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information.\nIn order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (\"Billing Information\") (Identity Information and Billing Information together, \"Personal Information\").\nIf the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information.\nSome Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth.\nWe reserve the right to require address confirmation for Accommodations included in Listings.\nIf we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Accommodation included in the applicable Listing.\nWe use your Personal Information to provide the Service and administer your inquiries.</p>\n<p>We collect Personal Information in connection with your registration to join the Service.\nYou can register to join via the Site or Application by completing the required forms.</p>\n<p>You can also register to join by logging into online accounts you may have with third party service providers (\"SNS\")(e.g.\nFacebook).\neach such account, a \"Third Party Account\", via our Site or Application as described below.\nAs part of the functionality of the Site, Service and Application, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Service or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by the applicable SNS.\nIf you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your \"real\" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Airbnb to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Airbnb Account and Airbnb Account profile page and you will become a Member.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Airbnb Account on the Site, Service and Application.\nIf there is information about your \"friends\" or people with whom you are associated in your Third Party Account, the information we obtain about those \"friends\" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.</p>\n<p>If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information).\nWe use this information to enable your participation in the Affiliate Program and to make payments related thereto.\nMore information on our Affiliate Program is accessible at http://www.airbnb.com/affiliates.</p>\n<p>We also collect the other information that you provide as part of registration and the administration and personalization of your Airbnb Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (\"Non-Identifying Information\").</p>\n<p>We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.</p>\n<p>Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.\nBut the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information).\nWe may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Airbnb Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used.\nWe may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.</p>\n<p>We also use your Personal Information to contact you with Airbnb newsletters, marketing or promotional materials and other information that may be of interest to you.\nIf you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your \"Notifications\" information.\n(See \"Changing or Deleting Information,\" below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service.\nyou may not opt out of these notifications.</p>\n<p>\n<b>Log Data</b>\n</p>\n<p>When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an \"Airbnb User\"), our servers automatically record information that your browser sends whenever you visit a website (\"Log Data\").\nThis Log Data may include information such as your computer's Internet Protocol (\"IP\") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics.\nWe use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs.\nWe also use this information to verify that visitors to the Site meet the criteria required to process their requests.\nWe do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.</p>\n<p>\n<b>Cookies</b>\n</p>\n<p>Like many websites, we use \"cookies\" to collect information.\nA cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.\nWe use cookies for two purposes.\nFirst, we utilize persistent cookies to save your login information for future logins to the Site and Application.\nSecond, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Airbnb Users and web traffic routing on the Site and Application.\nUnlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser.\nThird party advertisers on the Site and Application may also place or read cookies on your browser.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.</p>\n<p>\n<b>Web Beacons</b>\n</p>\n<p>Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients.\nThis allows us to gauge the effectiveness of our customer communications and marketing campaigns.</p>\n<p>\n<b>Emailing Via an Airbnb Account</b>\n</p>\n<p>As part of the Service, Airbnb Users may communicate with Airbnb Members through use of the \"Contact Host\" feature on the Site and Application.\nWhere Airbnb Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Airbnb to those email addresses on their behalf.\nThese email addresses will be used only for the purpose of sending the email communication to the addressee.\nVia the \"Contact Host\" feature of the Site and Application, you may also speak with other Airbnb Members over the phone.\nIn these instances, Airbnb will not share your phone number with the other Airbnb Member, but will use your phone number to contact you over the phone to connect you with the other Airbnb Member.</p>\n<p>If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address.\nWe will automatically send your friend a one-time email inviting him or her to visit the site.\nAirbnb stores this information for the sole purpose of sending this one-time email.</p>\n<p>Your friend may contact us to request that we remove this information from our database.</p>\n<p>You can import contacts from your email account address book to invite them to send you a recommendation.\nWe collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.</p>\n<p>\n<b>Phishing</b>\n</p>\n<p>Identity theft and the practice currently known as \"phishing\" are of great concern to Airbnb.\nSafeguarding information to help protect you from identity theft is a top priority.\nWe do not and will not, at any time, request your credit card information, your Airbnb Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.\nFor more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.</p>\n<p>\n<b>Information Sharing and Disclosure</b>\n</p>\n<p>\n<b>Overview</b>\n</p>\n<p>The Site, Application and Service can be used to facilitate the listing and booking of Accommodations.\nListings for such Accommodations are made available via the Site, Application and Service by Hosts.\nListings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Airbnb User.</p>\n<p>\n<b>Airbnb Members and Users</b>\n</p>\n<p>When you create an Airbnb Account, we will set up an Airbnb Account profile page for you.\nYour Airbnb Account profile page will include your first name and last initial.\nYou can select the other items of Personal Information that you wish to be included in your Airbnb Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Airbnb, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your \"Profile Information\").\nWe will display your Profile Information in your Airbnb Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites.\nAny information you choose to provide as part of your Profile Information will be publicly visible to all Airbnb Users and consequently should reflect how much you want other Airbnb Users to know about you.\nWe recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages.\nYou can review and revise your Profile Information at any time.</p>\n<p>\n<b>Listings</b>\n</p>\n<p>If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML \"widget\".\nWe may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.</p>\n<p>If you request to make a booking via the Site, Application and Service, Airbnb will share the following information about you with the applicable Host: (i) your first and last name, (ii) a link to your Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are \"friends\" or associated on the SNS if such individuals are also \"friends\" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to Airbnb when you became a Member matches the name that you provided to the SNSs to which you have linked your Airbnb Account.\nAll of this information will enable the Host to decide whether to confirm or reject your booking.\nWhen a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly.\nIn no event is a Guest's Billing Information shared with a Host.</p>\n<p>\n<b>Aggregate Information and Non-Identifying Information</b>\n</p>\n<p>We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.\nAny aggregated information shared in these contexts will not contain your Personal Information.</p>\n<p>\n<b>Service Providers</b>\n</p>\n<p>We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Airbnb Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used.\nThese third parties may have access to your Personal Information.\nif they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.\nWe may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.\nYou can, at any time, opt out of receiving such communications.\nThird party vendors, including Google, use cookies to serve ads based on an Airbnb User's prior visits to Airbnb.\nYou can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.</p>\n<p>\n<b>Compliance with Laws and Law Enforcement.\nGuarantee Program</b>\n</p>\n<p>Airbnb cooperates with government and law enforcement officials and private parties to enforce and comply with the law.\nWe will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Airbnb Host Guarantee www.airbnb.com/terms, to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>\n<b>Business Transfers</b>\n</p>\n<p>Airbnb may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.</p>\n<p>\n<b>Changing or Deleting Your Information</b>\n</p>\n<p>All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@airbnb.com or editing the relevant part of their profile.\nIf you would like us to cancel your Airbnb Account, please contact us or select the \"Cancel Account\" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Airbnb Account.\nPlease note that, if you cancel your Airbnb Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application.\nPlease see below for privacy contact information.</p>\n<p>\n<b>Security</b>\n</p>\n<p>Airbnb is very concerned with safeguarding your information.\nWhen you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).\nWe follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.\nNo method of transmission over the Internet, or method of electronic storage, is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our Site and Application, you can contact us.</p>\n<p>We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored \"personal data\" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.</p>\n<p>\n<b>Links to Other Websites</b>\n</p>\n<p>Our Site and Application contain links to other websites.\nIf you choose to visit an advertiser by \"clicking on\" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website.\nThe fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.\nWe do not exercise control over third party websites.\nThese other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.\nOther websites follow different rules regarding the use or disclosure of the personal information you submit to them.\nWe encourage you to read the privacy policies or statements of the other websites you visit.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, http://www.google.com/policies/privacy/</p>\n<p>\n<b>Testimonials</b>\n</p>\n<p>With your consent we may post your testimonial on the Site and Application along with your name.\nIf you want your testimonial removed please contact us.</p>\n<p>\n<b>Our Policy Toward Children</b>\n</p>\n<p>The Site and Application are not directed to individuals under 18.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us.\nIf we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.</p>\n<p>\n<b>Contacting Us</b>\n</p>\n<p>If you have any questions about this Privacy Policy, please visit our help center.\n</p> Host Guarantee Terms and Conditions <p>Last Updated: May 22, 2012</p>\n<p>\n<b>AIRBNB HOST GUARANTEE TERMS AND CONDITIONS</b>\n</p>\n<p>Airbnb, Inc.\n(hereafter referred to as “<b>Airbnb</b>”, “<b>we</b>”, “<b>us</b>”, or “<b>our</b>”) provides an online platform that connects hosts (hereafter referred to as “<b>Host</b>,” “<b>you</b>,” or “<b>your</b>”) who have accommodations to rent with <b>Guests</b> (defined below) seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\n<br>Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Airbnb website or one hundred Listings on multiple Airbnb websites, you may benefit from the Airbnb Host Guarantee program (“<b>Airbnb Host Guarantee</b>”), the terms, limitations and conditions for which are set forth below (the “<b>Airbnb Host Guarantee Terms</b>”).\nPlease read these Airbnb Host Guarantee Terms carefully.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB HOST GUARANTEE TERMS.\nIf you accept or agree to these Airbnb Host Guarantee 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 Airbnb Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THIS AIRBNB HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES.\nYOUR FAILURE TO FULLY COMPLY WITH SUCH REQUIREMENTS AND CONDITIONS WILL ELIMINATE YOUR ENTITLEMENT TO BENEFITS UNDER THIS AIRBNB HOST GUARANTEE.</p>\n<p>PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “EXCLUDED ACCOMMODATION,” AND “EXCLUDED PROPERTY” BELOW.\nTHESE DEFINITIONS ARE ESPECIALLY SIGNIFICANT IF YOUR ACCOMMODATION IS A CONDOMINIUM, TOWNHOUSE, CO-OPERATIVE, APARTMENT, OR ANY OTHER UNIT IN A MULTIPLE-DWELLING STRUCTURE, COMPLEX, AND/OR DEVELOPMENT.\nTO THE EXTENT THIS HOST GUARANTEE COVERS REAL PROPERTY, IT COVERS ONLY REAL PROPERTY THAT YOU OWN.\nBECAUSE OF THE NUMEROUS VARIATIONS IN THE NATURE AND EXTENT OF OWNERSHIP INTEREST(S) IN MULTIPLE-DWELLING ARRANGEMENTS, AIRBNB STRONGLY RECOMMENDS THAT YOU CLOSELY REVIEW THE DOCUMENTS THAT GOVERN YOUR MULTIPLE-DWELLING ARRANGEMENT.\nTHAT YOU CONSULT WITH YOUR OWNERS’ ASSOCIATION OR OTHER GOVERNING BODY.\nAND THAT YOU CONSULT WITH YOUR INSURANCE BROKER, SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THIS HOST GUARANTEE.</p>\n<p>Except as permitted by law, these Airbnb Host Guarantee Terms do not affect your statutory rights.\nIf you would like a written copy of these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.</p>\n<p>\n<b>I.\nThe Airbnb Host Guarantee</b>\n</p>\n<p>Airbnb agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in this Airbnb Host Guarantee.</p>\n<p>\n<b>II.\nKey Defined Terms</b>\n</p>\n<p>The following capitalized terms shall have the meanings set forth below:</p>\n<p>“<b>Actual Cash Value</b>” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with property or material of like kind and quality, with proper deduction for obsolescence and physical depreciation.</p>\n<p>“<b>Airbnb Insurance</b>” means an insurance policy issued by an insurer to Airbnb pursuant to which Airbnb is insured against losses arising under this Airbnb Host Guarantee.</p>\n<p>“<b>Airbnb Host Guarantee Payment Request Form</b>” means Airbnb’s standard form as amended from time to time, accessible through the Site at http://www.airbnb.com/incidents/new, that a Host uses to request payment from Airbnb pursuant to these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Covered Accommodation</b>” means an accommodation that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation, (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the Airbnb Terms of Service, (iii) not an Excluded Accommodation, and consists of one of the following:</p>\n<p>\n</p>\n<ol>\n<li>\tA house, cottage or similar dwelling and other structure attached to or located on the real property on which such dwelling is located (such as a garage) and fixtures appurtenant thereto;</li>\n<br>\n<li>\tAn individual dwelling unit that is an apartment, condominium, townhouse, co-operative, or other unit within a multiple-dwelling structure, complex, or similar type development (each, a “<b>Dwelling Unit</b>”);</li>\n<br>\n<li>\tA motor vehicle rented through the Services and used solely for lodging purposes.\nor</li>\n<br>\n<li>\tA boat rented through the Services and used solely for lodging purposes.</li>\n</ol>\n<p>“<b>Covered Losses</b>” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest through the Services (other than and excluding Excluded Losses).</p>\n<p>“<b>Covered Property</b>” means and is limited to the following property to the extent of your interest in such property:</p>\n<p>\n</p>\n<ul>\n<li>A.\nReal property (which does not include Excluded Property or Covered Personal Property) that meets each of the following requirements (“<b>Covered Real Property</b>”):\n<br>\n<br>\n<ol>\n<li>\treal property that you own or control.\nand</li>\n<br>\n<li>\tconstitutes either (i) a Covered Accommodation, (ii) new buildings, structures and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest, and/or (iii) fixtures on such Covered Accommodation, including walls, windows, and doors that are part of such Covered Accommodation.</li>\n</ol>\n</li>\n<p>\n</p>\n<li>B.\nPersonal Property means and is limited to tangible personal property (which does not include Excluded Property or Covered Real Property) that meets each of the following requirements (“<b>Covered Personal Property</b>”): <p>\n</p>\n<ol>\n<li>\ttangible personal property that you own or for which you are legally responsible for physical loss or damage to such personal property, or are under an obligation to keep such property insured against physical loss or damage.\nand</li>\n<br>\n<li>\tconstitutes a Covered Accommodation (such as a motor vehicle or boat) or is located within such Covered Accommodation.</li>\n</ol>\n</li>\n</ul>\n<p>“<b>Excluded Accommodation</b>” means:</p>\n<p>\n</p>\n<ol>\n<li>\tany condominium, townhouse, co-operative, apartment, or other unit within a multiple-dwelling structure, complex, or similar type development to the extent owned in whole or in part by anyone other than you, and</li>\n<br>\n<li>\tany common area or easements in or associated with any Dwelling Unit located within a multiple-dwelling structure, complex, or similar type development, even if owned or partially owned by you, including any rights you or any other party may have to use or access such common area.</li>\n<br>\n<li>\tA motor vehicle, vessel or boat to the extent not stationary or used for a purpose other than lodging, including without limitation any use of such vehicle, vessel or boat for transportation purposes.</li>\n</ol>\n<p>“<b>Excluded Property</b>” means the following:</p>\n<p>\n</p>\n<ol>\n<li>\tCurrency, money, credit cards, debit cards, other charge cards, checks, negotiable instruments, precious metal in bullion form, notes, financial securities, and other financial instruments and products.</li>\n<br>\n<li>\tLand, water or any other substance in or on land.\nexcept this exclusion does not apply to land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property.</li>\n<br>\n<li>\tAnimals (including, but not limited to, livestock and pets).\nThis exclusion encompasses all losses of or injuries to animal, all losses due to veterinary care, boarding, medications, and all other services associated with animals.</li>\n<br>\n<li>\tStanding timber.\ngrowing crops.</li>\n<br>\n<li>\tWatercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites.\nThis watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation.\nHowever, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tMotor vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) belonging to you or your employees.\nThis exclusion does not apply with respect to any vehicle that is a Covered Accommodation.\nHowever, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tUnderground mines or mine shafts or any property within such mine or shaft.</li>\n<br>\n<li>\tDams, dikes and levees.</li>\n<br>\n<li>\tProperty in transit.</li>\n<br>\n<li>\tTransmission and distribution lines beyond 1,000 feet of the Covered Accommodation.</li>\n<br>\n<li>\tAny damage to any property that is not in or on a Covered Accommodation.</li>\n<br>\n<li>\tReal property owned by a party other than you and that you do not control, and personal property owned by a party other than you and for which you are not legally responsible.</li>\n<br>\n<li>\tJewelry (including watches, rings, necklaces, and other articles which reasonably considered an item of jewelry).</li>\n<br>\n<li>\tCollections and collectables (including, but not limited to) coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection).</li>\n<br>\n<li>\tFine Art or like articles which you received as a gift or donation.</li>\n<br>\n<li>\tFurs.</li>\n<br>\n<li>\tFood, liquor, wine, and other beverages.</li>\n<br>\n<li>\tFirearms and weapons.</li>\n<br>\n<li>\tReal property, except to the extent any such real property is expressly included in the definition of Covered Property.</li>\n<br>\n<li>\tAny property interest or ownership interest of a party other than you in or to an accommodation.</li>\n<br>\n<li>\tAny property interest or ownership interest of an association or similar body managing or governing the owners of a multiple-dwelling structure, complex, or similar type development.</li>\n</ol>\n<p>“<b>Fine Arts</b>” means paintings.\netchings.\npictures.\ntapestries.\nrare or art glass.\nart glass windows, valuable rugs.\nstatues.\nsculptures.\nantique furniture.\nantique jewelry.\nbric-a-brac.\nporcelains.\nand similar property of rarity, historical value, or artistic merit.\n“Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.</p>\n<p>“<b>Fine Arts Limit</b>” means two thousand U.S.\ndollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of five thousand U.S.\ndollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms).</p>\n<p>“<b>Guest</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who rents and stays on, at, or in a Covered Accommodation, for the period of the Listing.</p>\n<p>“<b>Host</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who lists his/her Covered Accommodation(s) on the Site.</p>\n<p>“<b>Invitee</b>” means a person invited to be present at a Covered Accommodation by a Responsible Guest.</p>\n<p>“<b>Limit</b>” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.</p>\n<p>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” process in the Airbnb Terms of Service.</p>\n<p>“<b>Original Cost</b>” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.</p>\n<p>“<b>Responsible Guest</b>” means the Guest to whom you, as a Host, rented the Covered Accommodation at which the Covered Property for which you request payment pursuant to these Airbnb Host Guarantee Terms is physically situated.</p>\n<p>\n<b>III.\nLimitations and Exclusions</b>\n</p>\n<p>The Airbnb Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following (“<b>Excluded Losses</b>”):</p>\n<p>Emotional distress or injury, and/or bodily injury or death from any cause.</p>\n<p>losses to Excluded Property.</p>\n<p>losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes.</p>\n<p>losses or damages arising out of, or resulting from, your acts or omissions (other than an error or unintentional omission in the description of the location of the Covered Accommodation).</p>\n<p>losses or damages for which you are compensated or reimbursed from a source other than Airbnb including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity.\n(ii) a security deposit.\nor (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.</p>\n<p>losses or damages for Covered Property at or located in a specific Covered Accommodation in excess of the Limit in any consecutive twelve (12) month period.\nWhether this 12-month limit applies to any given loss will be determined by adding the amounts of losses [if any] paid under this Host Guarantee in connection with the specific Covered Accommodation in the twelve (12) months immediately preceding the date of loss.</p>\n<p>losses or damages for Fine Arts located in a specific Covered Accommodation (i) in excess of the Fine Arts Limit, or (ii) received as a gift or donation.</p>\n<p>losses to Covered Property resulting from indirect or remote causes.</p>\n<p>interruption of business, loss of market, loss of reputation or goodwill, and/or loss of use.</p>\n<p>loss, damage, or deterioration arising from any delay.</p>\n<p>mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.</p>\n<p>loss from enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use, or removal, including debris removal, or any property, or (ii) requiring the demolition of any property, including the cost of removing its debris.</p>\n<p>loss from actual or threatened malicious use of poisonous biological or chemical materials.\nThis exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence, to the loss.</p>\n<p>losses due to acts of war or terrorism.</p>\n<p>losses due to nuclear reaction, nuclear radiation, or nuclear contamination.</p>\n<p>losses from hostile or warlike action.</p>\n<p>losses from dishonest acts, including, but not limited to, fraud, theft, committed by or in collusion with: (i) you.\n(ii) any of your proprietors, partners, directors, trustees, officers, or employees, or (iii) any person or entity retained by you to do anything in connection with Covered Property.</p>\n<p>losses due to violations of any law, regulation, or ordinance.</p>\n<p>losses caused by theft, unless the theft is committed by a Responsible Guest or an Invitee.</p>\n<p>losses caused by lack of any of the following services not at a Covered Accommodation: (i) incoming electricity, fuel, water, gas, steam, or refrigerant.\n(ii) outgoing sewage.\n(iii) incoming or outgoing voice, data, or video.</p>\n<p>losses from faulty workmanship, material, construction or design.</p>\n<p>losses from deterioration, depletion, rust, corrosion, erosion, wear and tear, inherent vice, or latent defect.</p>\n<p>losses from settling, cracking, shrinking, bulging, or expansion of foundation or any component thereof, floors, pavements, walls, ceilings, or roofs.\n<br>losses from changes of temperature or humidity.</p>\n<p>losses from insects, animals, or other vermin.\nThis exclusion applies to losses caused by pets, regardless of whether such pets are owned by you, a Guest, and Invitee, or any other person or entity.</p>\n<p>losses from mold, mildew, fungus, spores, or other microorganisms.</p>\n<p>losses caused by a Guest or Invitee after the expiration of the rental period shown in the applicable Listing.</p>\n<p>losses due to wear and tear.</p>\n<p>Losses arising from the loss of use of or loss of profit from Covered Property.</p>\n<p>\n<b>IV.\nConditions to the Airbnb Host Guarantee</b>\n</p>\n<p>IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT FROM AIRBNB UNDER THESE AIRBNB HOST GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS.\nYOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FROM AIRBNB FOR ANY COVERED LOSSES AND/OR ANY SUBMITTED CLAIMS.\nIN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE TO AIRBNB THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.</p>\n<p>You must have incurred Covered Losses.</p>\n<p>The Covered Losses for which you seek payment must be covered under Airbnb Insurance and payment to Airbnb under such Airbnb Insurance, and Airbnb in its sole discretion may make its payment of benefits under this Airbnb Host Guarantee Terms contingent upon the determination that any Covered Losses are covered under the Airbnb Insurance.</p>\n<p>You must have complied with the following safety conditions:</p>\n<p>You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Airbnb’s safety guidelines as described at http://www.airbnb.com/safety.</p>\n<p>You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.</p>\n<p>You must have provided the Responsible Guest with clear written instructions on how the Responsible Guest and any Invitees should conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.</p>\n<p>You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Airbnb Host Guarantee Payment Request Form with Airbnb within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation or (ii) the date by which the next subsequent rental of the same Covered Accommodation begins.</p>\n<p>You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses.\nIf you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek recovery to which you may be entitled, from any person or entity other than the Responsible Guest or Airbnb, with respect to such Covered Losses.</p>\n<p>For all Covered Property which is damaged or destroyed due to a violation or law or criminal act or misdemeanor and for which you are filing an Airbnb Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S.\ndollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Airbnb with a copy of such report, certified by you as true and correct.</p>\n<p>You must provide Airbnb with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.</p>\n<p>You must deliver a signed and sworn proof of loss to Airbnb within sixty (60) days after you have incurred the Covered Loss, unless such deadline is extended in writing by Airbnb.\nThe proof of loss must state your knowledge and belief as to the following:</p>\n<p>The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.</p>\n<p>The ownership, leasehold or other interest or you and all other parties in the Covered Property for which Covered Loss is claimed.</p>\n<p>The Actual Cash Value of each item of the Covered Property that is the subject to the Covered Loss and the amount of such loss or damage to each item of such Covered Property.\nand all liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.</p>\n<p>Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.</p>\n<p>The identity of and other information know about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.</p>\n<p>You must (i) protect and preserve damaged Covered Property from further loss or damages.\nand (ii) promptly separate the damaged and undamaged Covered Property.\nput it in the best possible order.\nand furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value, and amount of loss claimed.</p>\n<p>You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Airbnb’s insurer, (i) exhibit, to Airbnb, it’s insurer or their respective designee, all that remains of any damaged Covered Property.\n(ii) submit to examination under oath by any person designated by Airbnb or Airbnb’s insurer and sign the written records of examination.\nand (iii) produce for examination, at the request of Airbnb, its insurer or their respective designee, all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies of originals are lost).</p>\n<p>You must permit Airbnb or the designee(s) of Airbnb’s insurer to make inspections of Covered Property at all reasonable times.\nHowever, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Airbnb’s insurer to determine or warrant that damaged Covered Property is safe or healthful.\nAirbnb or Airbnb’s insurer will have no liability to you or any other person because of any inspection or failure to inspect.</p>\n<p>You must provide Airbnb with all information reasonably requested by Airbnb to enable it to determine the Actual Cash Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Fine Arts, evidence of the Original Cost of such Fine Arts article in the form of original receipts or other evidence of payment of the purchase price for such Fine Arts article, and the date on which such Fine Arts article was purchased or acquired by you, and (ii) for Covered Property (other than Fine Arts), evidence of the fair market value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.</p>\n<p>Upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest or other responsible party, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to Covered Losses for which you are requesting payment.</p>\n<p>You must cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests by Airbnb for additional information or documentation that Airbnb may require or request to process the applicable Airbnb Host Guarantee Payment Request Form.</p>\n<p>With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Airbnb with a copy of such notice.\nIf the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Airbnb in writing of the lender/mortgagee’s request and transmit a written copy of said request to Airbnb, and provide all other information to enable Airbnb to communicate directly with the lender.\nIf such loss is determined to be a Covered Loss, Airbnb will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied.\nThis condition shall apply to the extent of applicable law in your jurisdiction.</p>\n<p>\n<b>V.\nDisposition of Host Payment Requests</b>\n</p>\n<p>Airbnb Host Guarantee Payment Request Form</p>\n<p>Airbnb will complete its processing of any Airbnb Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Airbnb Host Guarantee Payment Request Form, and (b) provided Airbnb with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Airbnb Host Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Airbnb Host Guarantee Payment Request Form within three (3) months after Airbnb’s receipt of such documents and information.\nIf you receive an Approved Payment Request (as defined below), then as a condition to Airbnb’s obligation to make payment to you, you will be required to execute and deliver to Airbnb the “Airbnb Host Guarantee Approved Payment Request Agreement”, which includes your agreement: (i) to assign to Airbnb or its insurer any rights and remedies you may have to recover amounts paid by Airbnb to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.\n(ii) to reasonably cooperate with Airbnb, including, at Airbnb’s request, appearing as a witness in any court, arbitration or like proceeding, if Airbnb seeks to recover the amount paid by Airbnb to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party.\n(iii) to release and hold harmless Airbnb and its insurer and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Airbnb Host Guarantee Payment Request Form.\n(iv) to treat as “confidential information” the contents and existence of such Airbnb Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement.\nand (v) to refund to Airbnb any amounts that are erroneously paid by Airbnb to you with respect to an Approved Payment Request, such determination by Airbnb to be based upon factors including, but not limited to, documentation in Airbnb’s possession, your actions, and police reports, if applicable.</p>\n<p>The duration of Airbnb’s processing period of any Airbnb Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss.\n(ii) the location of the Covered Accommodation.\n(iii) the nature of the Covered Property and the nature of the Covered Losses.\n(iv) the completeness and type of documentation and information that you provide Airbnb regarding the Covered Losses.\nand (v) the number of Airbnb Host Guarantee Payment Request Forms that Airbnb is then currently processing for other Hosts.</p>\n<p>\n<i>Approved Payment Request</i>\n</p>\n<p>If you have filed an Airbnb Host Guarantee Payment Request form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “<b>Approved Payment Request</b>”), Airbnb will pay you the amount of the Covered Loss as determined below under “Determination of the Amount of the Covered Loss”.\nYou will be notified by Airbnb and, as a condition of payment hereunder, you will be required to deliver to Airbnb an executed Approved Payment Request Agreement.\nAirbnb may use third party service providers to assist in the processing of the Airbnb Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.</p>\n<p>For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, Airbnb reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property.\nIf Airbnb pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled.\nFor clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Airbnb pursuant to these Airbnb Host Guarantee Terms, including without limitation any payments made by Airbnb directly to the owner of any Covered Property.</p>\n<p>\n<i>Determination of the Amount of the Covered Loss</i>\n</p>\n<p>You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold.\nCovered Property reasonably judged by you to be unfit for [reprocessing] or sale will not be sold or disposed of except by you or with your consent.\nProceeds from the sale or other disposition of Covered Property will go to (i) Airbnb at the time of the loss settlement, or (ii) you if such proceeds are received prior to loss settlement and such proceeds will reduce the amount of the loss payable to you.</p>\n<p>You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged.</p>\n<p>Amount of Covered Losses will be computed by Airbnb as of the date of loss, at the location of the loss, subject to the following:</p>\n<p>A.\nOn exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation.\nCosts of research, engineering, or restoring or recreating lost information will not be paid.</p>\n<p>B.\nOn Fine Arts, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss.\n(ii) the cost to replace the article.\n(iii) the current appraised value.\nor (iv) if the Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, repaired, or restored to its immediate pre-loss condition, you will receive the full value of the pair or set or the current appraised value, whichever is less, provided that you surrender the pair or set to Airbnb’s insurer.</p>\n<p>C.\nFor all Covered Property (other than that described in paragraphs A and B above), the lesser of: (i) the cost to repair such damaged Covered Property.\n(ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality.\n(iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss.\n(iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents and improvement in function and/or forms part of a program of system enhancement.\nor (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.</p>\n<p>D.\nAny amount of any Covered Losses payable by Airbnb under this Airbnb Host Guarantee will be reduced by the amount paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party).</p>\n<p>Covered Losses will be paid in the currency of the United States of America unless, in Airbnb’s sole discretion, Airbnb elects to pay losses in a different currency.\nIf currency conversions are required, rates exchange will be calculated based on those published in the Wall Street Journal.</p>\n<p>AIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MAKE AIRBNB’S PAYMENT FOR LOSSES CONTINGENT UPON THE ACCEPTANCE AND PAYMENT OF A COVERED LOSS UNDER THE AIRBNB INSURANCE.\nAIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO PAY A HOST FOR A COVERED LOSS BEFORE THE INSURER OF SUCH AIRBNB INSURANCE ACCEPTS SUCH CLAIM AND/OR PAYS AIRBNB FOR THE CLAIM, OR TO DEFER PAYMENT TO YOU UNTIL THE INSURER ACCEPTS THE CLAIM AND/OR PAYS AIRBNB FOR SUCH COVERED LOSS IN ACCORDANCE WITH THE AIRBNB INSURANCE.</p>\n<p>YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE AIRBNB INSURANCE POLICY.\nAIRBNB IS NOT CHARGING YOU FOR THIS AIRBNB HOST GUARANTEE OR FOR ANY PORTION OF AIRBNB’S INSURANCE PREMIUM UNDER THE AIRBNB INSURANCE.\nTO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORD BY THE AIRBNB HOST GUARANTEE, AIRBNB STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT AIRBNB OR IT’S INSURER DECLINES COVERAGE FOR CLAIMS UNDER THIS AIRBNB HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THIS AIRBNB HOST GUARANTEE.</p>\n<p>\n<b>VI.\nAcknowledgments and Agreements by the Host</b>\n</p>\n<p>You acknowledge and agree that:</p>\n<p>This Airbnb Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring that your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>Airbnb provides Hosts with the Airbnb Host Guarantee benefits described herein free of charge solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.</p>\n<p>These Airbnb Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Airbnb Host Guarantee.\nFurthermore, these Airbnb Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.</p>\n<p>The benefits provided under these Airbnb Host Guarantee Terms are solely as set forth in the paragraph entitled “Airbnb Host Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.</p>\n<p>Airbnb and/or its insurer reserve the right to independently investigate (or to have independently investigated) at Airbnb’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Airbnb Host Guarantee Payment Request Form that you file with Airbnb, notwithstanding your delivery of all information and materials that you are required to provide Airbnb in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Airbnb Host Guarantee,” and regardless of the impact that Airbnb’s exercise of the rights described herein will have on the time it will take for Airbnb to complete processing such request form.</p>\n<p>Airbnb reserves the right, at any time, to offset or deduct from the amounts payable or paid by Airbnb to you under these Airbnb Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.</p>\n<p>Because these Airbnb Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies.\nThus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guaranty obligation under these Airbnb Host Guarantee Terms.</p>\n<p>\n<b>VII.\nModification or Termination of Airbnb Host Guarantee Terms</b>\n</p>\n<p>To the extent permissible by applicable law in your jurisdiction, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms, at any time, in its sole discretion, and without prior notice.\nIf Airbnb terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will provide you with notice of such termination and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Airbnb Host Guarantee Payment Request Forms will immediately terminate.\nIf Airbnb modifies these Airbnb Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification.\nBy continuing to access or use the Site, Application or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Host Guarantee Terms.\nIf the modified Airbnb Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Host.</p>\n<p>In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Airbnb Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction.\n(ii) Airbnb is required to obtain a license or permit of any kind to continue to provide these Airbnb Host Guarantee Terms in any jurisdiction.\nor (iii) Airbnb determines or a court or arbitrator holds that the provisions of the Airbnb Host Guarantee Terms violate applicable law.\nIf Airbnb modifies or terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will process all Airbnb Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.</p>\n<p>Airbnb’s obligations hereunder are contingent upon the availability of insurance proceeds under Airbnb’s insurance policy.\nThe applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host listed the Covered Accommodation.\nIf the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Guest’s stay, Airbnb will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.</p>\n<p>\n<b>VIII.\nSubrogation</b>\n</p>\n<p>Airbnb and/or Airbnb’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you.\nFurther, you hereby agree that, with respect to any payments made under this Airbnb Host Guarantee by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.</p>\n<p>\n<b>IX.\nDisclaimers and Limitations of Liability</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK.\nTHE AIRBNB HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE AIRBNB HOST GUARANTEE WILL MEET YOUR REQUIREMENTS.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>\n<p>EXCEPT FOR AIRBNB’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE AIRBNB HOST GUARANTEE TERMS, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>\n<p>\n<b>X.\nGeneral Provisions</b>\n</p>\n<p>\n<i>Indemnification</i>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Airbnb Host Guarantee Terms.</p>\n<p>If you rent (rather than own) the accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation.\nYou are fully responsible for securing the lessor’s permission to list the accommodation with Airbnb and complying with the scope of any permission granted.</p>\n<p>\n<i>Entire Agreement </i>\n</p>\n<p>These Airbnb Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Airbnb Host Guarantee and these Airbnb Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding the Airbnb Host Guarantee.</p>\n<p>\n<i>Assignment</i>\n</p>\n<p>You may not assign or transfer these Airbnb Host Guarantee Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Airbnb Host Guarantee Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Airbnb Host Guarantee Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Airbnb Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<i>Notices</i>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Host Guarantee Terms, will be in writing and given by Airbnb (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<i>Controlling Law</i>\n</p>\n<p>These Airbnb Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.</p>\n<p>\n<i>Dispute Resolution</i>\n</p>\n<p>General.\nYou and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Airbnb Host Guarantee Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/si.asp?id=3477 and a separate form for California residents at http://www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Arbitration Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification or Termination of Airbnb Host Guarantee Terms” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms).</p>\n<p>\n<i>Waiver and Severability</i>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Airbnb Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Airbnb Host Guarantee Terms, the exercise by either party of any of its remedies under these Airbnb Host Guarantee Terms will be without prejudice to its other remedies under these Airbnb Host Guarantee Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Host Guarantee Terms will remain in full force and effect.</p>\n<p>\n<b>XI.\nContacting Airbnb</b>\n<br>If you have any questions about these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.\n</p> Guest Refund Policy Terms <p>These terms and conditions govern the Airbnb Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the Airbnb platform (the \"Site\") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.</p>\n<p>\n<b>1.\nTravel Issue.</b> A “Travel Issue” means any one of the following:\n<br>(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).\n<br>(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:\n<br>(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),\n<br>(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,\n<br>(iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or\n<br>(iv) the physical location of the Accommodation (proximity).\n<br>(c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Airbnb’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.</p>\n<p>\n<b>2.\nThe Guest Refund Policy.</b> If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Airbnb in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.</p>\n<p>\n<b>3.\nConditions to Claim a Travel Issue.</b> Only a Guest may submit a claim for a Travel Issue.\nIf you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:\n<br>(a) you must bring the Travel Issue to our attention in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.\n<br>(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).\n<br>(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.</p>\n<p>\n<b>4.\nMinimum Quality Standards, Host Responsibilities and Reimbursement to Guest.</b> If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues.\nDuring the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.\n<br>If you are a Host, and if (i) Airbnb determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Airbnb either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse Airbnb up to the amount paid by Airbnb within 30 days of Airbnb’s request.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts.\nYou also agree that in order for you to reimburse Airbnb up to the amount paid by Airbnb, Airbnb may off-set or reduce any amounts owed by Airbnb to you by this amount.\nIf the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you.\nIf the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.\n<br>The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host.\nIf you dispute the Travel Issue you may notify us in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.\nYou agree that all determinations of Airbnb with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue.\nIn the event of one or more Travel Issues, Airbnb, in its discretion, may elect to take additional actions.\nThese actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.</p>\n<p>\n<b>5.\nGeneral Provisions.</b>\n<br>(a)\tNo Assignment/No Insurance.\nThis Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy.\nThe benefits provided under this Guest Refund Policy are not assignable or transferable by you.\n<br>(b) Modification or Termination.\nAirbnb reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice.\nIf Airbnb modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Airbnb will continue to process all claims for Travel Issues made prior to the effective date of the modification.\n<br>(c)\tEntire Agreement and Definitions.\nThis Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Airbnb and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Airbnb and you regarding the Guest Refund Policy.\nCapitalized terms not otherwise defined herein shall have the meaning set forth in the Airbnb Terms of Service.\n<br>(d)\tControlling Law.\nThis Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\n<br>(e)\tLimitation of Liability.\nIN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AIRBNB POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMODATION FEES COLLECTED BY AIRBNB FROM THE GUEST.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\n<br>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.</p>\n<p>\n<b>6.\nContacting Airbnb.</b> If you have any questions about the Guest Refund Policy, please contact Airbnb at http://airbnb.com/contact.\n</p> Copyright Policy <p>Notification of Copyright Infringement:</p>\n<p>Airbnb, Inc.\n(\"Airbnb\") respects the intellectual property rights of others and expects its users to do the same.</p>\n<p>It is Airbnb’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.</p>\n<p>In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S.\nCopyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Airbnb will respond expeditiously to claims of copyright infringement committed using the Airbnb website and mobile application (the \"Site and Application\") that are reported to Airbnb’s Designated Copyright Agent, identified in the sample notice below.</p>\n<p>If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Airbnb’s Designated Copyright Agent.\nUpon receipt of the Notice as described below, Airbnb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.</p>\n<p>\n<b>DMCA Notice of Alleged Infringement (\"Notice\")</b>\n<br>1.\nIdentify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.\n<br>2.\nIdentify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.\n<br>3.\nProvide your mailing address, telephone number, and, if available, email address.\n<br>4.\nInclude both of the following statements in the body of the Notice:\n<br> o \"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).\"\n<br> o \"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.\"\n<br>5.\nProvide your full legal name and your electronic or physical signature.</p>\n<p>Deliver this Notice, with all items completed, to Airbnb’s Designated Copyright Agent:</p>\n<p>Copyright Agent\n<br>c/o Airbnb, Inc.\n<br>888 Brannan Street\n<br>San Francisco, CA 94103\n<br>terms@airbnb.com</p>\n<p>\n</p> Safe Harbor Notice <p>\n<b>AIRBNB, INC.</b>\n<br>\n<b>GENERAL EEA/CH SAFE HARBOR NOTICE</b>\n</p>\n<p>Effective December 24, 2012</p>\n<p>\n<b>SCOPE OF SAFE HARBOR CERTIFICATION</b>\n<br>Airbnb, Inc.\n(“we”) recognize(s) that the European Community has established a data protection regime pursuant to Directive 95/46/EC (the “Directive”).\nThe Directive applies to the European Economic Area (“EEA”).\nSwitzerland has also established a data protection regime pursuant to the Federal Act on Data Protection (“FADP”).\nThese regimes restrict companies in the EEA and Switzerland (collectively, “EEA/CH”) from transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States.</p>\n<p>To create such “adequate protection” and allow its subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and the FADP, Airbnb, Inc.\nadheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that subsidiaries, customers and other business partners in the EEA/CH send to Airbnb, Inc.\n(“EEA/CH Data”).\nMore information on the Safe Harbor Principles and Airbnb, Inc.’s scope of participation is available at http://export.gov/safeharbor/.</p>\n<p>\n<b>SCOPE OF THIS NOTICE</b>\n<br>This Notice applies to EEA/CH Data relating to data subjects residing in the EEA/CH (“EEA/CH Persons”) Airbnb, Inc.\nreceives from affiliated and unaffiliated companies, customers (including guests and hosts) and business partners, via our European-facing websites (including, but not limited to, www.airbnb.co.uk, www.airbnb.de, www.airbnb.es, etc.).\nThis Notice and our Safe Harbor registration does not apply to data received through www.airbnb.com.\nThis Notice does not apply to personal data that we receive in the context of employment with Airbnb, Inc.\nor one of our subsidiaries.\nseparate notices address such excepted situations.\nThe English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.</p>\n<p>\n<b>CATEGORIES OF EEA/CH DATA</b>\n<br>We receive certain information from users of our platform, including current and former hosts, guests and members of the public who may search our platform, and from individual representatives of Airbnb, Inc.’s corporate business partners, such as service providers, vendors and suppliers.\nSuch EEA/CH Data includes, without limitation, names, addresses, phone numbers, email addresses, internet addresses, and any other personal data that are affirmatively provided to Airbnb, Inc.\nin order to provide the platform or manage our business\n<br>relationships.</p>\n<p>\n<b>PURPOSES</b>\n<br>We collect and use EEA Data for purposes of providing the platform to our users, transmitting marketing emails and performing other marketing activities, and conducting related tasks for legitimate business purposes.</p>\n<p>\n<b>DISCLOSURE</b>\n<br>We share EEA/CH Data with our subsidiaries, affiliates and contractors.\nWe also share EEA/CH Data with other third parties as instructed by us and in order to comply with our binding contracts and as required or permitted by law.\nWith respect to marketing e-mails from Airbnb, Inc., EEA/CH Persons may opt-out by submitting an e-mail request to safeharbor@airbnb.com with “Opt-Out” in the subject line, or by following opt-out instructions that are contained in each marketing email.\nEEA/CH Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for Airbnb, Inc.\nto provide services.\nWe may also disclose EEA/CH Data if legally required or permitted by law and we have a legitimate business interest in such disclosure.</p>\n<p>\n<b>ACCESS AND REVIEW</b>\n<br>EEA/CH Persons whose EEA/CH Data Airbnb, Inc.\nholds as a data controller may request access to, and the opportunity to update, correct or delete some or all of the EEA/CH Data that Airbnb, Inc.\nholds about them.\nTo submit such requests or raise any other questions, please contact the Airbnb, Inc.\nSafe Harbor Contact as described below.\nAirbnb, Inc.\nreserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by the Safe Harbor Principles.</p>\n<p>\n<b>SAFE HARBOR CONTACT</b>\n<br>Please e-mail any comments or questions regarding our safe harbor compliance to safeharbor@airbnb.\nIf you have a comment or question that cannot be resolved with Airbnb, Inc.\ndirectly, you may contact the competent local data protection authority in your EEA/CH Member State if it falls within the scope of this Notice.\nAs stated above, the English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.</p>\n<p>\n</p> Tracking and Do Not Track Signals <p>While browsers allow you to disable the usage of cookies, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application.\nWe will not, for any marketing purposes, load cookies/web beacons or any other kind of software that tracks your general behavior while you are visiting third party websites or using third party mobile applications.\nWe do, however, track if you click on advertisements for Airbnb services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.</p>\n<p>We may also track your activities on third party websites and mobile platforms in the following circumstances:\n<br>\n</p>\n<ul>\n<br>\n<li>As described in our Privacy Policy (at the “Privacy Policy” tab at http://www.airbnb.com/terms), including but not limited to the “Cookies,” “Personally Identifiable Information” and “Log Data” sections;</li>\n<br>\n<li>When you link your account on a third party site with social networking functionality to your Airbnb account;</li>\n<br>\n<li>To show you content (which may include advertisements) that is more relevant to you.\nand</li>\n<br>\n<li>For fraud prevention, risk assessment and regulatory compliance purposes.</li>\n<br>\n</ul>\n<p>We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Site and Application for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and Application and pay for your activities on the Site and Application.\nWe may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Site and Application to market and advertise our services to you.</p>\n<p>Third parties may not collect information about individual consumers’ online activities on the Site and Application except as described in our Privacy Policy (at the “Privacy Policy” tab at http://www.airbnb.com/terms), including but not limited to the “Personally Identifiable Information”, “Cookies” and “Log Data” sections.\n</p> \n" - " Privacy Policy <p>\n<b>Click here to learn more about how we handle do-not-track signals and user tracking.</b>\n</p>\n<p>Last Updated: August 15, 2011</p>\n<p>Airbnb, Inc.\n(\"Airbnb\", \"we\" or \"us\") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.airbnb.com, www.airbnb.de and www.airbnb.fr (collectively, the \"Site\") and our application for mobile devices (the \"Application\") .\nThis Privacy Policy applies only to information that you provide to us through the Site and Application.\nThis Privacy Policy may be updated from time to time.\nWe may update this Privacy Policy to reflect changes to our information practices.\nIf we make any material changes we will notify you by email (sent to the e-mail address specified in your Airbnb Account) or by means of a notice on the Site and Application prior to the change becoming effective.\nWe encourage you to periodically review this page for the latest information on our privacy practices.\nUnless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.airbnb.com/terms).</p>\n<p>As used in this policy, the terms \"using\" and \"processing\" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.</p>\n<p>\n<b>International Transfer</b>\n</p>\n<p>YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION.\nIF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, AIRBNB TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE.\nYOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.</p>\n<p>\n<b>Information Collection and Use</b>\n</p>\n<p>Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the \"Service\") and to enable users to enjoy and easily navigate the Site and Application.</p>\n<p>\n<b>Personally Identifiable Information</b>\n</p>\n<p>When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information.\nThis refers to information about you that can be used to contact or identify you (\"Identity Information\").\nIdentity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information.\nIn order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (\"Billing Information\") (Identity Information and Billing Information together, \"Personal Information\").\nIf the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information.\nSome Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth.\nWe reserve the right to require address confirmation for Accommodations included in Listings.\nIf we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Accommodation included in the applicable Listing.\nWe use your Personal Information to provide the Service and administer your inquiries.</p>\n<p>We collect Personal Information in connection with your registration to join the Service.\nYou can register to join via the Site or Application by completing the required forms.</p>\n<p>You can also register to join by logging into online accounts you may have with third party service providers (\"SNS\")(e.g.\nFacebook).\neach such account, a \"Third Party Account\", via our Site or Application as described below.\nAs part of the functionality of the Site, Service and Application, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Service or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by the applicable SNS.\nIf you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your \"real\" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Airbnb to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Airbnb Account and Airbnb Account profile page and you will become a Member.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Airbnb Account on the Site, Service and Application.\nIf there is information about your \"friends\" or people with whom you are associated in your Third Party Account, the information we obtain about those \"friends\" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.</p>\n<p>If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information).\nWe use this information to enable your participation in the Affiliate Program and to make payments related thereto.\nMore information on our Affiliate Program is accessible at http://www.airbnb.com/affiliates.</p>\n<p>We also collect the other information that you provide as part of registration and the administration and personalization of your Airbnb Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (\"Non-Identifying Information\").</p>\n<p>We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.</p>\n<p>Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.\nBut the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information).\nWe may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Airbnb Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used.\nWe may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.</p>\n<p>We also use your Personal Information to contact you with Airbnb newsletters, marketing or promotional materials and other information that may be of interest to you.\nIf you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your \"Notifications\" information.\n(See \"Changing or Deleting Information,\" below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service.\nyou may not opt out of these notifications.</p>\n<p>\n<b>Log Data</b>\n</p>\n<p>When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an \"Airbnb User\"), our servers automatically record information that your browser sends whenever you visit a website (\"Log Data\").\nThis Log Data may include information such as your computer's Internet Protocol (\"IP\") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics.\nWe use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs.\nWe also use this information to verify that visitors to the Site meet the criteria required to process their requests.\nWe do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.</p>\n<p>\n<b>Cookies</b>\n</p>\n<p>Like many websites, we use \"cookies\" to collect information.\nA cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.\nWe use cookies for two purposes.\nFirst, we utilize persistent cookies to save your login information for future logins to the Site and Application.\nSecond, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Airbnb Users and web traffic routing on the Site and Application.\nUnlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser.\nThird party advertisers on the Site and Application may also place or read cookies on your browser.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.</p>\n<p>\n<b>Web Beacons</b>\n</p>\n<p>Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients.\nThis allows us to gauge the effectiveness of our customer communications and marketing campaigns.</p>\n<p>\n<b>Emailing Via an Airbnb Account</b>\n</p>\n<p>As part of the Service, Airbnb Users may communicate with Airbnb Members through use of the \"Contact Host\" feature on the Site and Application.\nWhere Airbnb Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Airbnb to those email addresses on their behalf.\nThese email addresses will be used only for the purpose of sending the email communication to the addressee.\nVia the \"Contact Host\" feature of the Site and Application, you may also speak with other Airbnb Members over the phone.\nIn these instances, Airbnb will not share your phone number with the other Airbnb Member, but will use your phone number to contact you over the phone to connect you with the other Airbnb Member.</p>\n<p>If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address.\nWe will automatically send your friend a one-time email inviting him or her to visit the site.\nAirbnb stores this information for the sole purpose of sending this one-time email.</p>\n<p>Your friend may contact us to request that we remove this information from our database.</p>\n<p>You can import contacts from your email account address book to invite them to send you a recommendation.\nWe collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.</p>\n<p>\n<b>Phishing</b>\n</p>\n<p>Identity theft and the practice currently known as \"phishing\" are of great concern to Airbnb.\nSafeguarding information to help protect you from identity theft is a top priority.\nWe do not and will not, at any time, request your credit card information, your Airbnb Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.\nFor more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.</p>\n<p>\n<b>Information Sharing and Disclosure</b>\n</p>\n<p>\n<b>Overview</b>\n</p>\n<p>The Site, Application and Service can be used to facilitate the listing and booking of Accommodations.\nListings for such Accommodations are made available via the Site, Application and Service by Hosts.\nListings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Airbnb User.</p>\n<p>\n<b>Airbnb Members and Users</b>\n</p>\n<p>When you create an Airbnb Account, we will set up an Airbnb Account profile page for you.\nYour Airbnb Account profile page will include your first name and last initial.\nYou can select the other items of Personal Information that you wish to be included in your Airbnb Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Airbnb, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your \"Profile Information\").\nWe will display your Profile Information in your Airbnb Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites.\nAny information you choose to provide as part of your Profile Information will be publicly visible to all Airbnb Users and consequently should reflect how much you want other Airbnb Users to know about you.\nWe recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages.\nYou can review and revise your Profile Information at any time.</p>\n<p>\n<b>Listings</b>\n</p>\n<p>If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML \"widget\".\nWe may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.</p>\n<p>If you request to make a booking via the Site, Application and Service, Airbnb will share the following information about you with the applicable Host: (i) your first and last name, (ii) a link to your Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are \"friends\" or associated on the SNS if such individuals are also \"friends\" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to Airbnb when you became a Member matches the name that you provided to the SNSs to which you have linked your Airbnb Account.\nAll of this information will enable the Host to decide whether to confirm or reject your booking.\nWhen a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly.\nIn no event is a Guest's Billing Information shared with a Host.</p>\n<p>\n<b>Aggregate Information and Non-Identifying Information</b>\n</p>\n<p>We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.\nAny aggregated information shared in these contexts will not contain your Personal Information.</p>\n<p>\n<b>Service Providers</b>\n</p>\n<p>We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Airbnb Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used.\nThese third parties may have access to your Personal Information.\nif they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.\nWe may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.\nYou can, at any time, opt out of receiving such communications.\nThird party vendors, including Google, use cookies to serve ads based on an Airbnb User's prior visits to Airbnb.\nYou can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.</p>\n<p>\n<b>Compliance with Laws and Law Enforcement.\nGuarantee Program</b>\n</p>\n<p>Airbnb cooperates with government and law enforcement officials and private parties to enforce and comply with the law.\nWe will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Airbnb Host Guarantee www.airbnb.com/terms, to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>\n<b>Business Transfers</b>\n</p>\n<p>Airbnb may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.</p>\n<p>\n<b>Changing or Deleting Your Information</b>\n</p>\n<p>All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@airbnb.com or editing the relevant part of their profile.\nIf you would like us to cancel your Airbnb Account, please contact us or select the \"Cancel Account\" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Airbnb Account.\nPlease note that, if you cancel your Airbnb Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application.\nPlease see below for privacy contact information.</p>\n<p>\n<b>Security</b>\n</p>\n<p>Airbnb is very concerned with safeguarding your information.\nWhen you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).\nWe follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.\nNo method of transmission over the Internet, or method of electronic storage, is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our Site and Application, you can contact us.</p>\n<p>We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored \"personal data\" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.</p>\n<p>\n<b>Links to Other Websites</b>\n</p>\n<p>Our Site and Application contain links to other websites.\nIf you choose to visit an advertiser by \"clicking on\" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website.\nThe fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.\nWe do not exercise control over third party websites.\nThese other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.\nOther websites follow different rules regarding the use or disclosure of the personal information you submit to them.\nWe encourage you to read the privacy policies or statements of the other websites you visit.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, http://www.google.com/policies/privacy/</p>\n<p>\n<b>Testimonials</b>\n</p>\n<p>With your consent we may post your testimonial on the Site and Application along with your name.\nIf you want your testimonial removed please contact us.</p>\n<p>\n<b>Our Policy Toward Children</b>\n</p>\n<p>The Site and Application are not directed to individuals under 18.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us.\nIf we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.</p>\n<p>\n<b>Contacting Us</b>\n</p>\n<p>If you have any questions about this Privacy Policy, please visit our help center.\n</p> \n" name: - Terms of Service - Privacy Policy xpath: - "//div[@id='terms-tab-pane']" - "//div[@id='privacy-tab-pane']" updated_at: - 2018-07-17 10:13:05.818255000 Z - 2018-07-17 10:13:05.904939499 Z
someone: 17/07/18 - 10:13
--- text: - " Copyright Policy <p>Notification of Copyright Infringement:</p>\n<p>Airbnb, Inc.\n(\"Airbnb\") respects the intellectual property rights of others and expects its users to do the same.</p>\n<p>It is Airbnb’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.</p>\n<p>In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S.\nCopyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Airbnb will respond expeditiously to claims of copyright infringement committed using the Airbnb website and mobile application (the \"Site and Application\") that are reported to Airbnb’s Designated Copyright Agent, identified in the sample notice below.</p>\n<p>If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Airbnb’s Designated Copyright Agent.\nUpon receipt of the Notice as described below, Airbnb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.</p>\n<p>\n<b>DMCA Notice of Alleged Infringement (\"Notice\")</b>\n<br>1.\nIdentify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.\n<br>2.\nIdentify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.\n<br>3.\nProvide your mailing address, telephone number, and, if available, email address.\n<br>4.\nInclude both of the following statements in the body of the Notice:\n<br> o \"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).\"\n<br> o \"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.\"\n<br>5.\nProvide your full legal name and your electronic or physical signature.</p>\n<p>Deliver this Notice, with all items completed, to Airbnb’s Designated Copyright Agent:</p>\n<p>Copyright Agent\n<br>c/o Airbnb, Inc.\n<br>888 Brannan Street\n<br>San Francisco, CA 94103\n<br>terms@airbnb.com</p>\n<p>\n</p> \n" - " Terms of Service <p>PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.\nTHESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.</p>\n<p>Last Updated: May 22, 2012</p>\n<p>Airbnb, Inc.\n(hereafter referred to as \"<b>Airbnb</b>\", \"<b>we</b>\", \"<b>us</b>\", or \"<b>our</b>\") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\nBy using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (\"<b>Terms</b>\"), whether or not you become a registered user of the Services.\nThese Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Airbnb.\nPlease read carefully these Terms and our Privacy Policy, which may be found at http://www.airbnb.com/terms, and which is incorporated by reference into these Terms.\nIf you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application.\nFailure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.</p>\n<p>THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS.\nYOU UNDERSTAND AND AGREE THAT AIRBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS AIRBNB A REAL ESTATE BROKER, AGENT OR INSURER.\nAIRBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.</p>\n<p>\n<b>Key Terms </b>\n<br>“<b>Airbnb Content</b>” means all Content that Airbnb makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.\n<br>“<b>Collective Content</b>” means Member Content and Airbnb Content.\n<br>“<b>Content</b>” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.\n<br>“<b>Guest</b>” means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.\n<br>“<b>Host</b>” means a Member who creates a Listing via the Site, Application and Services.\n<br>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.\n<br>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.\n<br>“<b>Member Content</b>” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.\n<br>“<b>Tax</b>” or “<b>Taxes</b>” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.\n<br>Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.\nIf there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION.\nIF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.\nIf you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>\n<b>Modification</b>\n<br>Airbnb reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.\nIf we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification.\nWe will also update the “Last Updated Date” at the top of these Terms.\nBy continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.\nIf the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.</p>\n<p>\n<b>Eligibility</b>\n<br>The Site, Application and Services are intended solely for persons who are 18 or older.\nAny access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited.\nBy accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.\n<br>How the Site, Application and Services Work\n<br>The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”).\nSuch Accommodations are included in Listings on the Site, Application and Services by Hosts.\nYou may view Listings as an unregistered visitor to the Site, Application and Services.\nhowever, if you wish to book an Accommodation or create a Listing, you must first register to create an Airbnb Account (defined below).\n<br>As stated above, Airbnb makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations.\nAirbnb is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Airbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services.\nAirbnb’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.</p>\n<p>PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS.\nAIRBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS.\nAIRBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS.\nACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.</p>\n<p>\n<b>Account Registration</b>\n<br>In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“<b>Airbnb Account</b>”) and become a Member.\nYou may register to join the Services directly via the Site or Application or as described in this section.</p>\n<p> You can also register to join by logging into your account with certain third party social networking sites (“<b>SNS</b>”) (including, but not limited to, Facebook).\neach such account, a “<b>Third Party Account</b>”, via our Site or Application, as described below.\nAs part of the functionality of the Site, Application and Services, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Services or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by such third party service providers.\nBy granting Airbnb access to any Third Party Accounts, you understand that Airbnb will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“<b>SNS Content</b>”) so that it is available on and through the Site, Services and Application via your Airbnb Account and Airbnb Account profile page.\nUnless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Airbnb Account on the Site, Services and Application.\nPlease note that if a Third Party Account or associated service becomes unavailable or Airbnb’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.\nYou have the ability to disable the connection between your Airbnb Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.\nPLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.\nAirbnb makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Airbnb is not responsible for any SNS Content.</p>\n<p>We will create your Airbnb Account and your Airbnb Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.\nYou may not have more than one (1) active Airbnb Account.\nYou agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.\nAirbnb reserves the right to suspend or terminate your Airbnb Account and your access to the Site, Application and Services if you create more than one (1) Airbnb Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.\nYou are responsible for safeguarding your password.\nYou 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 Airbnb Account, whether or not you have authorized such activities or actions.\nYou will immediately notify Airbnb of any unauthorized use of your Airbnb Account.</p>\n<p>\n<b>Accommodation Listings </b>\n</p>\n<p>As a Member, you may create Listings.\nTo this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms.\nIn order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses.\nListings will be made publicly available via the Site, Application and Services.\nOther Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing.\nYou understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.</p>\n<p>You acknowledge and agree that you are responsible for any and all Listings you post.\nAccordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.\nPlease note that Airbnb assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.\nAirbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Airbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.</p>\n<p>You understand and agree that Airbnb does not act as an insurer or as a contracting agent for you as a Host.\nIf a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Airbnb is not a party thereto.\nNotwithstanding the foregoing, Airbnb serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.</p>\n<p>When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation.\nAny Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.\nMore information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.</p>\n<p>If you are a Host, Airbnb makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation.\nYou acknowledge and agree that, 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 Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)</p>\n<p>Airbnb recommends that Hosts obtain appropriate insurance for their Accommodations.\nPlease review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.</p>\n<p>\n<b>No Endorsement</b>\n</p>\n<p>Airbnb does not endorse any Members or any Accommodations.\nIn addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity.\nYou are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.\nExcept as provided in the Airbnb Host Guarantee Terms and Conditions (“<b>Airbnb Host Guarantee</b>”), which is an agreement between Airbnb and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members.\n(Please see Airbnb’s Host Guarantee Terms and Conditions at www.airbnb.com/terms for information about the Airbnb Host Guarantee.)</p>\n<p>By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Airbnb with respect to such actions or omissions.\nAccordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.\nThis limitation shall not apply to any claim by a Host against Airbnb regarding the remittance of payments received from a Guest by Airbnb on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.</p>\n<p>\n<b>Bookings and Financial Terms</b>\n</p>\n<p>\n<u>Bookings and Financial Terms for Hosts</u>\n<br>If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the booking request will be automatically cancelled.\nWhen a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Airbnb when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Airbnb Account, so that you can view such information before confirming or rejecting the booking.\nIf you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Airbnb for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released.\nWhen you confirm a booking requested by a Guest, Airbnb will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.</p>\n<p>The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees.\nThe Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “<b>Total Fees</b>”.\nThe amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “<b>Accommodation Fees</b>”.\nPlease note that it is the Host and not Airbnb which determines the Accommodation Fees.\nThe Accommodation Fee may include a cleaning fee, at the Host’s discretion.</p>\n<p>Airbnb charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “<b>Guest Fees</b>”.\nThe Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing.\nAirbnb will collect the Total Fees at the time of booking confirmation (i.e.\nwhen the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less Airbnb’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).</p>\n<p>Appointment of Airbnb as Payment Agent for Host\n<br>Each Host hereby appoints Airbnb as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host.\nEach Host agrees that payment made by a Guest to Airbnb shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees.\nEach Host agrees that, Airbnb may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.\nIn accepting appointment as the limited authorized agent of the Host, Airbnb assumes no liability for any acts or omissions of the Host.</p>\n<p>Please note that Airbnb does not currently charge fees for the creation of Listings.\nHowever, you acknowledge and agree that Airbnb reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.\nPlease note that Airbnb will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.</p>\n<p>Bookings and Financial Terms for Guests\n<br>The Hosts, not Airbnb, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services.\nIf you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.\nYou acknowledge and agree that you, and not Airbnb, will be responsible for performing the obligations of any such agreements, that Airbnb is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Airbnb disclaims all liability arising from or related to any such agreements.\nYou acknowledge and agree that, notwithstanding the fact that Airbnb is not a party to the agreement between you and the Host, Airbnb acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host.\nUpon your payment of amounts to Airbnb which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Airbnb is responsible for remitting such amounts, less Airbnb’s Host Fees, to the Host.\nIn the event that Airbnb does not remit any such amounts to a Host, such Host will have recourse only against Airbnb.</p>\n<p>Listings for Accommodations will specify the Total Fees.\nAs noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the requested booking will be automatically cancelled.\nIf a requested booking is cancelled (i.e.\nnot confirmed by the applicable Host), any amounts collected by Airbnb will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.</p>\n<p>You agree to pay Airbnb for the Total Fees for any booking requested in connection with your Airbnb Account if such requested bookings are confirmed by the applicable Host.\nIn order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Airbnb, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g.\none euro or one British pound) to verify your credit card.\nOnce Airbnb receives confirmation of your booking from the applicable Host, Airbnb will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing.\nPlease note that Airbnb cannot control any fees that may be charged to a Guest by his or her bank related to Airbnb’s collection of the Total Fees, and Airbnb disclaims all liability in this regard.</p>\n<p>In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Airbnb or its third party payment processor.\nYou agree to pay Airbnb for any confirmed bookings made in connection with your Airbnb Account in accordance with these Terms by one of the methods described on the Site or Application – e.g.\nby PayPal or credit card.\nYou hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Airbnb or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.\nYou also authorize Airbnb to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable.\nIf you are directed to Airbnb’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.\nPlease review such terms and conditions and privacy policy before using the services.\nOnce your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.</p>\n<p>\n<b>Security Deposits</b>\n</p>\n<p>Hosts may choose to include security deposits in their Listings (“<b>Security Deposits</b>”).\nEach Listing will describe whether a Security Deposit is required for the applicable Accommodation.\nIf a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Airbnb will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation.\nAirbnb will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Airbnb is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.</p>\n<p>\n<b>Service Fees</b>\n</p>\n<p>In consideration for providing the Services, Airbnb collects service fees from Hosts and Guests (“<b>Service Fees</b>”).\nService Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“<b>Host Fees</b>”).\nWhere applicable, Taxes may also be charged in addition to the Host Fees.\nHost Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation.\nGuest Fees are, as noted above, included in the Total Fees.\n<br>Balances will be remitted by Airbnb to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services.\nPlease note that for any payments by Airbnb in currencies other than U.S.\ndollars, Airbnb may deduct foreign currency processing costs from such payments.\nMore information on foreign currency processing cost deductions will be available via the Site and Application.\nMore information on Services Fees can be found at HYPERLINK \"http://www.airbnb.com/help/topic/hosting\" http://www.airbnb.com/help/topic/hosting.\nExcept as otherwise provided herein, Service Fees are non-refundable.</p>\n<p>\n<b>General Booking and Financial Terms</b>\n</p>\n<p>Cancellations and Refunds\n<br>If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Airbnb will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.\nIf, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation.\nOur ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.\nDetails regarding refunds and cancellation policies are available via the Site and Application.</p>\n<p>If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Airbnb will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Airbnb containing alternative Listings and other related information.\nIf the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Airbnb the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.\nIf a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Airbnb, please contact Airbnb at http://www.airbnb.com/home/contact.</p>\n<p>Recurring Payments\n<br>In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “<b>Recurring Payments</b>”).\nMore information on Recurring Payments will be made available via the Site, Application and Services, if applicable.\nIf Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Airbnb, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.</p>\n<p>Donations\n<br>Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity.\nWe do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.</p>\n<p>Taxes\n<br>IRS regulation, regarding federal tax reporting requirements, stipulates that Airbnb must collect IRS Form W-9 from all property owners in the United States.\nYou understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.\nAirbnb cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.\nAdditionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.\nWhere applicable, or based upon request from a Host, Airbnb may issue a valid VAT invoice to such Host.</p>\n<p>Foreign Currency\n<br>As part of the Services, Airbnb provides a feature through which Members may view Total Fees for various Listings in foreign currencies.\nYou understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings.\nIf you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host.\nThe currency in which you will be charged will be determined by Airbnb based on the payment method you select and the location of the Accommodation in the Listing you are booking.\nIf the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Airbnb will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Airbnb has uploaded to the Site as of the date and time that your booking is confirmed (the “<b>Applicable Exchange Rate</b>”).\nYou acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Airbnb updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.\nand (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.\nFor the avoidance of doubt, Airbnb will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Airbnb makes payment to a Host.</p>\n<p>Damage to Accommodations\n<br>As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived.\nYou acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.\nIn the event that a Host claims otherwise 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.\nAfter being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Airbnb Account.\nAirbnb also reserves the right to charge the credit card on file in your Airbnb Account, or otherwise collect payment from you and pursue any avenues available to Airbnb in this regard, including using Security Deposits, in situations in which you have been determined, in Airbnb’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee, and in relation to any payments made by Airbnb to Hosts.\nIf we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Airbnb (if applicable).</p>\n<p>Both Guests and Hosts agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Airbnb Host Guarantee) or with respect to any investigation undertaken by Airbnb or a representative of Airbnb regarding use or abuse of the Site, Application or the Services.\nIf you are a Guest, upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to losses for which the Host is requesting payment from Airbnb under the Airbnb Host Guarantee.</p>\n<p>If you are a Guest, you understand and agree that Airbnb reserves the right, in its sole discretion, to make 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 to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Airbnb under the Airbnb Host Guarantee.) You agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information as may be reasonably requested by Airbnb 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 Airbnb may reasonably request to assist Airbnb in accomplishing the foregoing.</p>\n<p>\n<b>User Conduct</b>\n</p>\n<p>You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content.\nIn connection with your use of our Site, Application and Services, you may not and you agree that you will not:</p>\n<p>\n</p>\n<ul>\n<br>\n<li>violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;</li>\n<br>\n<li>use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;</li>\n<br>\n<li>use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;</li>\n<br>\n<li>copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;</li>\n<br>\n<li>infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;</li>\n<br>\n<li>interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;</li>\n<br>\n<li>use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;</li>\n<br>\n<li>use our Site, Application or Services in connection with the distribution of unsolicited commercial email (\"spam\") or advertisements unrelated to lodging in a private residence;</li>\n<br>\n<li>\"stalk\" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Airbnb Guest or Host;</li>\n<br>\n<li>offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);</li>\n<br>\n<li>offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;</li>\n<br>\n<li>register for more than one Airbnb Account or register for an Airbnb Account on behalf of an individual other than yourself;</li>\n<br>\n<li>contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;</li>\n<br>\n<li>contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;</li>\n<br>\n<li>when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Airbnb, without Airbnb’s prior written approval;</li>\n<br>\n<li>impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;</li>\n<br>\n<li>use automated scripts to collect information or otherwise interact with the Site, Application or Services;</li>\n<br>\n<li>use the Site, Application and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Airbnb’s provision of the Services;</li>\n<br>\n<li>as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;</li>\n<br>\n<li>or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.\n(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.\n(iii) is fraudulent, false, misleading or deceptive.\n(iv) is defamatory, obscene, pornographic, vulgar or offensive.\n(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.\n(vi) is violent or threatening or promotes violence or actions that are threatening to any other person.\nor (vii) promotes illegal or harmful activities or substances;</li>\n<br>\n<li>systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;</li>\n<br>\n<li>use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Airbnb’s name, any Airbnb trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Airbnb’s express written consent;</li>\n<br>\n<li>access, tamper with, or use non-public areas of the Site or Application, Airbnb’s computer systems, or the technical delivery systems of Airbnb’s providers;</li>\n<br>\n<li>attempt to probe, scan, or test the vulnerability of any Airbnb system or network or breach any security or authentication measures;</li>\n<br>\n<li>avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airbnb or any of Airbnb’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;</li>\n<br>\n<li>forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;</li>\n<br>\n<li>attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content.\nor\n<br>advocate, encourage, or assist any third party in doing any of the foregoing.</li>\n<br>\n</ul>\n<p>Airbnb will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.\nAirbnb may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.\nYou acknowledge that Airbnb has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.\nAirbnb reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airbnb, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.\n<br>\n<b>Privacy</b>\n</p>\n<p>See Airbnb’s Privacy Policy at http://www.airbnb.com/terms and for information and notices concerning Airbnb’s collection and use of your personal information.</p>\n<p>\n<b>Ownership</b>\n</p>\n<p>The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries.\nYou acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Airbnb and its licensors.\nYou will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.</p>\n<p>\n<b>Airbnb Referral Program</b>\n</p>\n<p>As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “<b>Referral Program</b>”, which is a loyalty program we offer to our Members.\nIf you choose to participate in the Referral Program, for each friend you refer to Airbnb for which a Qualifying Referral (defined below) is completed, you may be able to receive Airbnb Travel Credits (defined below) (each a “<b>Referral Reward</b>”).\n“<b>Airbnb Travel Credits</b>” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.</p>\n<p>In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “<b>Qualifying Referral</b>”): (i) you must log in to your Airbnb Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link.\n(ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends.\nor by using the other tools provided by Airbnb to share the unique referral link with friends.\n(iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Airbnb Account and become a Member.\nand (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least seventy-five dollars ($75) that is not subsequently cancelled.\nPlease note that you may not be the Host or the Guest for the booking to receive a Referral Reward.</p>\n<p>Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Airbnb Account in a commercially reasonable amount of time after the Qualifying Referral has been completed.\nThe Referral Rewards you accrue will be displayed in your Airbnb Account profile page.\nReferral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Airbnb Account.\nReferral Rewards accrued in multiple Airbnb Accounts may not be combined into one Airbnb Account.\nYou may not earn Referral Rewards by creating multiple Airbnb Accounts.\nBy acquiring Referral Rewards, you agree and acknowledge that Airbnb is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property.\nYou may not obtain any cash or money in exchange for Referral Rewards.\nExcept as explicitly provided herein, Referral Rewards are non-transferable.\nMembers are responsible for keeping track of the Referral Rewards in their Airbnb Accounts.</p>\n<p>\n<b>Specific Terms Regarding Airbnb Travel Credits</b>\n</p>\n<p>Airbnb Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Airbnb Travel Credits, such Airbnb Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services.\nYou may only redeem Airbnb Travel Credits after the Airbnb Travel Credits are reflected in your Airbnb Account.\nThe scope, variety, and type of services and products that you may obtain by redeeming Airbnb Travel Credits can change at any time.</p>\n<p>Airbnb Travel Credits expire one (1) year from the date that any Airbnb Travel Credits are last accrued in your Airbnb Account.\nAirbnb will notify you at the email address you provided during Account registration within thirty (30) days of when the Airbnb Travel Credits in your Airbnb Account are scheduled to expire.\nIf for some reason you believe that there is a discrepancy regarding your balance of Airbnb Travel Credits, please contact us at terms@airbnb.com.\nAirbnb may require to you to submit additional information in order to make a determination regarding your balance.\nAll decisions regarding your balance will be final and at Airbnb’s sole discretion.\nYou are responsible for any Tax consequences, if any, that may result from your redemption or use of Airbnb Travel Credits.\nWhere applicable, Airbnb may be required to account for VAT on any services for which the Airbnb Travel Credits are redeemed.</p>\n<p>Without limiting any other terms of these Terms and subject to applicable law, all Airbnb Travel Credits are forfeited if your Airbnb Account is terminated or suspended for any reason, in Airbnb’s sole discretion, or if Airbnb discontinues providing the Site, Application, Services or the Referral Program.</p>\n<p>\n<b>Application License</b>\n</p>\n<p>Subject to your compliance with these Terms, Airbnb grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.\nFurthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.\nAirbnb reserves all rights in the Application not expressly granted to you by these Terms.</p>\n<p>\n<b>Airbnb Content and Member Content License</b>\n</p>\n<p>Subject to your compliance with the terms and conditions of these Terms, Airbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Airbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.\nYou have no right to sublicense the license rights granted in this section.</p>\n<p>You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.\nNo licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.</p>\n<p>\n<b>Member Content</b>\n</p>\n<p>We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.\nBy making available any Member Content on or through the Site, Application and Services, you hereby grant to Airbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services.\nAirbnb does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.</p>\n<p>You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services.\nAccordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Airbnb the rights in such Member Content, as contemplated under these Terms.\nand (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airbnb’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.</p>\n<p>\n<b>Links</b>\n</p>\n<p>The Site, Application and Services may contain links to third-party websites or resources.\nYou acknowledge and agree that Airbnb is not responsible or liable for: (i) the availability or accuracy of such websites or resources.\nor (ii) the content, products, or services on or available from such websites or resources.\nLinks to such websites or resources do not imply any endorsement by Airbnb of such websites or resources or the content, products, or services available from such websites or resources.\nYou acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.</p>\n<p>\n<b>Proprietary Rights Notices</b>\n</p>\n<p>All trademarks, service marks, logos, trade names and any other proprietary designations of Airbnb used herein are trademarks or registered trademarks of Airbnb.\nAny other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.</p>\n<p>\n<b>Feedback</b>\n</p>\n<p>We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“<b>Feedback</b>”).\nYou may submit Feedback by emailing us at terms@airbnb.com or through the “Contact” (www.airbnb.com/contact) section of the Site and Application.\nYou acknowledge and agree that all Feedback will be the sole and exclusive property of Airbnb and you hereby irrevocably assign to Airbnb and agree to irrevocably assign to Airbnb all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.\nAt Airbnb’s request and expense, you will execute documents and take such further acts as Airbnb may reasonably request to assist Airbnb to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.</p>\n<p>\n<b>Copyright Policy</b>\n</p>\n<p>Airbnb respects copyright law and expects its users to do the same.\nIt is Airbnb’s policy to terminate in appropriate circumstances the Airbnb Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.\nPlease see Airbnb’s Copyright Policy at www.airbnb.com/terms, for further information.</p>\n<p>\n<b>Termination and Airbnb Account Cancellation</b>\n</p>\n<p>We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Airbnb Account.\nUpon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you.\nIn the event Airbnb terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Airbnb Account you will remain liable for all amounts due hereunder.\nYou may cancel your Airbnb Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@airbnb.com.\nPlease note that if your Airbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.</p>\n<p>\n<b>Disclaimers</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK.\nYOU ACKNOWLEDGE AND AGREE THAT AIRBNB DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.\nAIRBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF AIRBNB TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.\n<br>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.\n<br>YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS.\nYOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS.\nAIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.\nYOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB.\nNOTWITHSTANDING AIRBNB’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.</p>\n<p>\n<b>Limitation of Liability</b>\n</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AIRBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.\n<br>EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE AIRBNB HOST GUARANTEE, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>\n<p>\n<b>Indemnification</b>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms.\n(b) your Member Content.\n(c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any Airbnb Travel Credits.</p>\n<p>\n<b>Export Control and Restricted Countries</b>\n</p>\n<p>You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.\nIn particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries.\nor (b) to anyone on the U.S.\nTreasury Department’s list of Specially Designated Nationals or the U.S.\nDepartment of Commerce’s Denied Person’s List or Entity List.\nBy using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S.\nGovernment embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country and (ii) you are not listed on any U.S.\nGovernment list of prohibited or restricted parties.\nYou also will not use the Site, Application and Services for any purpose prohibited by U.S.\nlaw, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.\nAirbnb does not permit Listings associated with certain countries due to U.S.\nembargo restrictions.</p>\n<p>\n<b>Accessing and Downloading the Application from iTunes</b>\n</p>\n<p>The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):</p>\n<p>You acknowledge and agree that (i) these Terms are concluded between you and Airbnb only, and not Apple, and (ii) Airbnb, not Apple, is solely responsible for the App Store Sourced Application and content thereof.\nYour use of the App Store Sourced Application must comply with the App Store Terms of Services.</p>\n<p>You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.</p>\n<p>In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.\nAs between Airbnb and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Airbnb.</p>\n<p>You and Airbnb acknowledge that, as between Airbnb and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims.\n(ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement.\nand (iii) claims arising under consumer protection or similar legislation.</p>\n<p>You and Airbnb acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Airbnb and Apple, Airbnb, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.</p>\n<p>You and Airbnb acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.</p>\n<p>Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.</p>\n<p>\n<b>Reporting Misconduct</b>\n</p>\n<p>If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Airbnb by contacting us with your police station and report number at terms@airbnb.com.\nprovided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.</p>\n<p>\n<b>Entire Agreement</b>\n</p>\n<p>These Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.\n<br>\n<b>Assignment</b>\n</p>\n<p>You may not assign or transfer these Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<b>Notices</b>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Airbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<b>Controlling Law and Jurisdiction</b>\n</p>\n<p>These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\nYou and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties <b>retain the right to seek </b>injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, <b>as set forth in the Dispute Resolution provision below.\n</b>\n</p>\n<p>\n<b>Dispute Resolution</b>\n</p>\n<p>You and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “<b>Disputes</b>”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).</p>\n<p>\n<b>General</b>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.</p>\n<p>\n<b>Contacting Airbnb</b>\n</p>\n<p>If you have any questions about these Terms or any App Store Sourced Application, please contact Airbnb at terms@airbnb.com.\n</p> Privacy Policy <p>\n<b>Click here to learn more about how we handle do-not-track signals and user tracking.</b>\n</p>\n<p>Last Updated: August 15, 2011</p>\n<p>Airbnb, Inc.\n(\"Airbnb\", \"we\" or \"us\") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.airbnb.com, www.airbnb.de and www.airbnb.fr (collectively, the \"Site\") and our application for mobile devices (the \"Application\") .\nThis Privacy Policy applies only to information that you provide to us through the Site and Application.\nThis Privacy Policy may be updated from time to time.\nWe may update this Privacy Policy to reflect changes to our information practices.\nIf we make any material changes we will notify you by email (sent to the e-mail address specified in your Airbnb Account) or by means of a notice on the Site and Application prior to the change becoming effective.\nWe encourage you to periodically review this page for the latest information on our privacy practices.\nUnless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.airbnb.com/terms).</p>\n<p>As used in this policy, the terms \"using\" and \"processing\" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.</p>\n<p>\n<b>International Transfer</b>\n</p>\n<p>YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION.\nIF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, AIRBNB TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE.\nYOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.</p>\n<p>\n<b>Information Collection and Use</b>\n</p>\n<p>Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the \"Service\") and to enable users to enjoy and easily navigate the Site and Application.</p>\n<p>\n<b>Personally Identifiable Information</b>\n</p>\n<p>When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information.\nThis refers to information about you that can be used to contact or identify you (\"Identity Information\").\nIdentity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information.\nIn order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (\"Billing Information\") (Identity Information and Billing Information together, \"Personal Information\").\nIf the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information.\nSome Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth.\nWe reserve the right to require address confirmation for Accommodations included in Listings.\nIf we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Accommodation included in the applicable Listing.\nWe use your Personal Information to provide the Service and administer your inquiries.</p>\n<p>We collect Personal Information in connection with your registration to join the Service.\nYou can register to join via the Site or Application by completing the required forms.</p>\n<p>You can also register to join by logging into online accounts you may have with third party service providers (\"SNS\")(e.g.\nFacebook).\neach such account, a \"Third Party Account\", via our Site or Application as described below.\nAs part of the functionality of the Site, Service and Application, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Service or Application.\nor (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.\nYou represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by the applicable SNS.\nIf you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your \"real\" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Airbnb to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Airbnb Account and Airbnb Account profile page and you will become a Member.\nDepending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Airbnb Account on the Site, Service and Application.\nIf there is information about your \"friends\" or people with whom you are associated in your Third Party Account, the information we obtain about those \"friends\" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.</p>\n<p>If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information).\nWe use this information to enable your participation in the Affiliate Program and to make payments related thereto.\nMore information on our Affiliate Program is accessible at http://www.airbnb.com/affiliates.</p>\n<p>We also collect the other information that you provide as part of registration and the administration and personalization of your Airbnb Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (\"Non-Identifying Information\").</p>\n<p>We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.</p>\n<p>Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.\nBut the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information).\nWe may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Airbnb Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used.\nWe may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.</p>\n<p>We also use your Personal Information to contact you with Airbnb newsletters, marketing or promotional materials and other information that may be of interest to you.\nIf you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your \"Notifications\" information.\n(See \"Changing or Deleting Information,\" below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service.\nyou may not opt out of these notifications.</p>\n<p>\n<b>Log Data</b>\n</p>\n<p>When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an \"Airbnb User\"), our servers automatically record information that your browser sends whenever you visit a website (\"Log Data\").\nThis Log Data may include information such as your computer's Internet Protocol (\"IP\") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics.\nWe use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs.\nWe also use this information to verify that visitors to the Site meet the criteria required to process their requests.\nWe do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.</p>\n<p>\n<b>Cookies</b>\n</p>\n<p>Like many websites, we use \"cookies\" to collect information.\nA cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.\nWe use cookies for two purposes.\nFirst, we utilize persistent cookies to save your login information for future logins to the Site and Application.\nSecond, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Airbnb Users and web traffic routing on the Site and Application.\nUnlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser.\nThird party advertisers on the Site and Application may also place or read cookies on your browser.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.</p>\n<p>\n<b>Web Beacons</b>\n</p>\n<p>Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients.\nThis allows us to gauge the effectiveness of our customer communications and marketing campaigns.</p>\n<p>\n<b>Emailing Via an Airbnb Account</b>\n</p>\n<p>As part of the Service, Airbnb Users may communicate with Airbnb Members through use of the \"Contact Host\" feature on the Site and Application.\nWhere Airbnb Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Airbnb to those email addresses on their behalf.\nThese email addresses will be used only for the purpose of sending the email communication to the addressee.\nVia the \"Contact Host\" feature of the Site and Application, you may also speak with other Airbnb Members over the phone.\nIn these instances, Airbnb will not share your phone number with the other Airbnb Member, but will use your phone number to contact you over the phone to connect you with the other Airbnb Member.</p>\n<p>If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address.\nWe will automatically send your friend a one-time email inviting him or her to visit the site.\nAirbnb stores this information for the sole purpose of sending this one-time email.</p>\n<p>Your friend may contact us to request that we remove this information from our database.</p>\n<p>You can import contacts from your email account address book to invite them to send you a recommendation.\nWe collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.</p>\n<p>\n<b>Phishing</b>\n</p>\n<p>Identity theft and the practice currently known as \"phishing\" are of great concern to Airbnb.\nSafeguarding information to help protect you from identity theft is a top priority.\nWe do not and will not, at any time, request your credit card information, your Airbnb Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.\nFor more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.</p>\n<p>\n<b>Information Sharing and Disclosure</b>\n</p>\n<p>\n<b>Overview</b>\n</p>\n<p>The Site, Application and Service can be used to facilitate the listing and booking of Accommodations.\nListings for such Accommodations are made available via the Site, Application and Service by Hosts.\nListings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Airbnb User.</p>\n<p>\n<b>Airbnb Members and Users</b>\n</p>\n<p>When you create an Airbnb Account, we will set up an Airbnb Account profile page for you.\nYour Airbnb Account profile page will include your first name and last initial.\nYou can select the other items of Personal Information that you wish to be included in your Airbnb Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Airbnb, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your \"Profile Information\").\nWe will display your Profile Information in your Airbnb Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites.\nAny information you choose to provide as part of your Profile Information will be publicly visible to all Airbnb Users and consequently should reflect how much you want other Airbnb Users to know about you.\nWe recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages.\nYou can review and revise your Profile Information at any time.</p>\n<p>\n<b>Listings</b>\n</p>\n<p>If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML \"widget\".\nWe may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.</p>\n<p>If you request to make a booking via the Site, Application and Service, Airbnb will share the following information about you with the applicable Host: (i) your first and last name, (ii) a link to your Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are \"friends\" or associated on the SNS if such individuals are also \"friends\" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to Airbnb when you became a Member matches the name that you provided to the SNSs to which you have linked your Airbnb Account.\nAll of this information will enable the Host to decide whether to confirm or reject your booking.\nWhen a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly.\nIn no event is a Guest's Billing Information shared with a Host.</p>\n<p>\n<b>Aggregate Information and Non-Identifying Information</b>\n</p>\n<p>We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.\nAny aggregated information shared in these contexts will not contain your Personal Information.</p>\n<p>\n<b>Service Providers</b>\n</p>\n<p>We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Airbnb Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used.\nThese third parties may have access to your Personal Information.\nif they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.\nWe may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.\nYou can, at any time, opt out of receiving such communications.\nThird party vendors, including Google, use cookies to serve ads based on an Airbnb User's prior visits to Airbnb.\nYou can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.</p>\n<p>\n<b>Compliance with Laws and Law Enforcement.\nGuarantee Program</b>\n</p>\n<p>Airbnb cooperates with government and law enforcement officials and private parties to enforce and comply with the law.\nWe will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Airbnb Host Guarantee www.airbnb.com/terms, to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.</p>\n<p>\n<b>Business Transfers</b>\n</p>\n<p>Airbnb may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.</p>\n<p>\n<b>Changing or Deleting Your Information</b>\n</p>\n<p>All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@airbnb.com or editing the relevant part of their profile.\nIf you would like us to cancel your Airbnb Account, please contact us or select the \"Cancel Account\" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Airbnb Account.\nPlease note that, if you cancel your Airbnb Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application.\nPlease see below for privacy contact information.</p>\n<p>\n<b>Security</b>\n</p>\n<p>Airbnb is very concerned with safeguarding your information.\nWhen you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).\nWe follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.\nNo method of transmission over the Internet, or method of electronic storage, is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our Site and Application, you can contact us.</p>\n<p>We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored \"personal data\" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.</p>\n<p>\n<b>Links to Other Websites</b>\n</p>\n<p>Our Site and Application contain links to other websites.\nIf you choose to visit an advertiser by \"clicking on\" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website.\nThe fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.\nWe do not exercise control over third party websites.\nThese other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.\nOther websites follow different rules regarding the use or disclosure of the personal information you submit to them.\nWe encourage you to read the privacy policies or statements of the other websites you visit.</p>\n<p>Some portions of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s).\nYour use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, http://www.google.com/policies/privacy/</p>\n<p>\n<b>Testimonials</b>\n</p>\n<p>With your consent we may post your testimonial on the Site and Application along with your name.\nIf you want your testimonial removed please contact us.</p>\n<p>\n<b>Our Policy Toward Children</b>\n</p>\n<p>The Site and Application are not directed to individuals under 18.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us.\nIf we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.</p>\n<p>\n<b>Contacting Us</b>\n</p>\n<p>If you have any questions about this Privacy Policy, please visit our help center.\n</p> Host Guarantee Terms and Conditions <p>Last Updated: May 22, 2012</p>\n<p>\n<b>AIRBNB HOST GUARANTEE TERMS AND CONDITIONS</b>\n</p>\n<p>Airbnb, Inc.\n(hereafter referred to as “<b>Airbnb</b>”, “<b>we</b>”, “<b>us</b>”, or “<b>our</b>”) provides an online platform that connects hosts (hereafter referred to as “<b>Host</b>,” “<b>you</b>,” or “<b>your</b>”) who have accommodations to rent with <b>Guests</b> (defined below) seeking to rent such accommodations (collectively, the “<b>Services</b>”), which Services are accessible at http://www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “<b>Site</b>”) and as an application for mobile devices (the “<b>Application</b>”).\n<br>Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Airbnb website or one hundred Listings on multiple Airbnb websites, you may benefit from the Airbnb Host Guarantee program (“<b>Airbnb Host Guarantee</b>”), the terms, limitations and conditions for which are set forth below (the “<b>Airbnb Host Guarantee Terms</b>”).\nPlease read these Airbnb Host Guarantee Terms carefully.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB HOST GUARANTEE TERMS.\nIf you accept or agree to these Airbnb Host Guarantee 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 Airbnb Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.</p>\n<p>YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THIS AIRBNB HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES.\nYOUR FAILURE TO FULLY COMPLY WITH SUCH REQUIREMENTS AND CONDITIONS WILL ELIMINATE YOUR ENTITLEMENT TO BENEFITS UNDER THIS AIRBNB HOST GUARANTEE.</p>\n<p>PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “EXCLUDED ACCOMMODATION,” AND “EXCLUDED PROPERTY” BELOW.\nTHESE DEFINITIONS ARE ESPECIALLY SIGNIFICANT IF YOUR ACCOMMODATION IS A CONDOMINIUM, TOWNHOUSE, CO-OPERATIVE, APARTMENT, OR ANY OTHER UNIT IN A MULTIPLE-DWELLING STRUCTURE, COMPLEX, AND/OR DEVELOPMENT.\nTO THE EXTENT THIS HOST GUARANTEE COVERS REAL PROPERTY, IT COVERS ONLY REAL PROPERTY THAT YOU OWN.\nBECAUSE OF THE NUMEROUS VARIATIONS IN THE NATURE AND EXTENT OF OWNERSHIP INTEREST(S) IN MULTIPLE-DWELLING ARRANGEMENTS, AIRBNB STRONGLY RECOMMENDS THAT YOU CLOSELY REVIEW THE DOCUMENTS THAT GOVERN YOUR MULTIPLE-DWELLING ARRANGEMENT.\nTHAT YOU CONSULT WITH YOUR OWNERS’ ASSOCIATION OR OTHER GOVERNING BODY.\nAND THAT YOU CONSULT WITH YOUR INSURANCE BROKER, SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THIS HOST GUARANTEE.</p>\n<p>Except as permitted by law, these Airbnb Host Guarantee Terms do not affect your statutory rights.\nIf you would like a written copy of these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.</p>\n<p>\n<b>I.\nThe Airbnb Host Guarantee</b>\n</p>\n<p>Airbnb agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in this Airbnb Host Guarantee.</p>\n<p>\n<b>II.\nKey Defined Terms</b>\n</p>\n<p>The following capitalized terms shall have the meanings set forth below:</p>\n<p>“<b>Actual Cash Value</b>” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with property or material of like kind and quality, with proper deduction for obsolescence and physical depreciation.</p>\n<p>“<b>Airbnb Insurance</b>” means an insurance policy issued by an insurer to Airbnb pursuant to which Airbnb is insured against losses arising under this Airbnb Host Guarantee.</p>\n<p>“<b>Airbnb Host Guarantee Payment Request Form</b>” means Airbnb’s standard form as amended from time to time, accessible through the Site at http://www.airbnb.com/incidents/new, that a Host uses to request payment from Airbnb pursuant to these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Covered Accommodation</b>” means an accommodation that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation, (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the Airbnb Terms of Service, (iii) not an Excluded Accommodation, and consists of one of the following:</p>\n<p>\n</p>\n<ol>\n<li>\tA house, cottage or similar dwelling and other structure attached to or located on the real property on which such dwelling is located (such as a garage) and fixtures appurtenant thereto;</li>\n<br>\n<li>\tAn individual dwelling unit that is an apartment, condominium, townhouse, co-operative, or other unit within a multiple-dwelling structure, complex, or similar type development (each, a “<b>Dwelling Unit</b>”);</li>\n<br>\n<li>\tA motor vehicle rented through the Services and used solely for lodging purposes.\nor</li>\n<br>\n<li>\tA boat rented through the Services and used solely for lodging purposes.</li>\n</ol>\n<p>“<b>Covered Losses</b>” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest through the Services (other than and excluding Excluded Losses).</p>\n<p>“<b>Covered Property</b>” means and is limited to the following property to the extent of your interest in such property:</p>\n<p>\n</p>\n<ul>\n<li>A.\nReal property (which does not include Excluded Property or Covered Personal Property) that meets each of the following requirements (“<b>Covered Real Property</b>”):\n<br>\n<br>\n<ol>\n<li>\treal property that you own or control.\nand</li>\n<br>\n<li>\tconstitutes either (i) a Covered Accommodation, (ii) new buildings, structures and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest, and/or (iii) fixtures on such Covered Accommodation, including walls, windows, and doors that are part of such Covered Accommodation.</li>\n</ol>\n</li>\n<p>\n</p>\n<li>B.\nPersonal Property means and is limited to tangible personal property (which does not include Excluded Property or Covered Real Property) that meets each of the following requirements (“<b>Covered Personal Property</b>”): <p>\n</p>\n<ol>\n<li>\ttangible personal property that you own or for which you are legally responsible for physical loss or damage to such personal property, or are under an obligation to keep such property insured against physical loss or damage.\nand</li>\n<br>\n<li>\tconstitutes a Covered Accommodation (such as a motor vehicle or boat) or is located within such Covered Accommodation.</li>\n</ol>\n</li>\n</ul>\n<p>“<b>Excluded Accommodation</b>” means:</p>\n<p>\n</p>\n<ol>\n<li>\tany condominium, townhouse, co-operative, apartment, or other unit within a multiple-dwelling structure, complex, or similar type development to the extent owned in whole or in part by anyone other than you, and</li>\n<br>\n<li>\tany common area or easements in or associated with any Dwelling Unit located within a multiple-dwelling structure, complex, or similar type development, even if owned or partially owned by you, including any rights you or any other party may have to use or access such common area.</li>\n<br>\n<li>\tA motor vehicle, vessel or boat to the extent not stationary or used for a purpose other than lodging, including without limitation any use of such vehicle, vessel or boat for transportation purposes.</li>\n</ol>\n<p>“<b>Excluded Property</b>” means the following:</p>\n<p>\n</p>\n<ol>\n<li>\tCurrency, money, credit cards, debit cards, other charge cards, checks, negotiable instruments, precious metal in bullion form, notes, financial securities, and other financial instruments and products.</li>\n<br>\n<li>\tLand, water or any other substance in or on land.\nexcept this exclusion does not apply to land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property.</li>\n<br>\n<li>\tAnimals (including, but not limited to, livestock and pets).\nThis exclusion encompasses all losses of or injuries to animal, all losses due to veterinary care, boarding, medications, and all other services associated with animals.</li>\n<br>\n<li>\tStanding timber.\ngrowing crops.</li>\n<br>\n<li>\tWatercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites.\nThis watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation.\nHowever, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tMotor vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) belonging to you or your employees.\nThis exclusion does not apply with respect to any vehicle that is a Covered Accommodation.\nHowever, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.</li>\n<br>\n<li>\tUnderground mines or mine shafts or any property within such mine or shaft.</li>\n<br>\n<li>\tDams, dikes and levees.</li>\n<br>\n<li>\tProperty in transit.</li>\n<br>\n<li>\tTransmission and distribution lines beyond 1,000 feet of the Covered Accommodation.</li>\n<br>\n<li>\tAny damage to any property that is not in or on a Covered Accommodation.</li>\n<br>\n<li>\tReal property owned by a party other than you and that you do not control, and personal property owned by a party other than you and for which you are not legally responsible.</li>\n<br>\n<li>\tJewelry (including watches, rings, necklaces, and other articles which reasonably considered an item of jewelry).</li>\n<br>\n<li>\tCollections and collectables (including, but not limited to) coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection).</li>\n<br>\n<li>\tFine Art or like articles which you received as a gift or donation.</li>\n<br>\n<li>\tFurs.</li>\n<br>\n<li>\tFood, liquor, wine, and other beverages.</li>\n<br>\n<li>\tFirearms and weapons.</li>\n<br>\n<li>\tReal property, except to the extent any such real property is expressly included in the definition of Covered Property.</li>\n<br>\n<li>\tAny property interest or ownership interest of a party other than you in or to an accommodation.</li>\n<br>\n<li>\tAny property interest or ownership interest of an association or similar body managing or governing the owners of a multiple-dwelling structure, complex, or similar type development.</li>\n</ol>\n<p>“<b>Fine Arts</b>” means paintings.\netchings.\npictures.\ntapestries.\nrare or art glass.\nart glass windows, valuable rugs.\nstatues.\nsculptures.\nantique furniture.\nantique jewelry.\nbric-a-brac.\nporcelains.\nand similar property of rarity, historical value, or artistic merit.\n“Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.</p>\n<p>“<b>Fine Arts Limit</b>” means two thousand U.S.\ndollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of five thousand U.S.\ndollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms).</p>\n<p>“<b>Guest</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who rents and stays on, at, or in a Covered Accommodation, for the period of the Listing.</p>\n<p>“<b>Host</b>” means a Member who has completed Airbnb’s account registration process, has agreed to the Airbnb Terms of Service, and who lists his/her Covered Accommodation(s) on the Site.</p>\n<p>“<b>Invitee</b>” means a person invited to be present at a Covered Accommodation by a Responsible Guest.</p>\n<p>“<b>Limit</b>” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.</p>\n<p>“<b>Listing</b>” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.</p>\n<p>“<b>Member</b>” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” process in the Airbnb Terms of Service.</p>\n<p>“<b>Original Cost</b>” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.</p>\n<p>“<b>Responsible Guest</b>” means the Guest to whom you, as a Host, rented the Covered Accommodation at which the Covered Property for which you request payment pursuant to these Airbnb Host Guarantee Terms is physically situated.</p>\n<p>\n<b>III.\nLimitations and Exclusions</b>\n</p>\n<p>The Airbnb Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following (“<b>Excluded Losses</b>”):</p>\n<p>Emotional distress or injury, and/or bodily injury or death from any cause.</p>\n<p>losses to Excluded Property.</p>\n<p>losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes.</p>\n<p>losses or damages arising out of, or resulting from, your acts or omissions (other than an error or unintentional omission in the description of the location of the Covered Accommodation).</p>\n<p>losses or damages for which you are compensated or reimbursed from a source other than Airbnb including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity.\n(ii) a security deposit.\nor (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.</p>\n<p>losses or damages for Covered Property at or located in a specific Covered Accommodation in excess of the Limit in any consecutive twelve (12) month period.\nWhether this 12-month limit applies to any given loss will be determined by adding the amounts of losses [if any] paid under this Host Guarantee in connection with the specific Covered Accommodation in the twelve (12) months immediately preceding the date of loss.</p>\n<p>losses or damages for Fine Arts located in a specific Covered Accommodation (i) in excess of the Fine Arts Limit, or (ii) received as a gift or donation.</p>\n<p>losses to Covered Property resulting from indirect or remote causes.</p>\n<p>interruption of business, loss of market, loss of reputation or goodwill, and/or loss of use.</p>\n<p>loss, damage, or deterioration arising from any delay.</p>\n<p>mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.</p>\n<p>loss from enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use, or removal, including debris removal, or any property, or (ii) requiring the demolition of any property, including the cost of removing its debris.</p>\n<p>loss from actual or threatened malicious use of poisonous biological or chemical materials.\nThis exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence, to the loss.</p>\n<p>losses due to acts of war or terrorism.</p>\n<p>losses due to nuclear reaction, nuclear radiation, or nuclear contamination.</p>\n<p>losses from hostile or warlike action.</p>\n<p>losses from dishonest acts, including, but not limited to, fraud, theft, committed by or in collusion with: (i) you.\n(ii) any of your proprietors, partners, directors, trustees, officers, or employees, or (iii) any person or entity retained by you to do anything in connection with Covered Property.</p>\n<p>losses due to violations of any law, regulation, or ordinance.</p>\n<p>losses caused by theft, unless the theft is committed by a Responsible Guest or an Invitee.</p>\n<p>losses caused by lack of any of the following services not at a Covered Accommodation: (i) incoming electricity, fuel, water, gas, steam, or refrigerant.\n(ii) outgoing sewage.\n(iii) incoming or outgoing voice, data, or video.</p>\n<p>losses from faulty workmanship, material, construction or design.</p>\n<p>losses from deterioration, depletion, rust, corrosion, erosion, wear and tear, inherent vice, or latent defect.</p>\n<p>losses from settling, cracking, shrinking, bulging, or expansion of foundation or any component thereof, floors, pavements, walls, ceilings, or roofs.\n<br>losses from changes of temperature or humidity.</p>\n<p>losses from insects, animals, or other vermin.\nThis exclusion applies to losses caused by pets, regardless of whether such pets are owned by you, a Guest, and Invitee, or any other person or entity.</p>\n<p>losses from mold, mildew, fungus, spores, or other microorganisms.</p>\n<p>losses caused by a Guest or Invitee after the expiration of the rental period shown in the applicable Listing.</p>\n<p>losses due to wear and tear.</p>\n<p>Losses arising from the loss of use of or loss of profit from Covered Property.</p>\n<p>\n<b>IV.\nConditions to the Airbnb Host Guarantee</b>\n</p>\n<p>IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT FROM AIRBNB UNDER THESE AIRBNB HOST GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS.\nYOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FROM AIRBNB FOR ANY COVERED LOSSES AND/OR ANY SUBMITTED CLAIMS.\nIN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE TO AIRBNB THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.</p>\n<p>You must have incurred Covered Losses.</p>\n<p>The Covered Losses for which you seek payment must be covered under Airbnb Insurance and payment to Airbnb under such Airbnb Insurance, and Airbnb in its sole discretion may make its payment of benefits under this Airbnb Host Guarantee Terms contingent upon the determination that any Covered Losses are covered under the Airbnb Insurance.</p>\n<p>You must have complied with the following safety conditions:</p>\n<p>You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Airbnb’s safety guidelines as described at http://www.airbnb.com/safety.</p>\n<p>You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.</p>\n<p>You must have provided the Responsible Guest with clear written instructions on how the Responsible Guest and any Invitees should conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.</p>\n<p>You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Airbnb Host Guarantee Payment Request Form with Airbnb within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation or (ii) the date by which the next subsequent rental of the same Covered Accommodation begins.</p>\n<p>You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses.\nIf you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek recovery to which you may be entitled, from any person or entity other than the Responsible Guest or Airbnb, with respect to such Covered Losses.</p>\n<p>For all Covered Property which is damaged or destroyed due to a violation or law or criminal act or misdemeanor and for which you are filing an Airbnb Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S.\ndollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Airbnb with a copy of such report, certified by you as true and correct.</p>\n<p>You must provide Airbnb with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.</p>\n<p>You must deliver a signed and sworn proof of loss to Airbnb within sixty (60) days after you have incurred the Covered Loss, unless such deadline is extended in writing by Airbnb.\nThe proof of loss must state your knowledge and belief as to the following:</p>\n<p>The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.</p>\n<p>The ownership, leasehold or other interest or you and all other parties in the Covered Property for which Covered Loss is claimed.</p>\n<p>The Actual Cash Value of each item of the Covered Property that is the subject to the Covered Loss and the amount of such loss or damage to each item of such Covered Property.\nand all liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.</p>\n<p>Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.</p>\n<p>The identity of and other information know about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.</p>\n<p>You must (i) protect and preserve damaged Covered Property from further loss or damages.\nand (ii) promptly separate the damaged and undamaged Covered Property.\nput it in the best possible order.\nand furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value, and amount of loss claimed.</p>\n<p>You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Airbnb’s insurer, (i) exhibit, to Airbnb, it’s insurer or their respective designee, all that remains of any damaged Covered Property.\n(ii) submit to examination under oath by any person designated by Airbnb or Airbnb’s insurer and sign the written records of examination.\nand (iii) produce for examination, at the request of Airbnb, its insurer or their respective designee, all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies of originals are lost).</p>\n<p>You must permit Airbnb or the designee(s) of Airbnb’s insurer to make inspections of Covered Property at all reasonable times.\nHowever, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Airbnb’s insurer to determine or warrant that damaged Covered Property is safe or healthful.\nAirbnb or Airbnb’s insurer will have no liability to you or any other person because of any inspection or failure to inspect.</p>\n<p>You must provide Airbnb with all information reasonably requested by Airbnb to enable it to determine the Actual Cash Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Fine Arts, evidence of the Original Cost of such Fine Arts article in the form of original receipts or other evidence of payment of the purchase price for such Fine Arts article, and the date on which such Fine Arts article was purchased or acquired by you, and (ii) for Covered Property (other than Fine Arts), evidence of the fair market value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.</p>\n<p>Upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest or other responsible party, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to Covered Losses for which you are requesting payment.</p>\n<p>You must cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests by Airbnb for additional information or documentation that Airbnb may require or request to process the applicable Airbnb Host Guarantee Payment Request Form.</p>\n<p>With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Airbnb with a copy of such notice.\nIf the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Airbnb in writing of the lender/mortgagee’s request and transmit a written copy of said request to Airbnb, and provide all other information to enable Airbnb to communicate directly with the lender.\nIf such loss is determined to be a Covered Loss, Airbnb will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied.\nThis condition shall apply to the extent of applicable law in your jurisdiction.</p>\n<p>\n<b>V.\nDisposition of Host Payment Requests</b>\n</p>\n<p>Airbnb Host Guarantee Payment Request Form</p>\n<p>Airbnb will complete its processing of any Airbnb Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Airbnb Host Guarantee Payment Request Form, and (b) provided Airbnb with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Airbnb Host Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Airbnb Host Guarantee Payment Request Form within three (3) months after Airbnb’s receipt of such documents and information.\nIf you receive an Approved Payment Request (as defined below), then as a condition to Airbnb’s obligation to make payment to you, you will be required to execute and deliver to Airbnb the “Airbnb Host Guarantee Approved Payment Request Agreement”, which includes your agreement: (i) to assign to Airbnb or its insurer any rights and remedies you may have to recover amounts paid by Airbnb to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.\n(ii) to reasonably cooperate with Airbnb, including, at Airbnb’s request, appearing as a witness in any court, arbitration or like proceeding, if Airbnb seeks to recover the amount paid by Airbnb to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party.\n(iii) to release and hold harmless Airbnb and its insurer and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Airbnb Host Guarantee Payment Request Form.\n(iv) to treat as “confidential information” the contents and existence of such Airbnb Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement.\nand (v) to refund to Airbnb any amounts that are erroneously paid by Airbnb to you with respect to an Approved Payment Request, such determination by Airbnb to be based upon factors including, but not limited to, documentation in Airbnb’s possession, your actions, and police reports, if applicable.</p>\n<p>The duration of Airbnb’s processing period of any Airbnb Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss.\n(ii) the location of the Covered Accommodation.\n(iii) the nature of the Covered Property and the nature of the Covered Losses.\n(iv) the completeness and type of documentation and information that you provide Airbnb regarding the Covered Losses.\nand (v) the number of Airbnb Host Guarantee Payment Request Forms that Airbnb is then currently processing for other Hosts.</p>\n<p>\n<i>Approved Payment Request</i>\n</p>\n<p>If you have filed an Airbnb Host Guarantee Payment Request form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “<b>Approved Payment Request</b>”), Airbnb will pay you the amount of the Covered Loss as determined below under “Determination of the Amount of the Covered Loss”.\nYou will be notified by Airbnb and, as a condition of payment hereunder, you will be required to deliver to Airbnb an executed Approved Payment Request Agreement.\nAirbnb may use third party service providers to assist in the processing of the Airbnb Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.</p>\n<p>For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, Airbnb reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property.\nIf Airbnb pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled.\nFor clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Airbnb pursuant to these Airbnb Host Guarantee Terms, including without limitation any payments made by Airbnb directly to the owner of any Covered Property.</p>\n<p>\n<i>Determination of the Amount of the Covered Loss</i>\n</p>\n<p>You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold.\nCovered Property reasonably judged by you to be unfit for [reprocessing] or sale will not be sold or disposed of except by you or with your consent.\nProceeds from the sale or other disposition of Covered Property will go to (i) Airbnb at the time of the loss settlement, or (ii) you if such proceeds are received prior to loss settlement and such proceeds will reduce the amount of the loss payable to you.</p>\n<p>You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged.</p>\n<p>Amount of Covered Losses will be computed by Airbnb as of the date of loss, at the location of the loss, subject to the following:</p>\n<p>A.\nOn exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation.\nCosts of research, engineering, or restoring or recreating lost information will not be paid.</p>\n<p>B.\nOn Fine Arts, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss.\n(ii) the cost to replace the article.\n(iii) the current appraised value.\nor (iv) if the Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, repaired, or restored to its immediate pre-loss condition, you will receive the full value of the pair or set or the current appraised value, whichever is less, provided that you surrender the pair or set to Airbnb’s insurer.</p>\n<p>C.\nFor all Covered Property (other than that described in paragraphs A and B above), the lesser of: (i) the cost to repair such damaged Covered Property.\n(ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality.\n(iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss.\n(iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents and improvement in function and/or forms part of a program of system enhancement.\nor (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.</p>\n<p>D.\nAny amount of any Covered Losses payable by Airbnb under this Airbnb Host Guarantee will be reduced by the amount paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party).</p>\n<p>Covered Losses will be paid in the currency of the United States of America unless, in Airbnb’s sole discretion, Airbnb elects to pay losses in a different currency.\nIf currency conversions are required, rates exchange will be calculated based on those published in the Wall Street Journal.</p>\n<p>AIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MAKE AIRBNB’S PAYMENT FOR LOSSES CONTINGENT UPON THE ACCEPTANCE AND PAYMENT OF A COVERED LOSS UNDER THE AIRBNB INSURANCE.\nAIRBNB RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO PAY A HOST FOR A COVERED LOSS BEFORE THE INSURER OF SUCH AIRBNB INSURANCE ACCEPTS SUCH CLAIM AND/OR PAYS AIRBNB FOR THE CLAIM, OR TO DEFER PAYMENT TO YOU UNTIL THE INSURER ACCEPTS THE CLAIM AND/OR PAYS AIRBNB FOR SUCH COVERED LOSS IN ACCORDANCE WITH THE AIRBNB INSURANCE.</p>\n<p>YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE AIRBNB INSURANCE POLICY.\nAIRBNB IS NOT CHARGING YOU FOR THIS AIRBNB HOST GUARANTEE OR FOR ANY PORTION OF AIRBNB’S INSURANCE PREMIUM UNDER THE AIRBNB INSURANCE.\nTO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORD BY THE AIRBNB HOST GUARANTEE, AIRBNB STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT AIRBNB OR IT’S INSURER DECLINES COVERAGE FOR CLAIMS UNDER THIS AIRBNB HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THIS AIRBNB HOST GUARANTEE.</p>\n<p>\n<b>VI.\nAcknowledgments and Agreements by the Host</b>\n</p>\n<p>You acknowledge and agree that:</p>\n<p>This Airbnb Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring that your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.</p>\n<p>Airbnb provides Hosts with the Airbnb Host Guarantee benefits described herein free of charge solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.</p>\n<p>These Airbnb Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Airbnb Host Guarantee.\nFurthermore, these Airbnb Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.</p>\n<p>The benefits provided under these Airbnb Host Guarantee Terms are solely as set forth in the paragraph entitled “Airbnb Host Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.</p>\n<p>Airbnb and/or its insurer reserve the right to independently investigate (or to have independently investigated) at Airbnb’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Airbnb Host Guarantee Payment Request Form that you file with Airbnb, notwithstanding your delivery of all information and materials that you are required to provide Airbnb in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Airbnb Host Guarantee,” and regardless of the impact that Airbnb’s exercise of the rights described herein will have on the time it will take for Airbnb to complete processing such request form.</p>\n<p>Airbnb reserves the right, at any time, to offset or deduct from the amounts payable or paid by Airbnb to you under these Airbnb Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.</p>\n<p>Because these Airbnb Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies.\nThus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guaranty obligation under these Airbnb Host Guarantee Terms.</p>\n<p>\n<b>VII.\nModification or Termination of Airbnb Host Guarantee Terms</b>\n</p>\n<p>To the extent permissible by applicable law in your jurisdiction, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms, at any time, in its sole discretion, and without prior notice.\nIf Airbnb terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will provide you with notice of such termination and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Airbnb Host Guarantee Payment Request Forms will immediately terminate.\nIf Airbnb modifies these Airbnb Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification.\nBy continuing to access or use the Site, Application or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Host Guarantee Terms.\nIf the modified Airbnb Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Host.</p>\n<p>In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Airbnb Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction.\n(ii) Airbnb is required to obtain a license or permit of any kind to continue to provide these Airbnb Host Guarantee Terms in any jurisdiction.\nor (iii) Airbnb determines or a court or arbitrator holds that the provisions of the Airbnb Host Guarantee Terms violate applicable law.\nIf Airbnb modifies or terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will process all Airbnb Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.</p>\n<p>Airbnb’s obligations hereunder are contingent upon the availability of insurance proceeds under Airbnb’s insurance policy.\nThe applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host listed the Covered Accommodation.\nIf the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Guest’s stay, Airbnb will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.</p>\n<p>\n<b>VIII.\nSubrogation</b>\n</p>\n<p>Airbnb and/or Airbnb’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you.\nFurther, you hereby agree that, with respect to any payments made under this Airbnb Host Guarantee by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.</p>\n<p>\n<b>IX.\nDisclaimers and Limitations of Liability</b>\n</p>\n<p>IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK.\nTHE AIRBNB HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.\nWITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\nAIRBNB MAKES NO WARRANTY THAT THE AIRBNB HOST GUARANTEE WILL MEET YOUR REQUIREMENTS.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU.\nNEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>\n<p>EXCEPT FOR AIRBNB’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE AIRBNB HOST GUARANTEE TERMS, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.\nTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>\n<p>\n<b>X.\nGeneral Provisions</b>\n</p>\n<p>\n<i>Indemnification</i>\n</p>\n<p>You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Airbnb Host Guarantee Terms.</p>\n<p>If you rent (rather than own) the accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation.\nYou are fully responsible for securing the lessor’s permission to list the accommodation with Airbnb and complying with the scope of any permission granted.</p>\n<p>\n<i>Entire Agreement </i>\n</p>\n<p>These Airbnb Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Airbnb Host Guarantee and these Airbnb Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding the Airbnb Host Guarantee.</p>\n<p>\n<i>Assignment</i>\n</p>\n<p>You may not assign or transfer these Airbnb Host Guarantee Terms, by operation of law or otherwise, without Airbnb’s prior written consent.\nAny attempt by you to assign or transfer these Airbnb Host Guarantee Terms, without such consent, will be null and of no effect.\nAirbnb may assign or transfer these Airbnb Host Guarantee Terms, at its sole discretion, without restriction.\nSubject to the foregoing, these Airbnb Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.</p>\n<p>\n<i>Notices</i>\n</p>\n<p>Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Host Guarantee Terms, will be in writing and given by Airbnb (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.\nFor notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.</p>\n<p>\n<i>Controlling Law</i>\n</p>\n<p>These Airbnb Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.</p>\n<p>\n<i>Dispute Resolution</i>\n</p>\n<p>General.\nYou and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration.\nYou acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.\nFurther, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.\nIf this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.\nExcept as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Airbnb Host Guarantee Terms.</p>\n<p>Arbitration Rules and Governing Law.\nThe arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.\n(The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.</p>\n<p>Arbitration Process.\nA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.\n(The AAA provides a form Demand for Arbitration at http://www.adr.org/si.asp?id=3477 and a separate form for California residents at http://www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.\nIf the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.</p>\n<p>Arbitration Location and Procedure.\nUnless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside.\nIf your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.\nIf your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.\nSubject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.</p>\n<p>Arbitrator’s Decision.\nThe arbitrator will render an award within the time frame specified in the AAA Rules.\nThe arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.\nJudgment on the arbitration award may be entered in any court having jurisdiction thereof.\nThe arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.\nThe arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.\nIf you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.\nAirbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.</p>\n<p>Arbitration Fees.\nYour responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.\nHowever, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).</p>\n<p>Changes.\nNotwithstanding the provisions of the “Modification or Termination of Airbnb Host Guarantee Terms” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to terms@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change.\nBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms).</p>\n<p>\n<i>Waiver and Severability</i>\n</p>\n<p>The failure of Airbnb to enforce any right or provision of these Airbnb Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision.\nThe waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb.\nExcept as expressly set forth in these Airbnb Host Guarantee Terms, the exercise by either party of any of its remedies under these Airbnb Host Guarantee Terms will be without prejudice to its other remedies under these Airbnb Host Guarantee Terms or otherwise.\nIf for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Host Guarantee Terms will remain in full force and effect.</p>\n<p>\n<b>XI.\nContacting Airbnb</b>\n<br>If you have any questions about these Airbnb Host Guarantee Terms, please contact Airbnb at terms@airbnb.com.\n</p> Guest Refund Policy Terms <p>These terms and conditions govern the Airbnb Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the Airbnb platform (the \"Site\") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.</p>\n<p>\n<b>1.\nTravel Issue.</b> A “Travel Issue” means any one of the following:\n<br>(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).\n<br>(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:\n<br>(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),\n<br>(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,\n<br>(iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or\n<br>(iv) the physical location of the Accommodation (proximity).\n<br>(c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Airbnb’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.</p>\n<p>\n<b>2.\nThe Guest Refund Policy.</b> If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Airbnb in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.</p>\n<p>\n<b>3.\nConditions to Claim a Travel Issue.</b> Only a Guest may submit a claim for a Travel Issue.\nIf you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:\n<br>(a) you must bring the Travel Issue to our attention in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.\n<br>(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).\n<br>(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.</p>\n<p>\n<b>4.\nMinimum Quality Standards, Host Responsibilities and Reimbursement to Guest.</b> If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues.\nDuring the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.\n<br>If you are a Host, and if (i) Airbnb determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Airbnb either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse Airbnb up to the amount paid by Airbnb within 30 days of Airbnb’s request.\nAll determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts.\nYou also agree that in order for you to reimburse Airbnb up to the amount paid by Airbnb, Airbnb may off-set or reduce any amounts owed by Airbnb to you by this amount.\nIf the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you.\nIf the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.\n<br>The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host.\nIf you dispute the Travel Issue you may notify us in writing (airbnb.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.\nYou agree that all determinations of Airbnb with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue.\nIn the event of one or more Travel Issues, Airbnb, in its discretion, may elect to take additional actions.\nThese actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.</p>\n<p>\n<b>5.\nGeneral Provisions.</b>\n<br>(a)\tNo Assignment/No Insurance.\nThis Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy.\nThe benefits provided under this Guest Refund Policy are not assignable or transferable by you.\n<br>(b) Modification or Termination.\nAirbnb reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice.\nIf Airbnb modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Airbnb will continue to process all claims for Travel Issues made prior to the effective date of the modification.\n<br>(c)\tEntire Agreement and Definitions.\nThis Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Airbnb and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Airbnb and you regarding the Guest Refund Policy.\nCapitalized terms not otherwise defined herein shall have the meaning set forth in the Airbnb Terms of Service.\n<br>(d)\tControlling Law.\nThis Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.\n<br>(e)\tLimitation of Liability.\nIN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AIRBNB POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMODATION FEES COLLECTED BY AIRBNB FROM THE GUEST.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\n<br>YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.</p>\n<p>\n<b>6.\nContacting Airbnb.</b> If you have any questions about the Guest Refund Policy, please contact Airbnb at http://airbnb.com/contact.\n</p> Copyright Policy <p>Notification of Copyright Infringement:</p>\n<p>Airbnb, Inc.\n(\"Airbnb\") respects the intellectual property rights of others and expects its users to do the same.</p>\n<p>It is Airbnb’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.</p>\n<p>In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S.\nCopyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Airbnb will respond expeditiously to claims of copyright infringement committed using the Airbnb website and mobile application (the \"Site and Application\") that are reported to Airbnb’s Designated Copyright Agent, identified in the sample notice below.</p>\n<p>If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Airbnb’s Designated Copyright Agent.\nUpon receipt of the Notice as described below, Airbnb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.</p>\n<p>\n<b>DMCA Notice of Alleged Infringement (\"Notice\")</b>\n<br>1.\nIdentify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.\n<br>2.\nIdentify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.\n<br>3.\nProvide your mailing address, telephone number, and, if available, email address.\n<br>4.\nInclude both of the following statements in the body of the Notice:\n<br> o \"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).\"\n<br> o \"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.\"\n<br>5.\nProvide your full legal name and your electronic or physical signature.</p>\n<p>Deliver this Notice, with all items completed, to Airbnb’s Designated Copyright Agent:</p>\n<p>Copyright Agent\n<br>c/o Airbnb, Inc.\n<br>888 Brannan Street\n<br>San Francisco, CA 94103\n<br>terms@airbnb.com</p>\n<p>\n</p> Safe Harbor Notice <p>\n<b>AIRBNB, INC.</b>\n<br>\n<b>GENERAL EEA/CH SAFE HARBOR NOTICE</b>\n</p>\n<p>Effective December 24, 2012</p>\n<p>\n<b>SCOPE OF SAFE HARBOR CERTIFICATION</b>\n<br>Airbnb, Inc.\n(“we”) recognize(s) that the European Community has established a data protection regime pursuant to Directive 95/46/EC (the “Directive”).\nThe Directive applies to the European Economic Area (“EEA”).\nSwitzerland has also established a data protection regime pursuant to the Federal Act on Data Protection (“FADP”).\nThese regimes restrict companies in the EEA and Switzerland (collectively, “EEA/CH”) from transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States.</p>\n<p>To create such “adequate protection” and allow its subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and the FADP, Airbnb, Inc.\nadheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that subsidiaries, customers and other business partners in the EEA/CH send to Airbnb, Inc.\n(“EEA/CH Data”).\nMore information on the Safe Harbor Principles and Airbnb, Inc.’s scope of participation is available at http://export.gov/safeharbor/.</p>\n<p>\n<b>SCOPE OF THIS NOTICE</b>\n<br>This Notice applies to EEA/CH Data relating to data subjects residing in the EEA/CH (“EEA/CH Persons”) Airbnb, Inc.\nreceives from affiliated and unaffiliated companies, customers (including guests and hosts) and business partners, via our European-facing websites (including, but not limited to, www.airbnb.co.uk, www.airbnb.de, www.airbnb.es, etc.).\nThis Notice and our Safe Harbor registration does not apply to data received through www.airbnb.com.\nThis Notice does not apply to personal data that we receive in the context of employment with Airbnb, Inc.\nor one of our subsidiaries.\nseparate notices address such excepted situations.\nThe English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.</p>\n<p>\n<b>CATEGORIES OF EEA/CH DATA</b>\n<br>We receive certain information from users of our platform, including current and former hosts, guests and members of the public who may search our platform, and from individual representatives of Airbnb, Inc.’s corporate business partners, such as service providers, vendors and suppliers.\nSuch EEA/CH Data includes, without limitation, names, addresses, phone numbers, email addresses, internet addresses, and any other personal data that are affirmatively provided to Airbnb, Inc.\nin order to provide the platform or manage our business\n<br>relationships.</p>\n<p>\n<b>PURPOSES</b>\n<br>We collect and use EEA Data for purposes of providing the platform to our users, transmitting marketing emails and performing other marketing activities, and conducting related tasks for legitimate business purposes.</p>\n<p>\n<b>DISCLOSURE</b>\n<br>We share EEA/CH Data with our subsidiaries, affiliates and contractors.\nWe also share EEA/CH Data with other third parties as instructed by us and in order to comply with our binding contracts and as required or permitted by law.\nWith respect to marketing e-mails from Airbnb, Inc., EEA/CH Persons may opt-out by submitting an e-mail request to safeharbor@airbnb.com with “Opt-Out” in the subject line, or by following opt-out instructions that are contained in each marketing email.\nEEA/CH Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for Airbnb, Inc.\nto provide services.\nWe may also disclose EEA/CH Data if legally required or permitted by law and we have a legitimate business interest in such disclosure.</p>\n<p>\n<b>ACCESS AND REVIEW</b>\n<br>EEA/CH Persons whose EEA/CH Data Airbnb, Inc.\nholds as a data controller may request access to, and the opportunity to update, correct or delete some or all of the EEA/CH Data that Airbnb, Inc.\nholds about them.\nTo submit such requests or raise any other questions, please contact the Airbnb, Inc.\nSafe Harbor Contact as described below.\nAirbnb, Inc.\nreserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by the Safe Harbor Principles.</p>\n<p>\n<b>SAFE HARBOR CONTACT</b>\n<br>Please e-mail any comments or questions regarding our safe harbor compliance to safeharbor@airbnb.\nIf you have a comment or question that cannot be resolved with Airbnb, Inc.\ndirectly, you may contact the competent local data protection authority in your EEA/CH Member State if it falls within the scope of this Notice.\nAs stated above, the English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.</p>\n<p>\n</p> Tracking and Do Not Track Signals <p>While browsers allow you to disable the usage of cookies, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application.\nWe will not, for any marketing purposes, load cookies/web beacons or any other kind of software that tracks your general behavior while you are visiting third party websites or using third party mobile applications.\nWe do, however, track if you click on advertisements for Airbnb services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.</p>\n<p>We may also track your activities on third party websites and mobile platforms in the following circumstances:\n<br>\n</p>\n<ul>\n<br>\n<li>As described in our Privacy Policy (at the “Privacy Policy” tab at http://www.airbnb.com/terms), including but not limited to the “Cookies,” “Personally Identifiable Information” and “Log Data” sections;</li>\n<br>\n<li>When you link your account on a third party site with social networking functionality to your Airbnb account;</li>\n<br>\n<li>To show you content (which may include advertisements) that is more relevant to you.\nand</li>\n<br>\n<li>For fraud prevention, risk assessment and regulatory compliance purposes.</li>\n<br>\n</ul>\n<p>We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Site and Application for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and Application and pay for your activities on the Site and Application.\nWe may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Site and Application to market and advertise our services to you.</p>\n<p>Third parties may not collect information about individual consumers’ online activities on the Site and Application except as described in our Privacy Policy (at the “Privacy Policy” tab at http://www.airbnb.com/terms), including but not limited to the “Personally Identifiable Information”, “Cookies” and “Log Data” sections.\n</p> \n" name: - Copyright Policy - Terms of Service xpath: - "//div[@id='copyright-tab-pane']" - "//div[@id='terms-tab-pane']" updated_at: - 2018-07-17 10:11:51.722988000 Z - 2018-07-17 10:13:05.818255542 Z
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--- text: - " Privacy Policy Sections <ul>\n<li>Scope of Information</li>\n<li>Information Collected</li>\n<li>Use of Information</li>\n<li>Disclosure of Information</li>\n<li>Your Choices</li>\n<li>Access</li>\n<li>Protection of Information</li>\n<li>Transfer of Data Internationally</li>\n<li>Visitors from Outside the United States</li>\n<li>California Visitors</li>\n<li>Privacy Protections for Children</li>\n<li>User-Generated Content</li>\n<li>Third Party Sites</li>\n<li>Changes to This Privacy Policy</li>\n<li>Questions</li>\n</ul>Privacy Policy Topics <ul>\n<li>Privacy Policy Highlights</li>\n<li>Privacy Principles</li>\n<li>CBS Interactive Privacy Policy FAQ</li>\n<li>Cookies, Web Beacons, and Other Similar Technologies</li>\n<li>Managing Cookies</li>\n<li>CBS Interactive Online Advertising</li>\n<li>CBS Interactive Advertising Opt-Out</li>\n<li>Third-Party Online Advertising</li>\n<li>Video Services and Social Networking Policy</li>\n<li>CBS Television Stations and FCC Requirements</li>\n<li>Information for Visitors from California</li>\n<li>Information for Visitors from Australia</li>\n<li>Information for Visitors from Canada</li>\n<li>Information for Visitors from the European Union (EU)</li>\n<li> Information for Visitors using Last.fm</li>\n<li>Children's Privacy Policy</li>\n</ul> Last Modified: April 23, 2018 <p>\n<strong>Note:</strong> The CBS Interactive Privacy Policy has been updated.\nPlease review the updated privacy policy carefully before using the CBS Interactive Services.\nBy using any of the CBS Interactive Services, you consent to the terms of the updated Privacy Policy.\n</p>\n<p> Click here for more information about the updates and to review the previous version.\n</p>\n<p> Welcome to the network of interactive services provided by CBS Interactive Inc., its affiliates and its subsidiaries (collectively “CBS Interactive,” “us,” or “we”).\nCBS Interactive is committed to protecting your privacy.\nCBS Interactive owns, operates, or provides access to, several interactive websites, mobile and connected TV applications, or other online interactive features and services that provide an authorized link or URL to this Privacy Policy (collectively \"CBS Interactive Services\", or \"Services\").\nTrust is a cornerstone of our mission at CBS Interactive.\nWe are committed to gaining and maintaining your trust by following a core set of Privacy Principles.\n</p>\n<ol>« Back To Top » <li>Scope <p>This Privacy Policy applies to information, including contact information, collected about you by the CBS Interactive Services.\nPlease review this Privacy Policy carefully.\nThe Privacy Policy describes, among other things, the types of information collected about you when you visit the CBS Interactive Services.\nhow your information may be used and when it may be disclosed.\nhow you can control the use and disclosure of your information.\nand how your information is protected.\nIn addition, please review our Terms of Use which governs your use of the CBS Interactive Services.</p>\n</li> « Back To Top » <li>Information Collected <p>\n<strong>Information you provide directly to CBS Interactive Services</strong>.\nYou are not required to provide information about yourself when you visit a CBS Interactive Services.\nCBS Interactive Services may ask you for different types of information when you register for certain services, access various content or features, or directly contact the Services including: </p>\n<ul>\n<li>Contact information, such as name, email address, postal address, phone number, facsimile number, and mobile number;</li>\n<li>User name, password, and password reminder questions and answers;</li>\n<li>Age and date of birth;</li>\n<li>Other demographic information, such as gender, job information, and postal code;</li>\n<li>Public information, including profile information, you provide to the CBS Interactive Services for publication, such as your user name, comments, likes, interests, status, pictures and the address of your website;</li>\n<li>Communications preferences, such as which newsletters you would like to receive;</li>\n<li>Search queries;</li>\n<li>In limited circumstances, payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and driver's license number where needed for payment, to complete a particular transaction, or to access a particular service (e.g., contests or paid subscriptions);</li>\n<li>Contact information about others when you provide information about others or refer a friend with whom you have an existing business, non-business, family or personal relationship to a particular website or service (note: such information is used solely to facilitate the communications requested);</li>\n<li>Information posted in community discussions and other interactive online features;</li>\n<li>Correspondence you send to us.\nand</li>\n<li>Information collected about you offline (including via facsimile, mail, or in person for sweepstakes entrance forms).</li>\n</ul>\n<p>\n<strong>Information we collect automatically on CBS Interactive Services</strong>.\nCBS Interactive Services may collect certain information automatically, including: </p>\n<ul>\n<li>Your device type and settings, software used and browser type and operating system;</li>\n<li>Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;</li>\n<li>Websites or other services you visited before and after visiting a CBS Interactive Services;</li>\n<li>Web pages and advertisements you view and links you click on within CBS Interactive Services;</li>\n<li>Unique identifiers and connection information, including mobile device identification numbers (e.g.\nApple’s Identifier for Advertising IP (IDFA) or Google’s Android Advertising ID (AAID)) and internet connection means (e.g.\nmobile operator, ISP, WiFi connection) that can identify the physical location of such devices in accordance with applicable law;</li>\n<li>Information collected through cookies, web beacons, and other similar technologies;</li>\n<li>Information about your interactions with audio and video content, such as the type of content listened to (including music applications such as iTunes, Spotify and Last.fm) content viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded;</li>\n<li>Upon request, your bandwidth speed and information about the software programs installed on your computer including registry key information.\nand</li>\n<li>Standard server log information.</li>\n</ul>\n<p>\n<strong>Information we obtain from other sources</strong>.\nWhere permitted by applicable law, we may collect information about you from other sources, including through interactive applications (e.g., mobile devices, third party services, and embedded audio and video players), from co-branded partners and websites (e.g., on our Facebook pages), and from commercially available sources (e.g., data aggregators and public databases).\nThe following are examples of information we may collect from other sources: </p>\n<ul>\n<li>Name, postal address, and telephone number;</li>\n<li>Demographic data, such as age, gender, and income level;</li>\n<li>If you access third party services (e.g., Facebook, Google+ or Twitter) through a CBS Interactive Service, or if you access a CBS Interactive Service via a third party service, your username and password for those services and other information available about or collected from you on those services, as described in our overview of Video Services and Social Networking Policy</li>\n<li>Your interests and purchase behavior;</li>\n<li>Publicly-observed data, such as activities on blogs, videos, and other online postings.\nand</li>\n<li>Other navigation data, such as websites visited and advertisements viewed or clicked on.</li>\n</ul>\n<p> This Privacy Policy does not cover the practices of third parties, including those that may disclose information to CBS Interactive.\n</p>\n<p>\n<strong>Combining Information</strong>.\nPlease note that all of the information we collect about you may be combined, including to help us tailor our communications to you and to develop rich online content and services across the CBS Interactive Services.\nYour specific consent will be obtained where it is required by law.\n</p>\n</li> « Back To Top » <li> Use of Information <p>We only use payment and identity verification information, such as credit card numbers, driver's license numbers, social security numbers, or comparable national identifiers as necessary for completing a particular transaction or fulfilling a service (e.g., paid subscriptions or awarding prizes to contest winners) or as otherwise required by law.We generally use other information we collect about you to:</p>\n<ul>\n<li>Fulfill your requests for products, services, and information, including to send you electronic newsletters, authorize a purchase, and complete a transaction that you have requested;</li>\n<li>Enable you to participate in features such as surveys, polls, contests, sweepstakes, and message boards;</li>\n<li>Provide you with electronic newsletters, information, special offers and promotional materials on behalf of CBS Interactive Services, companies within our corporate family, and third parties, in accordance with applicable law;</li>\n<li>Analyze the use of CBS Interactive Services and information about visitors to our Services to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce or disclose anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;</li>\n<li>Customize the content you see when you visit a CBS Interactive Services;</li>\n<li>Develop and provide advertising tailored to your interests, as described in our overview of CBS Interactive Online Advertising;</li>\n<li>Prevent potentially prohibited or illegal activities otherwise in accordance with CBS Interactive's Terms of Use, including restrictions of the use of software to remove, modify, disable, block or otherwise impair any advertising in connection with the Services.\nand</li>\n<li>For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.</li>\n</ul>\n</li> « Back To Top » <li> Disclosure of Information <p> CBS Interactive is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.\nWe may share information collected about you as disclosed at the time of collection, as otherwise disclosed in this privacy policy, and in the following circumstances: </p>\n<ul>\n<li>\n<strong>With your consent.</strong> With your consent, we may share your contact information with third party marketing partners.\nFor example, CBS Interactive Services such as ZDNet.com and TechRepublic.com offer free access to relevant services (e.g., webcasts and white papers) if you allow your information to be shared with third parties so that they can contact you by email, telephone, postal mail or other common communication methods about their products or services.</li>\n<li>\n<strong>Authorized third party service providers.</strong> We share your contact information with third party vendors who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing, suppression list management and data processing.\nThese third parties are allowed to use your contact information to help us provide our services and not for any other purpose.\nAlso, authorized third party service providers may collect non-contact information about your visits to our Services with cookies, web beacons and other similar technologies that may be used to deliver advertisements or marketing tailored to your interests or, in connection with other data about you including data regarding your use of websites, apps or other services over time and across the Internet, to determine the connections that may exist among different devices.\nFor example, if your IP address is associated with multiple devices (such as smartphones, connected TVs, tablets and so on), these services providers may determine that you, as a user, are connected to such devices.\nFor more information, visit our overview on cookies, web beacons and other technologies (including Do Not Track).</li>\n<li>\n<strong>Sweepstakes, contests, or promotions.</strong> When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your information may be disclosed to our sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis.\nYour information also may be disclosed as required by law, such as on a winners list.\nFurther, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing our sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law.\nAll terms applicable to the particular promotion will be made available to you at the time you enter the promotion.</li>\n<li>\n<strong>Co-Branded Partners.</strong> Co-Branded Partners are third parties with whom a CBS Interactive Service may jointly offer a service or feature.\nYou can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently.\nYou may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner.\nIn doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner.\nPlease note that the Co-Branded Partner's privacy policy may also apply to its use of your information.</li>\n<li>\n<strong>CBS Interactive Services and other CBS businesses.</strong> CBS Interactive and other business units of CBS Corporation, our parent company, continue to expand their online presence in order to offer users rich and deep interactive experiences.\nWhere permitted by law, we may share information we collect about you within the family of CBS Interactive Services and with CBS Corporation, our parent company, and other CBS-affiliated companies, so that we can provide you with information about products and services that might interest you.\n</li>\n<li>\n<strong>Business transfers.</strong> We may share your information in connection with a substantial corporate transaction, such as the sale of a CBS Interactive Service, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.</li>\n<li>\n<strong>Legal requirements.</strong> We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations, such as FCC requirements.</li>\n<li>\n<strong>Protect our Services and users.</strong> We may disclose information to protect and defend the legal rights, interests, and safety of CBS Interactive Services, other CBS companies, and their employees, agents, and contractors (including enforcing our agreements).\nto protect the safety and security of users of the Services and members of the public.\nand as otherwise disclosed in our Terms of Use.</li>\n</ul>\n<p>Please note that we may share information with advertisers as described in our overview of CBS Interactive Online Advertising.\nIn addition, information collected about your interactions with audio and video content may be shared with third parties, including social networking services, such as Facebook, and video measurement and subscription services, including Nielsen TV Rating, as described in our Video Services and Social Networking Policy.\nFinally, we also may share aggregated or anonymized information with third parties, to help us develop content and services we hope will interest you or to help these third parties develop their own products and service offerings including targeted marketing as described in our overview of Third Party Online Advertising.</p>\n</li> « Back To Top » <li> Your Choices <p> You can choose to enjoy content and features on CBS Interactive Services without providing us directly with any information about you.\nhowever, as described above, some information may be collected automatically or be requested so that you can take advantage of certain features and services offered on CBS Interactive Services.You can opt out of receiving commercial email or text messages from a particular CBS Interactive Services or other service by following the instructions contained in any such message or by contacting us directly.\nPlease note that even if you unsubscribe to commercial messages, we may still need to send you communications relating to your use of the CBS Interactive Websites, such as service announcements.You also have choices about whether cookies and other similar technologies are placed on your computer or mobile device.\nFor more information, visit our overview on cookies, web beacons and other similar technologies (including Do Not Track).You also may choose to opt out of use of data that our authorized third party service providers or we collect about your visits to our business partners’ websites that may be used to deliver advertisements tailored to your interests.\nTo opt out, visit the CBS Interactive Advertising Opt-Out page.Finally, you also have choices about the collection and use of your information by third parties to display relevant advertisements, as described in our overview of Third Party Online Advertising.\n</p>\n</li> « Back To Top » <li> Access <p> If you choose to share contact information with us, you may have the opportunity to update that information on a CBS Interactive Service.\nYou also may update or amend your information by contacting us.\nIf you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time.\nPlease note that we may need to retain some information about you in order to satisfy our legal and security obligations.\nFor example, some of your information may remain in back-up storage even if you ask us to delete it.\nIn some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.\n</p>\n</li> « Back To Top » <li> Protection of Information <p> We are committed to protecting your information.\nWe have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration.\nPlease note that no data transmission or storage can be guaranteed to be 100% secure.\nWe want you to feel confident using CBS Interactive Services but we cannot ensure or warrant the security of any information you transmit to us.\nPlease refer to the U.S.\nFederal Trade Commission's website for information on how to protect yourself from identity theft.\n</p>\n</li> « Back To Top » <li> Transfer of Data Internationally <p> CBS Interactive is headquartered in the United States and has affiliate offices and partners in other countries.\nPlease be aware that information you provide to us or that we obtain as a result of your use of the CBS Interactive Services may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law.\nThe privacy and data protection laws in the country to which your information is transferred may not be equivalent to such laws in your country of residence.\nYour personal information may be subject to the laws of the country to which it is transferred and may be accessible without notice to you by the courts, law enforcement and national security authorities of that country.\nBy using and participating in any CBS Interactive Services or providing us with your information, you consent to the collection, internationaltransfer, storage, and processing of your information.\n</p>\n</li> « Back To Top » <li> Visitors from Outside the United States <p> For additional information about CBS Interactive's privacy practices, as well as our affiliate offices and partners in some of the other countries where we operate, please click on the appropriate link for your jurisdiction: Australia, Canada, the European Union.\n</p>\n</li> « Back To Top » <li> California Visitors <p> For additional information for residents of the State of California click here.\n</p>\n</li> « Back To Top » <li> Privacy Protections for Children <p> Most CBS Interactive Services are intended for a general audience and do not knowingly collect or store contact information about children under the age of 13 in the United States or the appropriate age for services directed toward children as defined under applicable laws in other jurisdictions.\nSome CBS Interactive Services may ask for your full date of birth date to ensure that they are not collecting information from children under 13 in the United States or the appropriate age for services directed toward children as defined under applicable laws in other jurisdictions or to identify when additional steps may need to be taken when information has been collected from children under 18 or under the age of majority in their jurisdiction, if higher than 18.\nIn those instances where a CBS Interactive Service has actual knowledge that it collects information from children or offers a service directed toward children as defined under applicable laws, it will comply with those laws.\nTo read about our privacy policy for children, please see the Children's Privacy Policy.\n</p>\n</li> « Back To Top » <li> User-Generated Content <p> Some CBS Interactive Services enable users to submit their own content for use in contests, blogs, on-air radio and TV broadcasts, online audio and video streams, videos, message boards, and other functions.\nPublication of User Generated Content on the CBS Interactive Services is subject to our Terms of Use.\nPlease remember that any information you disclose becomes public information and exercise caution when choosing to disclose your contact, financial, and other information in a submission.\nWe cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.\nYou should also be aware that we may also engage a third party to provide some of the services associated with the blogs, message boards and similar functions.\nThis third party will collect and host the information that you submit to the CBS Interactive Services but will not use any of this information for purposes other than providing the service.\n</p>\n</li> « Back To Top » <li> Third Party Websites and Services <p> Please note that some CBS Interactive Services may contain links to other websites and services.\nWe are not responsible for the privacy practices of those websites, and we recommend that you review the privacy policies of each website that you visit.\nWhen you select a link to a third party website from one of the CBS Interactive Services (e.g., if you link to PayPal to pay for a product or service offered by a CBS Interactive Service), you will be leaving the CBS Interactive Service.\nAny information that you disclose on the third party website will be governed by that website's privacy policy.\n</p>\n</li> « Back To Top » <li> Changes to This Privacy Policy <p> We may update this Privacy Policy to reflect changes in our practices and service offerings.\nIf we modify our Privacy Policy, we will update the \"Last Modified Date\" and such changes will be effective upon posting.\nIf we make any material changes in the way we use your information, we will notify you in advance by email through the email address you most recently provided to us or by prominently posting a prominent notice of the changes on the CBS Interactive Services.\n</p>\n</li> « Back To Top » <li> Questions <p> If you have questions regarding this Privacy Policy, please contact us and we will endeavor to respond to your request within a reasonable period of time.\nYou may also submit questions or comments using the postal address listed below: </p>\n<p> CBS Interactive Inc.\n235 Second Street San Francisco, CA 94105 USA Legal Department </p>\n<p> We are committed to working with you to obtain a fair resolution of any privacy concern.\n</p>\n</li>\n</ol> \n" - |2 Valve respects the privacy of its online visitors and customers of its products and services and complies with applicable laws for the protection of your privacy, including, without limitation, the European Union General Data Protection Regulation ("GDPR") and the Swiss and EU Privacy Shield Frameworks. <br> <br> <b>1. Definitions</b> <br> <br> Wherever we talk about Personal Data below, we mean any information that can either itself identify you as an individual ("Personally Identifying Information") or that can be connected to you indirectly by linking it to Personally Identifying Information. Valve also processes anonymous data, aggregated or not, to analyze and produce statistics related to the habits, usage patterns, and demographics of customers as a group or as individuals. Such anonymous data does not allow the identification of the customers to which it relates. Valve may share anonymous data, aggregated or not, with third parties.<br> <br> Other capitalized terms in this Privacy Policy shall have the meanings defined in the Steam Subscriber Agreement ("SSA"). <br> <br> <b>2. Why Valve Collects and Processes Data</b> <br> <br> Valve collects and processes Personal Data for the following reasons:<br> <br> a) where it is necessary for the performance of our agreement with you to provide a full-featured gaming service and deliver associated Content and Services;<br> b) where it is necessary for compliance with legal obligations that we are subject to (e.g. our obligations to keep certain information under tax laws);<br> c) where it is necessary for the purposes of the legitimate and legal interests of Valve or a third party (e.g. the interests of our other customers), except where such interests are overridden by your prevailing legitimate interests and rights. or<br> d) where you have given consent to it. <br> <br> These reasons for collecting and processing Personal Data determine and limit what Personal Data we collect and how we use it (section 3. below), how long we store it (section 4. below), who has access to it (section 5. below) and what rights and other control mechanisms are available to you as a user (section 6. below).<br> <br> <b>3. What Data We Collect and Process</b> <br> <br> 3.1 Basic Account Data<br> <br> When setting up an Account, Valve will collect your email address and country of residence. You are also required to choose a user name and a password. The provision of this information is necessary to register a Steam User Account. During setup of your account, the account is automatically assigned a number (the "Steam ID") that is later used to reference your user account without directly exposing Personally Identifying Information about you. <br> We do not require you to provide or use your real name for the setup of a Steam User Account.<br> <br> 3.2 Transaction and Payment Data<br> <br> In order to make a transaction on Steam (e.g. to purchase Subscriptions for Content and Services or to fund your Steam Wallet), you may need to provide payment data to Valve to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date and security code) to Valve, which Valve will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, Valve will receive data from your payment service provider for the same reasons. <br> <br> 3.3 Other Data You Explicitly Submit<br> We will collect and process Personal Data whenever you explicitly provide it to us or send it as part of communication with others on Steam, e.g. in Steam Community Forums, chats, or when you provide feedback or other user generated content. This data includes: <ul> <li>Information that you post, comment or follow in any of our Content and Services;</li> <li>Information sent through chat;</li> <li>Information you provide when you request information or support from us or purchase Content and Services from us, including information necessary to process your orders with the relevant payment merchant or, in case of physical goods, shipping providers;</li> <li>Information you provide to us when participating in competitions, contests and tournaments or responding to surveys, e.g. your contact details.</li> </ul> 3.4 Your Use of the Steam Client and Websites<br> We collect a variety of information through your general interaction with the websites, Content and Services offered by Steam. <br> Personal Data we collect may include, but is not limited to, browser and device information, data collected through automated electronic interactions and application usage data.<br> Likewise, we will track your process across our websites and applications to verify that you are not a bot and to optimize our services. <br> <br> 3.5 Your Use of Games and other Subscriptions<br> In order to provide you with services, we need to collect, store and use various information about your activity in our Content and Services. "Content-Related Information" includes your Steam ID, as well as what is usually referred to as "game statistics". By game statistics we mean information about your games' preferences, progress in the games, playtime, as well as information about the device you are using, including what operating system you are using, device settings, unique device identifiers, and crash data. <br> <br> 3.6 Tracking Data and Cookies<br> We use "Cookies", which are text files placed on your computer, to help us analyze how users use our services, and similar technologies (e.g. web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different devices and our services, as well as to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our websites.<br> When you visit any of our services, our servers log your global IP address, which is a number that is automatically assigned to the network your computer is part of.<br> <br> 3.7 Google Analytics<br> This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on visitors' computers, to help the website operators analyze how visitors use the site. The information generated by the cookie about the visitors' use of the website will generally be transmitted to and stored by Google on servers in the United States.<br> On this website, IP anonymization has been activated. The IP addresses users visiting Steam will be shortened. Only in exceptional cases will a complete IP address be transferred to a Google server in the United States and shortened there. On behalf of the website operator, Google will use this information for the purpose of evaluating the website for its users, in order to compile reports on website activity, and to provide other services relating to website activity and internet usage for website operators.<br> Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that in this case you may not be able to use the full functionality of this website.<br> Furthermore, users can prevent the collection of data about their use of the website (including their IP address) generated by the cookie, and the processing of data by Google, by downloading and installing the browser plug-in through the following link: http://tools.google.com/dlpage/gaoptout?hl=en.<br> <br> 3.8 Content Recommendations<br> We may process information collected under this section 3 so that content, products and services shown on the pages of the Steam store and in update messages displayed when launching the Steam Client can be tailored to meet your needs and populated with relevant recommendations and offers. This is done to improve your customer experience. You can prevent the processing of your data in this way by turning off the automatic loading of the Steam store page and of Steam notifications in the "Interface" section of the Steam Client settings. <br> Subject to your separate consent or where explicitly permitted under applicable laws on email marketing, Valve may send you marketing messages about products and services offered by Valve to your email address. In such a case we may also use your collected information to customise such marketing messages as well as collect information on whether you opened such messages and which links in their text you followed. <br> You can opt out or withdraw your consent to receive marketing emails at any time by either withdrawing the consent on the same page where you previously provided it or clicking the "unsubscribe" link provided in every marketing email. <br> <br> 3.9 Information Required to Detect Violations<br> We collect certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of the SSA and applicable laws ("Violations"). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such Violations and stored only for the minimum amount of time needed for this purpose. If the data indicates that a Violation has occurred, we will further store the data for the establishment, exercise or defense of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent such Violations. <br> <br> <b>4. How Long We Store Data</b> <br> <br> We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. After that your Personal Data will be deleted, blocked or anonymized, as provided by applicable law.<br> <br> In particular:<br> <ul> <li>If you terminate your Steam User Account, your Personal Data will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage. </li> <li>In certain cases Personal Data cannot be completely deleted in order to ensure the consistency of the gameplay experience or the Steam Community Market. For instance, matches you have played that affect other players' matchmaking data and scores will not be deleted. rather, your connection to these matches will be permanently anonymized. </li> <li>Please note that Valve is required to retain certain transactional data under statutory commercial and tax law for a period of up to ten (10) years.</li> <li>If you withdraw your consent on which a processing of your Personal Data or of the Personal Data of your child is based, we will delete your Personal Data respectively the Personal Data of your child without undue delay to the extent that the collection and processing of the Personal Data was based on the withdrawn consent.</li> <li>If you exercise a right to object to the processing of your Personal Data, we will review your objection and delete your Personal Data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.</li> </ul> <br> <b>5. Who Has Access to Data</b> <br> <br> 5.1 Valve and its subsidiaries may share your Personal Data with each other and use it to the degree necessary to achieve the purposes listed in section 2. above. In the event of a reorganization, sale or merger we may transfer Personal Data to the relevant third party subject to applicable laws.<br> <br> 5.2 We may also share your Personal Data with our third party providers that provide customer support services in connection with goods, Content and Services distributed via Steam. Your Personal Data will be used in accordance with this Privacy Policy and only as far as this is necessary for performing customer support services. <br> <br> 5.3 In accordance with internet standards, we may also share certain information (including your IP address and the identification of Steam content you wish to access) with our third party network providers that provide content delivery network services and game server services in connection with Steam. Our content delivery network providers enable the delivery of digital content you have requested, e.g. when using Steam, by using a system of distributed servers that deliver the content to you, based on your geographic location. <br> <br> 5.4 We make certain data related to your Steam User Account available to other players and our partners through the Steamworks API. This information can be accessed by anyone by querying your Steam ID. At a minimum, the public persona name you have chosen to represent you on Steam and your Avatar picture are accessible this way, as well as whether you have received a ban for cheating in a multiplayer game. The accessibility of any additional info about you can be controlled through your Steam Community user profile page. data publicly available on your profile page can be accessed automatically through the Steamworks API. <br> In addition to the publicly available information, game developers and publishers have access to certain information from the Steamworks API directly relating to the users of the games they operate. This information includes as a minimum your ownership of the game in question. Depending on which Steamworks services are implemented in the game it may also include leaderboard information, your progress in the game, achievements you have completed, your multiplayer game matchmaking information, in-game items and other information needed to operate the game and provide support for it. For more information on what Steamworks services a specific game has implemented, please review its store page. <br> While we do not knowingly share Personally Identifying Information about you through the Steamworks API such as your real name or your email address, any information you share about yourself on your public Steam Profile can be accessed through the Steamworks API, including information that may make you identifiable. <br> <br> 5.5 The Steam community includes message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available online. therefore, you are doing so at your own risk. If your Personal Data is posted on one of our community forums against your will, please use the reporting function and the Steam help site to request its removal.<br> <br> 5.6 Valve may allow you to link your Steam User Account to an account offered by a third party. If you consent to link the accounts, Valve may collect and combine information you allowed Valve to receive from a third party with information of your Steam User Account to the degree allowed by your consent at the time. If the linking of the accounts requires the transmission of information about your person from Valve to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. The third party's use of your information will be subject to the third party's privacy policy, which we encourage you to review.<br> <br> 5.7 Valve may release Personal Data to comply with court orders or laws and regulations that require us to disclose such information. <br> <br> <b>6. Your Rights and Control Mechanisms</b> <br> <br> The data protection laws of the European Economic Area and other territories grant their citizens certain rights in relation to their Personal Data. While other jurisdictions may provide fewer statutory rights to their citizens, we make the tools designed to exercise such rights available to our customers worldwide.<br> <br> To allow you to exercise your data protection rights in a simple way we are providing a dedicated section on the Steam support page (the "Privacy Dashboard"). This gives you access to your Personal Data, allows you to rectify and delete it where necessary and to object to its use where you feel necessary. To access it, log into the Steam support page at http://help.steampowered.com and choose the menu items <i>My Account -&gt. View Account Data</i>.<br> <br> As a resident of the European Economic Area you have the following rights in relation to your Personal Data: <br> <br> 6.1 Right of Access. <br> You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access to your Personal Data through the Privacy Dashboard. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request. <br> <br> 6.2 Right to Rectification. <br> If we process your Personal Data, we shall endeavor to ensure by implementing suitable measures that your Personal Data is accurate and up-to-date for the purposes for which it was collected. If your Personal Data is inaccurate or incomplete, you can change the information you provided via the Privacy Dashboard.<br> <br> 6.3. Right to Erasure. <br> You have the right to obtain deletion of Personal Data concerning you if the reason why we could collect it (see section 2. above) does not exist anymore or if there is another legal ground for its deletion. For individual items of Personal Data please edit them through the Privacy Dashboard or request the deletion via the Steam support page. You can also request the deletion of your Steam user account via the Steam support page.<br> <br> As a result of deleting your Steam User Account, you will lose access to Steam services, including the Steam User Account, Subscriptions and game-related information linked to the Steam User Account and the possibility to access other services you are using the Steam User Account for. <br> <br> We allow you to restore your Steam User Account during a grace period of 30 (thirty) days from the moment you request deletion of your Steam User Account. This functionality allows you not to lose your account by mistake, because of your loss of your account credentials or due to hacking. During the suspension period, we will be able to finalize financial and other activities that you may have initiated before sending the Steam User Account deletion request. After the grace period, Personal Data associated with your account will be deleted subject to section 4. above. <br> <br> In some cases, deletion of your Steam User Account, and therefore Personal Data deletion, is complicated. Namely, if your account has a business relationship with Valve, such as due to your work for a game developer, you will only be able to delete your Steam User Account after you have transferred this role to another user or have dissolved the business relationship. In some cases, considering the complexity and number of the requests, the period for Personal Data erasure may be extended, but for no longer than two further months.<br> <br> 6.4 Right to Object. <br> When our processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR / section 2.c) of this Privacy Policy, you have the right to object to thise processing. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR. in particular if the data is necessary for the establishment, exercise or defense of legal claims. <br> <br> You also have the right to lodge a complaint at a supervisory authority.<br> <br> <b>7. Children</b> <br> <br> The minimum age to create a Steam User Account is 13. Valve will not knowingly collect Personal Data from children under this age. Insofar as certain countries apply a higher age of consent for the collection of Personal Data, Valve requires parental consent before a Steam User Account can be created and Personal Data associated with it collected. Valve encourages parents to instruct their children to never give out personal information when online. <br> <br> <b>8. Contact Info</b> <br> <br> You can contact Valve's data protection officer at the address below. <br> <br> While we review any request sent by mail, please be aware that to combat fraud, harassment and identity theft, the only way to access, rectify or delete your data is through logging in with your Steam User Account at http://help.steampowered.com and selecting the menu items <i>-&gt. My Account -&gt. View Account Data</i>. <br> <br> Valve Corporation<br> Att. Data Protection officer<br> P.O. Box 1688<br> Bellevue, WA 98009<br> <br> European representative for data protection questions:<br> <br> Valve GmbH<br> Att. Legal <br> Rödingsmarkt 9<br> D-20354 Hamburg<br> Germany<br> <br> <b>9. Additional Information for Users from the European Economic Area</b> <br> <br> Valve complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Valve has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.<br> <br> In compliance with the Privacy Shield Principles, Valve commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Valve here. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. As explained in the Privacy Shield documentation (https://www.privacyshield.gov/article?id=ANNEX-I-introduction) certain residual claims not resolved by other means may be subject to binding arbitration. In such event, an arbitration option will be made available to you.<br> <br> The Privacy Shield Principles describe Valve's accountability for Personal Data that it subsequently transfers to a third party agent. Under the Principles, Valve shall remain liable if third party agents process the personal information in a manner inconsistent with the Principles, unless Valve proves it is not responsible for the event giving rise to the damage.<br> <br> The Federal Trade Commission has jurisdiction over Valve's compliance with the Privacy Shield.<br> <br> <i>Revision Date: May 25, 2018</i> <br> <br> <br>   service_id: - 316 - 180 name: - Cbs Interactive Privacy Policy - Privacy Policy Agreement xpath: - "//section[@class='content']" - "//div[@id='main_content']" updated_at: - 2018-07-17 10:13:00.159142000 Z - 2018-07-17 10:13:04.405040851 Z
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--- text: - |2 Valve respects the privacy of its online visitors and customers of its products and services and complies with applicable laws for the protection of your privacy, including, without limitation, the European Union General Data Protection Regulation ("GDPR") and the Swiss and EU Privacy Shield Frameworks. <br> <br> <b>1. Definitions</b> <br> <br> Wherever we talk about Personal Data below, we mean any information that can either itself identify you as an individual ("Personally Identifying Information") or that can be connected to you indirectly by linking it to Personally Identifying Information. Valve also processes anonymous data, aggregated or not, to analyze and produce statistics related to the habits, usage patterns, and demographics of customers as a group or as individuals. Such anonymous data does not allow the identification of the customers to which it relates. Valve may share anonymous data, aggregated or not, with third parties.<br> <br> Other capitalized terms in this Privacy Policy shall have the meanings defined in the Steam Subscriber Agreement ("SSA"). <br> <br> <b>2. Why Valve Collects and Processes Data</b> <br> <br> Valve collects and processes Personal Data for the following reasons:<br> <br> a) where it is necessary for the performance of our agreement with you to provide a full-featured gaming service and deliver associated Content and Services;<br> b) where it is necessary for compliance with legal obligations that we are subject to (e.g. our obligations to keep certain information under tax laws);<br> c) where it is necessary for the purposes of the legitimate and legal interests of Valve or a third party (e.g. the interests of our other customers), except where such interests are overridden by your prevailing legitimate interests and rights. or<br> d) where you have given consent to it. <br> <br> These reasons for collecting and processing Personal Data determine and limit what Personal Data we collect and how we use it (section 3. below), how long we store it (section 4. below), who has access to it (section 5. below) and what rights and other control mechanisms are available to you as a user (section 6. below).<br> <br> <b>3. What Data We Collect and Process</b> <br> <br> 3.1 Basic Account Data<br> <br> When setting up an Account, Valve will collect your email address and country of residence. You are also required to choose a user name and a password. The provision of this information is necessary to register a Steam User Account. During setup of your account, the account is automatically assigned a number (the "Steam ID") that is later used to reference your user account without directly exposing Personally Identifying Information about you. <br> We do not require you to provide or use your real name for the setup of a Steam User Account.<br> <br> 3.2 Transaction and Payment Data<br> <br> In order to make a transaction on Steam (e.g. to purchase Subscriptions for Content and Services or to fund your Steam Wallet), you may need to provide payment data to Valve to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date and security code) to Valve, which Valve will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, Valve will receive data from your payment service provider for the same reasons. <br> <br> 3.3 Other Data You Explicitly Submit<br> We will collect and process Personal Data whenever you explicitly provide it to us or send it as part of communication with others on Steam, e.g. in Steam Community Forums, chats, or when you provide feedback or other user generated content. This data includes: <ul> <li>Information that you post, comment or follow in any of our Content and Services;</li> <li>Information sent through chat;</li> <li>Information you provide when you request information or support from us or purchase Content and Services from us, including information necessary to process your orders with the relevant payment merchant or, in case of physical goods, shipping providers;</li> <li>Information you provide to us when participating in competitions, contests and tournaments or responding to surveys, e.g. your contact details.</li> </ul> 3.4 Your Use of the Steam Client and Websites<br> We collect a variety of information through your general interaction with the websites, Content and Services offered by Steam. <br> Personal Data we collect may include, but is not limited to, browser and device information, data collected through automated electronic interactions and application usage data.<br> Likewise, we will track your process across our websites and applications to verify that you are not a bot and to optimize our services. <br> <br> 3.5 Your Use of Games and other Subscriptions<br> In order to provide you with services, we need to collect, store and use various information about your activity in our Content and Services. "Content-Related Information" includes your Steam ID, as well as what is usually referred to as "game statistics". By game statistics we mean information about your games' preferences, progress in the games, playtime, as well as information about the device you are using, including what operating system you are using, device settings, unique device identifiers, and crash data. <br> <br> 3.6 Tracking Data and Cookies<br> We use "Cookies", which are text files placed on your computer, to help us analyze how users use our services, and similar technologies (e.g. web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different devices and our services, as well as to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our websites.<br> When you visit any of our services, our servers log your global IP address, which is a number that is automatically assigned to the network your computer is part of.<br> <br> 3.7 Google Analytics<br> This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on visitors' computers, to help the website operators analyze how visitors use the site. The information generated by the cookie about the visitors' use of the website will generally be transmitted to and stored by Google on servers in the United States.<br> On this website, IP anonymization has been activated. The IP addresses users visiting Steam will be shortened. Only in exceptional cases will a complete IP address be transferred to a Google server in the United States and shortened there. On behalf of the website operator, Google will use this information for the purpose of evaluating the website for its users, in order to compile reports on website activity, and to provide other services relating to website activity and internet usage for website operators.<br> Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that in this case you may not be able to use the full functionality of this website.<br> Furthermore, users can prevent the collection of data about their use of the website (including their IP address) generated by the cookie, and the processing of data by Google, by downloading and installing the browser plug-in through the following link: http://tools.google.com/dlpage/gaoptout?hl=en.<br> <br> 3.8 Content Recommendations<br> We may process information collected under this section 3 so that content, products and services shown on the pages of the Steam store and in update messages displayed when launching the Steam Client can be tailored to meet your needs and populated with relevant recommendations and offers. This is done to improve your customer experience. You can prevent the processing of your data in this way by turning off the automatic loading of the Steam store page and of Steam notifications in the "Interface" section of the Steam Client settings. <br> Subject to your separate consent or where explicitly permitted under applicable laws on email marketing, Valve may send you marketing messages about products and services offered by Valve to your email address. In such a case we may also use your collected information to customise such marketing messages as well as collect information on whether you opened such messages and which links in their text you followed. <br> You can opt out or withdraw your consent to receive marketing emails at any time by either withdrawing the consent on the same page where you previously provided it or clicking the "unsubscribe" link provided in every marketing email. <br> <br> 3.9 Information Required to Detect Violations<br> We collect certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of the SSA and applicable laws ("Violations"). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such Violations and stored only for the minimum amount of time needed for this purpose. If the data indicates that a Violation has occurred, we will further store the data for the establishment, exercise or defense of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent such Violations. <br> <br> <b>4. How Long We Store Data</b> <br> <br> We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. After that your Personal Data will be deleted, blocked or anonymized, as provided by applicable law.<br> <br> In particular:<br> <ul> <li>If you terminate your Steam User Account, your Personal Data will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage. </li> <li>In certain cases Personal Data cannot be completely deleted in order to ensure the consistency of the gameplay experience or the Steam Community Market. For instance, matches you have played that affect other players' matchmaking data and scores will not be deleted. rather, your connection to these matches will be permanently anonymized. </li> <li>Please note that Valve is required to retain certain transactional data under statutory commercial and tax law for a period of up to ten (10) years.</li> <li>If you withdraw your consent on which a processing of your Personal Data or of the Personal Data of your child is based, we will delete your Personal Data respectively the Personal Data of your child without undue delay to the extent that the collection and processing of the Personal Data was based on the withdrawn consent.</li> <li>If you exercise a right to object to the processing of your Personal Data, we will review your objection and delete your Personal Data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.</li> </ul> <br> <b>5. Who Has Access to Data</b> <br> <br> 5.1 Valve and its subsidiaries may share your Personal Data with each other and use it to the degree necessary to achieve the purposes listed in section 2. above. In the event of a reorganization, sale or merger we may transfer Personal Data to the relevant third party subject to applicable laws.<br> <br> 5.2 We may also share your Personal Data with our third party providers that provide customer support services in connection with goods, Content and Services distributed via Steam. Your Personal Data will be used in accordance with this Privacy Policy and only as far as this is necessary for performing customer support services. <br> <br> 5.3 In accordance with internet standards, we may also share certain information (including your IP address and the identification of Steam content you wish to access) with our third party network providers that provide content delivery network services and game server services in connection with Steam. Our content delivery network providers enable the delivery of digital content you have requested, e.g. when using Steam, by using a system of distributed servers that deliver the content to you, based on your geographic location. <br> <br> 5.4 We make certain data related to your Steam User Account available to other players and our partners through the Steamworks API. This information can be accessed by anyone by querying your Steam ID. At a minimum, the public persona name you have chosen to represent you on Steam and your Avatar picture are accessible this way, as well as whether you have received a ban for cheating in a multiplayer game. The accessibility of any additional info about you can be controlled through your Steam Community user profile page. data publicly available on your profile page can be accessed automatically through the Steamworks API. <br> In addition to the publicly available information, game developers and publishers have access to certain information from the Steamworks API directly relating to the users of the games they operate. This information includes as a minimum your ownership of the game in question. Depending on which Steamworks services are implemented in the game it may also include leaderboard information, your progress in the game, achievements you have completed, your multiplayer game matchmaking information, in-game items and other information needed to operate the game and provide support for it. For more information on what Steamworks services a specific game has implemented, please review its store page. <br> While we do not knowingly share Personally Identifying Information about you through the Steamworks API such as your real name or your email address, any information you share about yourself on your public Steam Profile can be accessed through the Steamworks API, including information that may make you identifiable. <br> <br> 5.5 The Steam community includes message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available online. therefore, you are doing so at your own risk. If your Personal Data is posted on one of our community forums against your will, please use the reporting function and the Steam help site to request its removal.<br> <br> 5.6 Valve may allow you to link your Steam User Account to an account offered by a third party. If you consent to link the accounts, Valve may collect and combine information you allowed Valve to receive from a third party with information of your Steam User Account to the degree allowed by your consent at the time. If the linking of the accounts requires the transmission of information about your person from Valve to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. The third party's use of your information will be subject to the third party's privacy policy, which we encourage you to review.<br> <br> 5.7 Valve may release Personal Data to comply with court orders or laws and regulations that require us to disclose such information. <br> <br> <b>6. Your Rights and Control Mechanisms</b> <br> <br> The data protection laws of the European Economic Area and other territories grant their citizens certain rights in relation to their Personal Data. While other jurisdictions may provide fewer statutory rights to their citizens, we make the tools designed to exercise such rights available to our customers worldwide.<br> <br> To allow you to exercise your data protection rights in a simple way we are providing a dedicated section on the Steam support page (the "Privacy Dashboard"). This gives you access to your Personal Data, allows you to rectify and delete it where necessary and to object to its use where you feel necessary. To access it, log into the Steam support page at http://help.steampowered.com and choose the menu items <i>My Account -&gt. View Account Data</i>.<br> <br> As a resident of the European Economic Area you have the following rights in relation to your Personal Data: <br> <br> 6.1 Right of Access. <br> You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access to your Personal Data through the Privacy Dashboard. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request. <br> <br> 6.2 Right to Rectification. <br> If we process your Personal Data, we shall endeavor to ensure by implementing suitable measures that your Personal Data is accurate and up-to-date for the purposes for which it was collected. If your Personal Data is inaccurate or incomplete, you can change the information you provided via the Privacy Dashboard.<br> <br> 6.3. Right to Erasure. <br> You have the right to obtain deletion of Personal Data concerning you if the reason why we could collect it (see section 2. above) does not exist anymore or if there is another legal ground for its deletion. For individual items of Personal Data please edit them through the Privacy Dashboard or request the deletion via the Steam support page. You can also request the deletion of your Steam user account via the Steam support page.<br> <br> As a result of deleting your Steam User Account, you will lose access to Steam services, including the Steam User Account, Subscriptions and game-related information linked to the Steam User Account and the possibility to access other services you are using the Steam User Account for. <br> <br> We allow you to restore your Steam User Account during a grace period of 30 (thirty) days from the moment you request deletion of your Steam User Account. This functionality allows you not to lose your account by mistake, because of your loss of your account credentials or due to hacking. During the suspension period, we will be able to finalize financial and other activities that you may have initiated before sending the Steam User Account deletion request. After the grace period, Personal Data associated with your account will be deleted subject to section 4. above. <br> <br> In some cases, deletion of your Steam User Account, and therefore Personal Data deletion, is complicated. Namely, if your account has a business relationship with Valve, such as due to your work for a game developer, you will only be able to delete your Steam User Account after you have transferred this role to another user or have dissolved the business relationship. In some cases, considering the complexity and number of the requests, the period for Personal Data erasure may be extended, but for no longer than two further months.<br> <br> 6.4 Right to Object. <br> When our processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR / section 2.c) of this Privacy Policy, you have the right to object to thise processing. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR. in particular if the data is necessary for the establishment, exercise or defense of legal claims. <br> <br> You also have the right to lodge a complaint at a supervisory authority.<br> <br> <b>7. Children</b> <br> <br> The minimum age to create a Steam User Account is 13. Valve will not knowingly collect Personal Data from children under this age. Insofar as certain countries apply a higher age of consent for the collection of Personal Data, Valve requires parental consent before a Steam User Account can be created and Personal Data associated with it collected. Valve encourages parents to instruct their children to never give out personal information when online. <br> <br> <b>8. Contact Info</b> <br> <br> You can contact Valve's data protection officer at the address below. <br> <br> While we review any request sent by mail, please be aware that to combat fraud, harassment and identity theft, the only way to access, rectify or delete your data is through logging in with your Steam User Account at http://help.steampowered.com and selecting the menu items <i>-&gt. My Account -&gt. View Account Data</i>. <br> <br> Valve Corporation<br> Att. Data Protection officer<br> P.O. Box 1688<br> Bellevue, WA 98009<br> <br> European representative for data protection questions:<br> <br> Valve GmbH<br> Att. Legal <br> Rödingsmarkt 9<br> D-20354 Hamburg<br> Germany<br> <br> <b>9. Additional Information for Users from the European Economic Area</b> <br> <br> Valve complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Valve has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.<br> <br> In compliance with the Privacy Shield Principles, Valve commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Valve here. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. As explained in the Privacy Shield documentation (https://www.privacyshield.gov/article?id=ANNEX-I-introduction) certain residual claims not resolved by other means may be subject to binding arbitration. In such event, an arbitration option will be made available to you.<br> <br> The Privacy Shield Principles describe Valve's accountability for Personal Data that it subsequently transfers to a third party agent. Under the Principles, Valve shall remain liable if third party agents process the personal information in a manner inconsistent with the Principles, unless Valve proves it is not responsible for the event giving rise to the damage.<br> <br> The Federal Trade Commission has jurisdiction over Valve's compliance with the Privacy Shield.<br> <br> <i>Revision Date: May 25, 2018</i> <br> <br> <br>   - " Privacy Policy Sections <ul>\n<li>Scope of Information</li>\n<li>Information Collected</li>\n<li>Use of Information</li>\n<li>Disclosure of Information</li>\n<li>Your Choices</li>\n<li>Access</li>\n<li>Protection of Information</li>\n<li>Transfer of Data Internationally</li>\n<li>Visitors from Outside the United States</li>\n<li>California Visitors</li>\n<li>Privacy Protections for Children</li>\n<li>User-Generated Content</li>\n<li>Third Party Sites</li>\n<li>Changes to This Privacy Policy</li>\n<li>Questions</li>\n</ul>Privacy Policy Topics <ul>\n<li>Privacy Policy Highlights</li>\n<li>Privacy Principles</li>\n<li>CBS Interactive Privacy Policy FAQ</li>\n<li>Cookies, Web Beacons, and Other Similar Technologies</li>\n<li>Managing Cookies</li>\n<li>CBS Interactive Online Advertising</li>\n<li>CBS Interactive Advertising Opt-Out</li>\n<li>Third-Party Online Advertising</li>\n<li>Video Services and Social Networking Policy</li>\n<li>CBS Television Stations and FCC Requirements</li>\n<li>Information for Visitors from California</li>\n<li>Information for Visitors from Australia</li>\n<li>Information for Visitors from Canada</li>\n<li>Information for Visitors from the European Union (EU)</li>\n<li> Information for Visitors using Last.fm</li>\n<li>Children's Privacy Policy</li>\n</ul> Last Modified: April 23, 2018 <p>\n<strong>Note:</strong> The CBS Interactive Privacy Policy has been updated.\nPlease review the updated privacy policy carefully before using the CBS Interactive Services.\nBy using any of the CBS Interactive Services, you consent to the terms of the updated Privacy Policy.\n</p>\n<p> Click here for more information about the updates and to review the previous version.\n</p>\n<p> Welcome to the network of interactive services provided by CBS Interactive Inc., its affiliates and its subsidiaries (collectively “CBS Interactive,” “us,” or “we”).\nCBS Interactive is committed to protecting your privacy.\nCBS Interactive owns, operates, or provides access to, several interactive websites, mobile and connected TV applications, or other online interactive features and services that provide an authorized link or URL to this Privacy Policy (collectively \"CBS Interactive Services\", or \"Services\").\nTrust is a cornerstone of our mission at CBS Interactive.\nWe are committed to gaining and maintaining your trust by following a core set of Privacy Principles.\n</p>\n<ol>« Back To Top » <li>Scope <p>This Privacy Policy applies to information, including contact information, collected about you by the CBS Interactive Services.\nPlease review this Privacy Policy carefully.\nThe Privacy Policy describes, among other things, the types of information collected about you when you visit the CBS Interactive Services.\nhow your information may be used and when it may be disclosed.\nhow you can control the use and disclosure of your information.\nand how your information is protected.\nIn addition, please review our Terms of Use which governs your use of the CBS Interactive Services.</p>\n</li> « Back To Top » <li>Information Collected <p>\n<strong>Information you provide directly to CBS Interactive Services</strong>.\nYou are not required to provide information about yourself when you visit a CBS Interactive Services.\nCBS Interactive Services may ask you for different types of information when you register for certain services, access various content or features, or directly contact the Services including: </p>\n<ul>\n<li>Contact information, such as name, email address, postal address, phone number, facsimile number, and mobile number;</li>\n<li>User name, password, and password reminder questions and answers;</li>\n<li>Age and date of birth;</li>\n<li>Other demographic information, such as gender, job information, and postal code;</li>\n<li>Public information, including profile information, you provide to the CBS Interactive Services for publication, such as your user name, comments, likes, interests, status, pictures and the address of your website;</li>\n<li>Communications preferences, such as which newsletters you would like to receive;</li>\n<li>Search queries;</li>\n<li>In limited circumstances, payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and driver's license number where needed for payment, to complete a particular transaction, or to access a particular service (e.g., contests or paid subscriptions);</li>\n<li>Contact information about others when you provide information about others or refer a friend with whom you have an existing business, non-business, family or personal relationship to a particular website or service (note: such information is used solely to facilitate the communications requested);</li>\n<li>Information posted in community discussions and other interactive online features;</li>\n<li>Correspondence you send to us.\nand</li>\n<li>Information collected about you offline (including via facsimile, mail, or in person for sweepstakes entrance forms).</li>\n</ul>\n<p>\n<strong>Information we collect automatically on CBS Interactive Services</strong>.\nCBS Interactive Services may collect certain information automatically, including: </p>\n<ul>\n<li>Your device type and settings, software used and browser type and operating system;</li>\n<li>Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;</li>\n<li>Websites or other services you visited before and after visiting a CBS Interactive Services;</li>\n<li>Web pages and advertisements you view and links you click on within CBS Interactive Services;</li>\n<li>Unique identifiers and connection information, including mobile device identification numbers (e.g.\nApple’s Identifier for Advertising IP (IDFA) or Google’s Android Advertising ID (AAID)) and internet connection means (e.g.\nmobile operator, ISP, WiFi connection) that can identify the physical location of such devices in accordance with applicable law;</li>\n<li>Information collected through cookies, web beacons, and other similar technologies;</li>\n<li>Information about your interactions with audio and video content, such as the type of content listened to (including music applications such as iTunes, Spotify and Last.fm) content viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded;</li>\n<li>Upon request, your bandwidth speed and information about the software programs installed on your computer including registry key information.\nand</li>\n<li>Standard server log information.</li>\n</ul>\n<p>\n<strong>Information we obtain from other sources</strong>.\nWhere permitted by applicable law, we may collect information about you from other sources, including through interactive applications (e.g., mobile devices, third party services, and embedded audio and video players), from co-branded partners and websites (e.g., on our Facebook pages), and from commercially available sources (e.g., data aggregators and public databases).\nThe following are examples of information we may collect from other sources: </p>\n<ul>\n<li>Name, postal address, and telephone number;</li>\n<li>Demographic data, such as age, gender, and income level;</li>\n<li>If you access third party services (e.g., Facebook, Google+ or Twitter) through a CBS Interactive Service, or if you access a CBS Interactive Service via a third party service, your username and password for those services and other information available about or collected from you on those services, as described in our overview of Video Services and Social Networking Policy</li>\n<li>Your interests and purchase behavior;</li>\n<li>Publicly-observed data, such as activities on blogs, videos, and other online postings.\nand</li>\n<li>Other navigation data, such as websites visited and advertisements viewed or clicked on.</li>\n</ul>\n<p> This Privacy Policy does not cover the practices of third parties, including those that may disclose information to CBS Interactive.\n</p>\n<p>\n<strong>Combining Information</strong>.\nPlease note that all of the information we collect about you may be combined, including to help us tailor our communications to you and to develop rich online content and services across the CBS Interactive Services.\nYour specific consent will be obtained where it is required by law.\n</p>\n</li> « Back To Top » <li> Use of Information <p>We only use payment and identity verification information, such as credit card numbers, driver's license numbers, social security numbers, or comparable national identifiers as necessary for completing a particular transaction or fulfilling a service (e.g., paid subscriptions or awarding prizes to contest winners) or as otherwise required by law.We generally use other information we collect about you to:</p>\n<ul>\n<li>Fulfill your requests for products, services, and information, including to send you electronic newsletters, authorize a purchase, and complete a transaction that you have requested;</li>\n<li>Enable you to participate in features such as surveys, polls, contests, sweepstakes, and message boards;</li>\n<li>Provide you with electronic newsletters, information, special offers and promotional materials on behalf of CBS Interactive Services, companies within our corporate family, and third parties, in accordance with applicable law;</li>\n<li>Analyze the use of CBS Interactive Services and information about visitors to our Services to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce or disclose anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;</li>\n<li>Customize the content you see when you visit a CBS Interactive Services;</li>\n<li>Develop and provide advertising tailored to your interests, as described in our overview of CBS Interactive Online Advertising;</li>\n<li>Prevent potentially prohibited or illegal activities otherwise in accordance with CBS Interactive's Terms of Use, including restrictions of the use of software to remove, modify, disable, block or otherwise impair any advertising in connection with the Services.\nand</li>\n<li>For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.</li>\n</ul>\n</li> « Back To Top » <li> Disclosure of Information <p> CBS Interactive is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.\nWe may share information collected about you as disclosed at the time of collection, as otherwise disclosed in this privacy policy, and in the following circumstances: </p>\n<ul>\n<li>\n<strong>With your consent.</strong> With your consent, we may share your contact information with third party marketing partners.\nFor example, CBS Interactive Services such as ZDNet.com and TechRepublic.com offer free access to relevant services (e.g., webcasts and white papers) if you allow your information to be shared with third parties so that they can contact you by email, telephone, postal mail or other common communication methods about their products or services.</li>\n<li>\n<strong>Authorized third party service providers.</strong> We share your contact information with third party vendors who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing, suppression list management and data processing.\nThese third parties are allowed to use your contact information to help us provide our services and not for any other purpose.\nAlso, authorized third party service providers may collect non-contact information about your visits to our Services with cookies, web beacons and other similar technologies that may be used to deliver advertisements or marketing tailored to your interests or, in connection with other data about you including data regarding your use of websites, apps or other services over time and across the Internet, to determine the connections that may exist among different devices.\nFor example, if your IP address is associated with multiple devices (such as smartphones, connected TVs, tablets and so on), these services providers may determine that you, as a user, are connected to such devices.\nFor more information, visit our overview on cookies, web beacons and other technologies (including Do Not Track).</li>\n<li>\n<strong>Sweepstakes, contests, or promotions.</strong> When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your information may be disclosed to our sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis.\nYour information also may be disclosed as required by law, such as on a winners list.\nFurther, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing our sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law.\nAll terms applicable to the particular promotion will be made available to you at the time you enter the promotion.</li>\n<li>\n<strong>Co-Branded Partners.</strong> Co-Branded Partners are third parties with whom a CBS Interactive Service may jointly offer a service or feature.\nYou can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently.\nYou may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner.\nIn doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner.\nPlease note that the Co-Branded Partner's privacy policy may also apply to its use of your information.</li>\n<li>\n<strong>CBS Interactive Services and other CBS businesses.</strong> CBS Interactive and other business units of CBS Corporation, our parent company, continue to expand their online presence in order to offer users rich and deep interactive experiences.\nWhere permitted by law, we may share information we collect about you within the family of CBS Interactive Services and with CBS Corporation, our parent company, and other CBS-affiliated companies, so that we can provide you with information about products and services that might interest you.\n</li>\n<li>\n<strong>Business transfers.</strong> We may share your information in connection with a substantial corporate transaction, such as the sale of a CBS Interactive Service, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.</li>\n<li>\n<strong>Legal requirements.</strong> We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations, such as FCC requirements.</li>\n<li>\n<strong>Protect our Services and users.</strong> We may disclose information to protect and defend the legal rights, interests, and safety of CBS Interactive Services, other CBS companies, and their employees, agents, and contractors (including enforcing our agreements).\nto protect the safety and security of users of the Services and members of the public.\nand as otherwise disclosed in our Terms of Use.</li>\n</ul>\n<p>Please note that we may share information with advertisers as described in our overview of CBS Interactive Online Advertising.\nIn addition, information collected about your interactions with audio and video content may be shared with third parties, including social networking services, such as Facebook, and video measurement and subscription services, including Nielsen TV Rating, as described in our Video Services and Social Networking Policy.\nFinally, we also may share aggregated or anonymized information with third parties, to help us develop content and services we hope will interest you or to help these third parties develop their own products and service offerings including targeted marketing as described in our overview of Third Party Online Advertising.</p>\n</li> « Back To Top » <li> Your Choices <p> You can choose to enjoy content and features on CBS Interactive Services without providing us directly with any information about you.\nhowever, as described above, some information may be collected automatically or be requested so that you can take advantage of certain features and services offered on CBS Interactive Services.You can opt out of receiving commercial email or text messages from a particular CBS Interactive Services or other service by following the instructions contained in any such message or by contacting us directly.\nPlease note that even if you unsubscribe to commercial messages, we may still need to send you communications relating to your use of the CBS Interactive Websites, such as service announcements.You also have choices about whether cookies and other similar technologies are placed on your computer or mobile device.\nFor more information, visit our overview on cookies, web beacons and other similar technologies (including Do Not Track).You also may choose to opt out of use of data that our authorized third party service providers or we collect about your visits to our business partners’ websites that may be used to deliver advertisements tailored to your interests.\nTo opt out, visit the CBS Interactive Advertising Opt-Out page.Finally, you also have choices about the collection and use of your information by third parties to display relevant advertisements, as described in our overview of Third Party Online Advertising.\n</p>\n</li> « Back To Top » <li> Access <p> If you choose to share contact information with us, you may have the opportunity to update that information on a CBS Interactive Service.\nYou also may update or amend your information by contacting us.\nIf you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time.\nPlease note that we may need to retain some information about you in order to satisfy our legal and security obligations.\nFor example, some of your information may remain in back-up storage even if you ask us to delete it.\nIn some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.\n</p>\n</li> « Back To Top » <li> Protection of Information <p> We are committed to protecting your information.\nWe have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration.\nPlease note that no data transmission or storage can be guaranteed to be 100% secure.\nWe want you to feel confident using CBS Interactive Services but we cannot ensure or warrant the security of any information you transmit to us.\nPlease refer to the U.S.\nFederal Trade Commission's website for information on how to protect yourself from identity theft.\n</p>\n</li> « Back To Top » <li> Transfer of Data Internationally <p> CBS Interactive is headquartered in the United States and has affiliate offices and partners in other countries.\nPlease be aware that information you provide to us or that we obtain as a result of your use of the CBS Interactive Services may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law.\nThe privacy and data protection laws in the country to which your information is transferred may not be equivalent to such laws in your country of residence.\nYour personal information may be subject to the laws of the country to which it is transferred and may be accessible without notice to you by the courts, law enforcement and national security authorities of that country.\nBy using and participating in any CBS Interactive Services or providing us with your information, you consent to the collection, internationaltransfer, storage, and processing of your information.\n</p>\n</li> « Back To Top » <li> Visitors from Outside the United States <p> For additional information about CBS Interactive's privacy practices, as well as our affiliate offices and partners in some of the other countries where we operate, please click on the appropriate link for your jurisdiction: Australia, Canada, the European Union.\n</p>\n</li> « Back To Top » <li> California Visitors <p> For additional information for residents of the State of California click here.\n</p>\n</li> « Back To Top » <li> Privacy Protections for Children <p> Most CBS Interactive Services are intended for a general audience and do not knowingly collect or store contact information about children under the age of 13 in the United States or the appropriate age for services directed toward children as defined under applicable laws in other jurisdictions.\nSome CBS Interactive Services may ask for your full date of birth date to ensure that they are not collecting information from children under 13 in the United States or the appropriate age for services directed toward children as defined under applicable laws in other jurisdictions or to identify when additional steps may need to be taken when information has been collected from children under 18 or under the age of majority in their jurisdiction, if higher than 18.\nIn those instances where a CBS Interactive Service has actual knowledge that it collects information from children or offers a service directed toward children as defined under applicable laws, it will comply with those laws.\nTo read about our privacy policy for children, please see the Children's Privacy Policy.\n</p>\n</li> « Back To Top » <li> User-Generated Content <p> Some CBS Interactive Services enable users to submit their own content for use in contests, blogs, on-air radio and TV broadcasts, online audio and video streams, videos, message boards, and other functions.\nPublication of User Generated Content on the CBS Interactive Services is subject to our Terms of Use.\nPlease remember that any information you disclose becomes public information and exercise caution when choosing to disclose your contact, financial, and other information in a submission.\nWe cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.\nYou should also be aware that we may also engage a third party to provide some of the services associated with the blogs, message boards and similar functions.\nThis third party will collect and host the information that you submit to the CBS Interactive Services but will not use any of this information for purposes other than providing the service.\n</p>\n</li> « Back To Top » <li> Third Party Websites and Services <p> Please note that some CBS Interactive Services may contain links to other websites and services.\nWe are not responsible for the privacy practices of those websites, and we recommend that you review the privacy policies of each website that you visit.\nWhen you select a link to a third party website from one of the CBS Interactive Services (e.g., if you link to PayPal to pay for a product or service offered by a CBS Interactive Service), you will be leaving the CBS Interactive Service.\nAny information that you disclose on the third party website will be governed by that website's privacy policy.\n</p>\n</li> « Back To Top » <li> Changes to This Privacy Policy <p> We may update this Privacy Policy to reflect changes in our practices and service offerings.\nIf we modify our Privacy Policy, we will update the \"Last Modified Date\" and such changes will be effective upon posting.\nIf we make any material changes in the way we use your information, we will notify you in advance by email through the email address you most recently provided to us or by prominently posting a prominent notice of the changes on the CBS Interactive Services.\n</p>\n</li> « Back To Top » <li> Questions <p> If you have questions regarding this Privacy Policy, please contact us and we will endeavor to respond to your request within a reasonable period of time.\nYou may also submit questions or comments using the postal address listed below: </p>\n<p> CBS Interactive Inc.\n235 Second Street San Francisco, CA 94105 USA Legal Department </p>\n<p> We are committed to working with you to obtain a fair resolution of any privacy concern.\n</p>\n</li>\n</ol> \n" service_id: - 180 - 316 name: - Privacy Policy Agreement - Cbs Interactive Privacy Policy xpath: - "//div[@id='main_content']" - "//section[@class='content']" updated_at: - 2018-07-17 10:11:55.791132000 Z - 2018-07-17 10:13:00.159142969 Z
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--- service_id: - 195 - 301 updated_at: - 2018-07-17 10:11:49.323342000 Z - 2018-07-17 10:12:59.916100733 Z
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--- service_id: - 195 - 301 updated_at: - 2018-07-17 10:11:49.294104000 Z - 2018-07-17 10:12:59.880576467 Z
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--- text: - "\nTerms of Service <p>Last Updated: November 19, 2013</p>\n<p>Thank you for using Bitcasa! These Terms of Service (the “Terms”) govern your access to and use of the Bitcasa, Inc.\n(“Bitcasa”, “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.\nBy using the Services you agree to be bound by these Terms.\nIf you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.\nIn that case, “you” and “your” will refer to that organization.</p>\n<p>You may use the Services only in compliance with these Terms.\nYou acknowledge and agree that you have the power to form a contract with Bitcasa and are not barred under any applicable laws from doing so.\nThe Services may continue to change over time as we refine and add more features.\nWe may stop, suspend, or modify the Services at any time without prior notice or liability to you.\nWe may also remove any content from our Services at our discretion without prior notice or liability to you.\nCertain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.\nAll such additional terms, guidelines, and rules are incorporated by reference into this Agreement.\nTo the extent you are a subscriber that has entered into an agreement relating to the Services with one of our service partners and there is a direct conflict between that agreement and these Terms, the agreement with our service partner applies.</p> Access to the Service <p>Subject to the terms of this Agreement and your payment of the applicable fees in accordance with Bitcasa’s Pricing and Refund Policy, Bitcasa grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use if you have subscribed to the Services as an individual user under Bitcasa’s free or standard infinite storage plan or (b) your commercial use in accordance with the applicable restrictions outlined in Bitcasa’s then-current pricing list if you have subscribed to the Services as a commercial user.\nIf at any time Bitcasa reasonably believes in its sole discretion that you are using the Service beyond this scope, Bitcasa may terminate your access to the Service with no additional liability to you.\nThe rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.\n(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services.\n(c) you shall not access the Services in order to build a similar or competitive service.\nand (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\nAny future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.</p> Your Digital Belongings &amp.\nYour Privacy <p>By using our Services you may provide us with information, files, and/or folders that you submit to Bitcasa (together, “your digital belongings”).\nYou and/or your suppliers retain full ownership to your digital belongings.\nWe don’t claim any ownership to any of it.\nThese Terms do not grant us any ownership rights to your digital belongings or intellectual property except for the limited rights that are needed to run the Services, as explained below.</p>\n<p>We may need your permission to do things you ask us to do with your digital belongings, for example, hosting your data, or sharing it at your direction.\nThis includes product features visible to you, for example, image thumbnails or document previews.\nIt also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe.\nYou give us the permissions we need to do those things solely to provide the Services.\nThis permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).\nAs such, you grant, and you represent and warrant that you have the right to grant, to Bitcasa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicenseable license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your digital belongings, solely for the purposes of providing you with the Services.</p>\n<p>To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to.\nHow we collect and use your information generally is also explained in our Privacy Policy.</p>\n<p>You are solely responsible for your conduct, the content of your digital belongings and your communications with others while using the Services.\nFor example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms, host your digital belongings on the Service, and transmit your digital belongings to others.</p>\n<p>We may choose, in our sole discretion, to review public content (e.g., comments on our blog) for compliance with our community guidelines, but you acknowledge that Bitcasa has no obligation to monitor any information on the Services.\nWe are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.</p> Sending Your Digital Belongings <p>The Services provide features that allow you to send your digital belongings to others via a link.\nWhen you elect to send digital belongings via a link, please be aware that there are no restrictions on what the recipient will do with the digital belongings you sent.\nThere are many things that other users may do with those digital belongings (for example: view it, download it, copy it, re-send it).\nPlease consider carefully what you choose to send publicly.\nPlease note that if a link you share is posted (by either you or someone you share it with) on a publicly available website, the link may show up in search engines as a part of the “indexing” process that search engines use to identify content and links contained within web pages.\nBitcasa has no responsibility for what a recipient will do with the digital belongings you send to them.</p> Your Responsibilities <p>Digital content may be protected by intellectual property rights of others.\nPlease do not copy, upload, download, or share files unless you have the right to do so.\nYou acknowledge and agree that you, and not Bitcasa, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.\nYou must not upload spyware or any other malicious software to the Service that might harm the Service, any computer network, or other Bitcasa users.</p>\n<p>You acknowledge and agree that you, and not Bitcasa, are solely responsible for maintaining and protecting all of your digital belongings.\nBitcasa will not be liable for any loss or corruption of your digital belongings, or for any costs or expenses associated with backing up or restoring any of your digital belongings.</p>\n<p>If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.</p>\n<p>You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.\nYou acknowledge and agree that you, and not Bitcasa, are solely responsible for any activity using your account, whether or not you specifically authorized that activity.\nYou must immediately notify Bitcasa of any unauthorized use of your account.\nYou acknowledge that if you wish to protect your transmission of data to Bitcasa, it is your responsibility to use a secure connection to communicate with the Services.</p> Software and Updates <p>Some use of our Service requires you to download a client software package (“Software”).\nBitcasa hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purposes of accessing the Services.\nYour license to use the Software is automatically revoked if you violate these Terms.\nWe hereby reserve all rights not expressly granted in these Terms.\nYou must not modify, make derivative works of, reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.\nOur Services may update the Software on your device automatically when a new version is available and you hereby authorize Bitcasa to automatically update the Software on your device.</p> Bitcasa Property and Feedback <p>These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services.\nWhile we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in public parts of our site or Service (e.g.\nour forums) without any obligation to you.\nThe Software and other technology we use to provide the Services are the sole property of Bitcasa and its suppliers and are protected by copyright, trademark, and other laws of both the United States and foreign countries.\nThese Terms do not grant you any rights to use the Bitcasa trademarks, logos, domain names, or other brand features.</p> Acceptable Use <p>You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Bitcasa Acceptable Use Policy.</p> Copyright <p>Bitcasa respects others’ intellectual property and asks that you do too.\nWe will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.\nSuch notices should be reported using our DMCA Process.\nWe reserve the right to delete or disable content alleged to be infringing and have a policy for terminating repeat infringers.\nOur designated agent for notice of alleged copyright infringement on the Services is:</p>\n<p>copyright@bitcasa.com</p>\n<p>Or, mail to:</p> Copyright Agent<br> Bitcasa, Inc.<br> 1200 Park Place Ste 350<br> San Mateo, CA 94403<br> Other Content and Other Users <p>The Services may contain links to third-party websites or resources.\nBitcasa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.\nYou are solely responsible for your use of any such websites or resources.\nAlso, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.</p>\n<p>Your interactions with other Service users are solely between you and such user.\nYou agree that Bitcasa will not be responsible for any loss or damage incurred as the result of any such interactions.\nIf there is a dispute between you and any Service user, we are under no obligation to become involved.\nYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or any third party sites that may be linked to on the Service.\nIF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”</p> Termination <p>Though we’d much rather you stay, you can stop using our Services any time by following the directions on the Services.\nWe reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.\nFor example, we may suspend or terminate your use if we reasonably believe in our sole discretion that you are (a) not complying with these Terms or (b) using the Services in any way that would cause us legal liability or disrupt others’ use of the Services.\nIf we suspend or terminate your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you.\nAll provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, access restrictions, and limitations of liability.</p> Bitcasa is Available “AS-IS” <p>Though we want to provide a great service, there are certain things about the service we can’t promise.\nTHE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK.\nWE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT.\nWE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS.\n(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.\nOR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.</p>\n<p>BITCASA WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE.\nSOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.</p> Indemnity <p>You agree to indemnify and hold Bitcasa (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your digital belongings, (iii) your violation of these Terms.\nor (iv) your violation of applicable laws or regulations.\nBitcasa 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.\nYou agree not to settle any matter without the prior written consent of Bitcasa.\nBitcasa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITCASA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BITCASA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.BITCASA’S (AND OUR SUPPLIERS’) AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OR $20 OR THE AMOUNTS PAID BY YOU TO BITCASA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.\nTHE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\nSOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.</p> Modifications <p>We may revise these Terms in our sole discretion from time to time.\nWhen changes are made, we will make the most current version available on our website and will update the “Last Updated” date above.\nIf a revision, in our sole discretion, is material we will notify you via the email address associated with your account.\nAny changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Service for existing users.\nBy continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.\nIf you do not agree to the new terms, please stop using the Services.</p> Miscellaneous Legal Terms <p>These Terms and the use of the services and software will be governed by California law except for its conflicts of laws principles.\nAll claims arising out of or relating to these Terms or the Services or software must be litigated exclusively in the federal or state courts of Santa Clara county, California, and both parties consent to venue and personal jurisdiction there.\nThese Terms constitute the entire and exclusive agreement between you and Bitcasa with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.\nThese Terms create no third party beneficiary rights.\nBitcasa’s failure to enforce a provision is not a waiver of its right to do so later.\nIf a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.\nYou may not assign any of your rights in these Terms, and any such attempt is void, but Bitcasa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.\nBitcasa and you are not legal partners or agents.\ninstead, our relationship is that of independent contractors.</p> International Terms <p>Choice of Language.\nIt is the express wish of the parties that the Terms and all related documents have been drawn up in English.\nC’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.</p>\n<p>United Kingdom.\nA third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.</p>\n<p>Germany.\nNotwithstanding anything to the contrary in these Terms, Bitcasa is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).</p> \n" - |2 Acceptable Use <p>Bitcasa is proud of the trust you place in us to store your valuable data. In exchange, we trust you to use our services responsibly.</p> <p>Unless you are paying for a commercial account, your Bitcasa account is for non-commercial, personal use only, and use of a single Bitcasa account by any corporation or small business entity is strictly prohibited. If you have a commercial account, you may only use that account in accordance with the limitations associated with your pricing tier.</p> <p>You agree not to misuse the Bitcasa services. For example, you must not, and must not attempt to, use the services to do the following things.</p> <ul> <li>probe, scan, or test the vulnerability of any system or network;</li> <li>breach or otherwise circumvent any security or authentication measures;</li> <li>access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or Bitcasa (or our service providers’) computer systems;</li> <li>interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;</li> <li>disclose your individual account password or share your account credentials with any third party or otherwise allow a third party to access your account;</li> <li>plant malware or otherwise use the Services to distribute malware;</li> <li>attempt or engage in any potentially harmful acts that are directed against the Bitcasa services, including but not limited to violating or attempting to violate any security features of the Bitcasa services (or otherwise take advantage of any defect in the Bitcasa services), using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Bitcasa services or otherwise access or search the Services by any means other than our publicly supported interfaces;</li> <li>attempt or engage in any activity that might overwhelm or place a burden on the Bitcasa services;</li> <li>send unsolicited communications, promotions or advertisements, or spam;</li> <li>send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;</li> <li>publish anything that is fraudulent, misleading, or infringes another's rights;</li> <li>promote or advertise products or services other than your own without appropriate authorization;</li> <li>impersonate or misrepresent your affiliation with any person or entity;</li> <li>abuse Bitcasa referrals to get more credit for referrals than deserved;</li> <li>publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;</li> <li>violate the law in any way, or to violate the intellectual property or privacy rights of others, or to defame others.</li> </ul> name: - Terms of Service - Acceptable Use Policy xpath: - "//div[@id='termsOfService']" - "//div[@id='acceptableUse']" updated_at: - 2018-07-17 10:12:59.672585000 Z - 2018-07-17 10:12:59.714649119 Z
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--- text: - "\nPrivacy Policy <p>This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information.\nUsers can access the Bitcasa service (the “Service”) through our website www.bitcasa.com, applications on Devices, through APIs, and through third-parties.\nA “Device” is any computer used to access the Bitcasa Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.\nThis Privacy Policy governs your access of the Bitcasa Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.\nAll of the different forms of data, content, and information described below are collectively referred to as “information.” </p>\n1.\nThe Information We Collect And Store <p>We may collect and store the following information when running the Bitcasa Service:</p>\n<p>Information You Provide.\nWhen you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses.\nYou may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services.\nWhen you invite others to join Bitcasa by using our referral page, we send them a one-time email for that referral.\nYou may also provide us with your contacts’ email addresses when sharing folders or files with them.\nWe may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Bitcasa to you.</p>\n<p>Files.\nWe collect and store the files you upload, download, or access with the Bitcasa Service (“Files”).\nIf you add a file to your Bitcasa that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.</p>\n<p>Log Data.\nWhen you use the Service, we automatically record information from your Device, its software, and your activity using the Services.\nThis may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.</p>\n<p>Cookies.\nWe also use “cookies” to collect information and improve our Services.\nA cookie is a small data file that we transfer to your Device.\nWe may use “persistent cookies” to save your registration ID and login password for future logins to the Service.\nWe may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all aspects of the Service.</p> 2.\nHow We Use Personal Information <p>Personal Information.\nIn the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”).\nPersonal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.\nIf you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.</p>\n<p>Geo-Location Information.\nSome Devices allow applications to access real-time location-based information (for example, GPS).\nOur mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services.\nSome photos and videos you place in Bitcasa may contain recorded location information.\nWe may use this information to optimize your experience.\nIf you do not wish to share files embedded with your geo-location information with us, please do not upload them.\nIf you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature.\nAlso, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.</p>\n<p>Analytics.\nWe also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information.\nWe use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.\nAs of the date this policy went into effect, we use Google Analytics.\nTo learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.</p> 3.\nInformation Sharing and Disclosure <p>Your Use.\nWe will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account.\nAny information you choose to provide should reflect how much you want others to know about you.\nPlease consider carefully what information you disclose in your profile page and your desired level of anonymity.\nYou can review and revise your profile information at any time.\nWe do not sell your personal information to third parties.\nWe may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below).\nThrough certain features of the Service, you may also have the ability to make some of your information public.\nPublic information may be broadly and quickly disseminated.</p>\n<p>Service Providers, Business Partners and Others.\nWe may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).\nThese third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.\nAs of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files).\nYou can find more information on Amazon's data security from the S3 site.</p>\n<p>Third-Party Applications.\nWe may share your information with a third party application with your consent, for example when you choose to access our Services through such an application.\nWe are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.</p>\n<p>Business Transfers.\nIf we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy.\nWe will also notify you of choices you may have regarding the information.</p>\n<p>Compliance with Laws and Safety.\nWe may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Bitcasa our agents, customers, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the personal safety of its customers or any person.</p>\n<p>Non-private or Non-Personal Information.\nWe may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.</p> 4.\nChanging or Deleting Your Information <p>If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings.\nIn some cases we may retain copies of your information if required by law.\nFor questions about your Personal Information on our Service or to request that your Personal Information be modified or deleted, please contact privacy@bitcasa.com.</p> 5.\nData Retention <p>We will retain your information for as long as your account is active or as needed to provide you services.\nIf you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here.\nWe may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.\nConsistent with these requirements, we will try to delete your information quickly upon request.\nPlease note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.\nIn addition, we do not delete from our servers files that you have in common with other users.</p> 6.\nBitcasa Community <p>Our Service offers publicly accessible community services such as blogs, forums, and wikis.\nYou should be aware that any information you provide in these areas may be read, collected, and used by others who access them.\nYour posts may remain even after you cancel your account.\nFor questions about your Personal Information on our Service, please contact privacy@bitcasa.com.</p>\n<p>Our Site includes links to other Web sites whose privacy practices may differ from those of Bitcasa.\nIf you submit personal information to any of those sites, your information is governed by their privacy statements.\nWe encourage you to carefully read the privacy statement of any Web site you visit.</p> 7.\nSecurity <p>The security of your information is important to us.\nWhen you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).</p>\n<p>We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it.\nNo method of electronic transmission or storage is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our website, you can view our Security Overview Page or contact us at security@bitcasa.com.</p> 8.\nOur Policy Toward Children <p>Our Services are not directed to persons under 13.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@bitcasa.com.</p> 9.\nContacting Us <p>If you have any questions about this Privacy Policy, please contact us at privacy@bitcasa.com or at 1200 Park Place Ste 350, San Mateo, CA 94403.</p> 10.\nChanges to our Privacy Policy <p>This Privacy Policy may change from time to time.\nIf we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email).\nAnd we may provide notice of changes in other circumstances as well.\nBy continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.</p> \n" - "\nTerms of Service <p>Last Updated: November 19, 2013</p>\n<p>Thank you for using Bitcasa! These Terms of Service (the “Terms”) govern your access to and use of the Bitcasa, Inc.\n(“Bitcasa”, “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.\nBy using the Services you agree to be bound by these Terms.\nIf you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.\nIn that case, “you” and “your” will refer to that organization.</p>\n<p>You may use the Services only in compliance with these Terms.\nYou acknowledge and agree that you have the power to form a contract with Bitcasa and are not barred under any applicable laws from doing so.\nThe Services may continue to change over time as we refine and add more features.\nWe may stop, suspend, or modify the Services at any time without prior notice or liability to you.\nWe may also remove any content from our Services at our discretion without prior notice or liability to you.\nCertain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.\nAll such additional terms, guidelines, and rules are incorporated by reference into this Agreement.\nTo the extent you are a subscriber that has entered into an agreement relating to the Services with one of our service partners and there is a direct conflict between that agreement and these Terms, the agreement with our service partner applies.</p> Access to the Service <p>Subject to the terms of this Agreement and your payment of the applicable fees in accordance with Bitcasa’s Pricing and Refund Policy, Bitcasa grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use if you have subscribed to the Services as an individual user under Bitcasa’s free or standard infinite storage plan or (b) your commercial use in accordance with the applicable restrictions outlined in Bitcasa’s then-current pricing list if you have subscribed to the Services as a commercial user.\nIf at any time Bitcasa reasonably believes in its sole discretion that you are using the Service beyond this scope, Bitcasa may terminate your access to the Service with no additional liability to you.\nThe rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.\n(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services.\n(c) you shall not access the Services in order to build a similar or competitive service.\nand (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\nAny future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.</p> Your Digital Belongings &amp.\nYour Privacy <p>By using our Services you may provide us with information, files, and/or folders that you submit to Bitcasa (together, “your digital belongings”).\nYou and/or your suppliers retain full ownership to your digital belongings.\nWe don’t claim any ownership to any of it.\nThese Terms do not grant us any ownership rights to your digital belongings or intellectual property except for the limited rights that are needed to run the Services, as explained below.</p>\n<p>We may need your permission to do things you ask us to do with your digital belongings, for example, hosting your data, or sharing it at your direction.\nThis includes product features visible to you, for example, image thumbnails or document previews.\nIt also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe.\nYou give us the permissions we need to do those things solely to provide the Services.\nThis permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).\nAs such, you grant, and you represent and warrant that you have the right to grant, to Bitcasa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicenseable license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your digital belongings, solely for the purposes of providing you with the Services.</p>\n<p>To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to.\nHow we collect and use your information generally is also explained in our Privacy Policy.</p>\n<p>You are solely responsible for your conduct, the content of your digital belongings and your communications with others while using the Services.\nFor example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms, host your digital belongings on the Service, and transmit your digital belongings to others.</p>\n<p>We may choose, in our sole discretion, to review public content (e.g., comments on our blog) for compliance with our community guidelines, but you acknowledge that Bitcasa has no obligation to monitor any information on the Services.\nWe are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.</p> Sending Your Digital Belongings <p>The Services provide features that allow you to send your digital belongings to others via a link.\nWhen you elect to send digital belongings via a link, please be aware that there are no restrictions on what the recipient will do with the digital belongings you sent.\nThere are many things that other users may do with those digital belongings (for example: view it, download it, copy it, re-send it).\nPlease consider carefully what you choose to send publicly.\nPlease note that if a link you share is posted (by either you or someone you share it with) on a publicly available website, the link may show up in search engines as a part of the “indexing” process that search engines use to identify content and links contained within web pages.\nBitcasa has no responsibility for what a recipient will do with the digital belongings you send to them.</p> Your Responsibilities <p>Digital content may be protected by intellectual property rights of others.\nPlease do not copy, upload, download, or share files unless you have the right to do so.\nYou acknowledge and agree that you, and not Bitcasa, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.\nYou must not upload spyware or any other malicious software to the Service that might harm the Service, any computer network, or other Bitcasa users.</p>\n<p>You acknowledge and agree that you, and not Bitcasa, are solely responsible for maintaining and protecting all of your digital belongings.\nBitcasa will not be liable for any loss or corruption of your digital belongings, or for any costs or expenses associated with backing up or restoring any of your digital belongings.</p>\n<p>If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.</p>\n<p>You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.\nYou acknowledge and agree that you, and not Bitcasa, are solely responsible for any activity using your account, whether or not you specifically authorized that activity.\nYou must immediately notify Bitcasa of any unauthorized use of your account.\nYou acknowledge that if you wish to protect your transmission of data to Bitcasa, it is your responsibility to use a secure connection to communicate with the Services.</p> Software and Updates <p>Some use of our Service requires you to download a client software package (“Software”).\nBitcasa hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purposes of accessing the Services.\nYour license to use the Software is automatically revoked if you violate these Terms.\nWe hereby reserve all rights not expressly granted in these Terms.\nYou must not modify, make derivative works of, reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.\nOur Services may update the Software on your device automatically when a new version is available and you hereby authorize Bitcasa to automatically update the Software on your device.</p> Bitcasa Property and Feedback <p>These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services.\nWhile we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in public parts of our site or Service (e.g.\nour forums) without any obligation to you.\nThe Software and other technology we use to provide the Services are the sole property of Bitcasa and its suppliers and are protected by copyright, trademark, and other laws of both the United States and foreign countries.\nThese Terms do not grant you any rights to use the Bitcasa trademarks, logos, domain names, or other brand features.</p> Acceptable Use <p>You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Bitcasa Acceptable Use Policy.</p> Copyright <p>Bitcasa respects others’ intellectual property and asks that you do too.\nWe will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.\nSuch notices should be reported using our DMCA Process.\nWe reserve the right to delete or disable content alleged to be infringing and have a policy for terminating repeat infringers.\nOur designated agent for notice of alleged copyright infringement on the Services is:</p>\n<p>copyright@bitcasa.com</p>\n<p>Or, mail to:</p> Copyright Agent<br> Bitcasa, Inc.<br> 1200 Park Place Ste 350<br> San Mateo, CA 94403<br> Other Content and Other Users <p>The Services may contain links to third-party websites or resources.\nBitcasa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.\nYou are solely responsible for your use of any such websites or resources.\nAlso, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.</p>\n<p>Your interactions with other Service users are solely between you and such user.\nYou agree that Bitcasa will not be responsible for any loss or damage incurred as the result of any such interactions.\nIf there is a dispute between you and any Service user, we are under no obligation to become involved.\nYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or any third party sites that may be linked to on the Service.\nIF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”</p> Termination <p>Though we’d much rather you stay, you can stop using our Services any time by following the directions on the Services.\nWe reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.\nFor example, we may suspend or terminate your use if we reasonably believe in our sole discretion that you are (a) not complying with these Terms or (b) using the Services in any way that would cause us legal liability or disrupt others’ use of the Services.\nIf we suspend or terminate your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you.\nAll provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, access restrictions, and limitations of liability.</p> Bitcasa is Available “AS-IS” <p>Though we want to provide a great service, there are certain things about the service we can’t promise.\nTHE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK.\nWE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT.\nWE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS.\n(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.\nOR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.</p>\n<p>BITCASA WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE.\nSOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.</p> Indemnity <p>You agree to indemnify and hold Bitcasa (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your digital belongings, (iii) your violation of these Terms.\nor (iv) your violation of applicable laws or regulations.\nBitcasa 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.\nYou agree not to settle any matter without the prior written consent of Bitcasa.\nBitcasa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITCASA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BITCASA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.BITCASA’S (AND OUR SUPPLIERS’) AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OR $20 OR THE AMOUNTS PAID BY YOU TO BITCASA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.\nTHE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\nSOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.</p> Modifications <p>We may revise these Terms in our sole discretion from time to time.\nWhen changes are made, we will make the most current version available on our website and will update the “Last Updated” date above.\nIf a revision, in our sole discretion, is material we will notify you via the email address associated with your account.\nAny changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Service for existing users.\nBy continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.\nIf you do not agree to the new terms, please stop using the Services.</p> Miscellaneous Legal Terms <p>These Terms and the use of the services and software will be governed by California law except for its conflicts of laws principles.\nAll claims arising out of or relating to these Terms or the Services or software must be litigated exclusively in the federal or state courts of Santa Clara county, California, and both parties consent to venue and personal jurisdiction there.\nThese Terms constitute the entire and exclusive agreement between you and Bitcasa with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.\nThese Terms create no third party beneficiary rights.\nBitcasa’s failure to enforce a provision is not a waiver of its right to do so later.\nIf a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.\nYou may not assign any of your rights in these Terms, and any such attempt is void, but Bitcasa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.\nBitcasa and you are not legal partners or agents.\ninstead, our relationship is that of independent contractors.</p> International Terms <p>Choice of Language.\nIt is the express wish of the parties that the Terms and all related documents have been drawn up in English.\nC’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.</p>\n<p>United Kingdom.\nA third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.</p>\n<p>Germany.\nNotwithstanding anything to the contrary in these Terms, Bitcasa is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).</p> \n" name: - Privacy Policy - Terms of Service xpath: - "//div[@id='privacyPolicy']" - "//div[@id='termsOfService']" updated_at: - 2018-07-17 10:12:59.605391000 Z - 2018-07-17 10:12:59.672585543 Z
someone: 17/07/18 - 10:12
--- text: - |2 Acceptable Use <p>Bitcasa is proud of the trust you place in us to store your valuable data. In exchange, we trust you to use our services responsibly.</p> <p>Unless you are paying for a commercial account, your Bitcasa account is for non-commercial, personal use only, and use of a single Bitcasa account by any corporation or small business entity is strictly prohibited. If you have a commercial account, you may only use that account in accordance with the limitations associated with your pricing tier.</p> <p>You agree not to misuse the Bitcasa services. For example, you must not, and must not attempt to, use the services to do the following things.</p> <ul> <li>probe, scan, or test the vulnerability of any system or network;</li> <li>breach or otherwise circumvent any security or authentication measures;</li> <li>access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or Bitcasa (or our service providers’) computer systems;</li> <li>interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;</li> <li>disclose your individual account password or share your account credentials with any third party or otherwise allow a third party to access your account;</li> <li>plant malware or otherwise use the Services to distribute malware;</li> <li>attempt or engage in any potentially harmful acts that are directed against the Bitcasa services, including but not limited to violating or attempting to violate any security features of the Bitcasa services (or otherwise take advantage of any defect in the Bitcasa services), using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Bitcasa services or otherwise access or search the Services by any means other than our publicly supported interfaces;</li> <li>attempt or engage in any activity that might overwhelm or place a burden on the Bitcasa services;</li> <li>send unsolicited communications, promotions or advertisements, or spam;</li> <li>send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;</li> <li>publish anything that is fraudulent, misleading, or infringes another's rights;</li> <li>promote or advertise products or services other than your own without appropriate authorization;</li> <li>impersonate or misrepresent your affiliation with any person or entity;</li> <li>abuse Bitcasa referrals to get more credit for referrals than deserved;</li> <li>publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;</li> <li>violate the law in any way, or to violate the intellectual property or privacy rights of others, or to defame others.</li> </ul> - "\nPrivacy Policy <p>This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information.\nUsers can access the Bitcasa service (the “Service”) through our website www.bitcasa.com, applications on Devices, through APIs, and through third-parties.\nA “Device” is any computer used to access the Bitcasa Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.\nThis Privacy Policy governs your access of the Bitcasa Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.\nAll of the different forms of data, content, and information described below are collectively referred to as “information.” </p>\n1.\nThe Information We Collect And Store <p>We may collect and store the following information when running the Bitcasa Service:</p>\n<p>Information You Provide.\nWhen you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses.\nYou may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services.\nWhen you invite others to join Bitcasa by using our referral page, we send them a one-time email for that referral.\nYou may also provide us with your contacts’ email addresses when sharing folders or files with them.\nWe may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Bitcasa to you.</p>\n<p>Files.\nWe collect and store the files you upload, download, or access with the Bitcasa Service (“Files”).\nIf you add a file to your Bitcasa that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.</p>\n<p>Log Data.\nWhen you use the Service, we automatically record information from your Device, its software, and your activity using the Services.\nThis may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.</p>\n<p>Cookies.\nWe also use “cookies” to collect information and improve our Services.\nA cookie is a small data file that we transfer to your Device.\nWe may use “persistent cookies” to save your registration ID and login password for future logins to the Service.\nWe may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.\nYou can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.\nIf you do not accept cookies, however, you may not be able to use all aspects of the Service.</p> 2.\nHow We Use Personal Information <p>Personal Information.\nIn the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”).\nPersonal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.\nIf you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.</p>\n<p>Geo-Location Information.\nSome Devices allow applications to access real-time location-based information (for example, GPS).\nOur mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services.\nSome photos and videos you place in Bitcasa may contain recorded location information.\nWe may use this information to optimize your experience.\nIf you do not wish to share files embedded with your geo-location information with us, please do not upload them.\nIf you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature.\nAlso, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.</p>\n<p>Analytics.\nWe also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information.\nWe use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.\nAs of the date this policy went into effect, we use Google Analytics.\nTo learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.</p> 3.\nInformation Sharing and Disclosure <p>Your Use.\nWe will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account.\nAny information you choose to provide should reflect how much you want others to know about you.\nPlease consider carefully what information you disclose in your profile page and your desired level of anonymity.\nYou can review and revise your profile information at any time.\nWe do not sell your personal information to third parties.\nWe may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below).\nThrough certain features of the Service, you may also have the ability to make some of your information public.\nPublic information may be broadly and quickly disseminated.</p>\n<p>Service Providers, Business Partners and Others.\nWe may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).\nThese third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.\nAs of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files).\nYou can find more information on Amazon's data security from the S3 site.</p>\n<p>Third-Party Applications.\nWe may share your information with a third party application with your consent, for example when you choose to access our Services through such an application.\nWe are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.</p>\n<p>Business Transfers.\nIf we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy.\nWe will also notify you of choices you may have regarding the information.</p>\n<p>Compliance with Laws and Safety.\nWe may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Bitcasa our agents, customers, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the personal safety of its customers or any person.</p>\n<p>Non-private or Non-Personal Information.\nWe may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.</p> 4.\nChanging or Deleting Your Information <p>If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings.\nIn some cases we may retain copies of your information if required by law.\nFor questions about your Personal Information on our Service or to request that your Personal Information be modified or deleted, please contact privacy@bitcasa.com.</p> 5.\nData Retention <p>We will retain your information for as long as your account is active or as needed to provide you services.\nIf you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here.\nWe may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.\nConsistent with these requirements, we will try to delete your information quickly upon request.\nPlease note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.\nIn addition, we do not delete from our servers files that you have in common with other users.</p> 6.\nBitcasa Community <p>Our Service offers publicly accessible community services such as blogs, forums, and wikis.\nYou should be aware that any information you provide in these areas may be read, collected, and used by others who access them.\nYour posts may remain even after you cancel your account.\nFor questions about your Personal Information on our Service, please contact privacy@bitcasa.com.</p>\n<p>Our Site includes links to other Web sites whose privacy practices may differ from those of Bitcasa.\nIf you submit personal information to any of those sites, your information is governed by their privacy statements.\nWe encourage you to carefully read the privacy statement of any Web site you visit.</p> 7.\nSecurity <p>The security of your information is important to us.\nWhen you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).</p>\n<p>We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it.\nNo method of electronic transmission or storage is 100% secure, however.\nTherefore, we cannot guarantee its absolute security.\nIf you have any questions about security on our website, you can view our Security Overview Page or contact us at security@bitcasa.com.</p> 8.\nOur Policy Toward Children <p>Our Services are not directed to persons under 13.\nWe do not knowingly collect personally identifiable information from children under 13.\nIf a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@bitcasa.com.</p> 9.\nContacting Us <p>If you have any questions about this Privacy Policy, please contact us at privacy@bitcasa.com or at 1200 Park Place Ste 350, San Mateo, CA 94403.</p> 10.\nChanges to our Privacy Policy <p>This Privacy Policy may change from time to time.\nIf we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email).\nAnd we may provide notice of changes in other circumstances as well.\nBy continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.</p> \n" name: - Acceptable Use Policy - Privacy Policy xpath: - "//div[@id='acceptableUse']" - "//div[@id='privacyPolicy']" updated_at: - 2018-07-17 10:11:55.694329000 Z - 2018-07-17 10:12:59.605391180 Z
someone: 17/07/18 - 10:12
--- id: - - 242 name: - - Terms of Service url: - - https://evernote.com/legal/terms-of-service xpath: - - "//div[@class='content-container']" text: - - " <p>\n<strong>Effective Date: August 28, 2017 - What’s new »</strong>\n</p>\n<p>Welcome to Evernote! We invite you to access our websites and use the Evernote service, but please note that your invitation is subject to your agreement with these Terms of Service.\nThis document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.</p>\nWhat Are the Terms of Service?\n<p>The Terms of Service constitutes a contract between Evernote and you.\nThe Terms include the provisions set forth in this document and in the Evernote Privacy Policy, Commercial Terms, Evernote Busines­­s Agreement, User Guidelines, IP Compliance Program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”).\nIf you do not agree to these Terms, you do not have the right to access or use our Service.\nIf you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. </p>\n<p>By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in Evernote (collectively, “Content”) and your personal information in accordance with such Privacy Policy.</p>\nWhat Is the Evernote Service?\n<p>The Evernote Software (as defined below), the Evernote service, and other products, services and websites hosted or made available by Evernote, including, for example our App Center, User Forum, and Help &amp.\nLearning pages are collectively referred to in these Terms as the “Service”.\nIn exchange for being enabled to use the Service, you agree to abide by these Terms.</p>\nIf This Is a Contract, Who Are the Parties?\n<p>You, the Account Holder, are one party to this contract.\n(An Account Holder is the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement.) </p>\n<p>If you reside in the United States or Canada, then the other party to this contract is Evernote Corporation, a corporation headquartered in California.\nIf you reside in Brazil, then the other party to this contract is Evernote do Brasil Serviços de Aplicações Ltda., a company headquartered in the city of São Paulo, State of Sao Paolo, Brazil (“Evernote Brasil”).\nIf you reside outside of the United States, Canada and Brazil, then the other party to this contract is Evernote GmbH, a company headquartered in Zurich, Switzerland.\n(Evernote Corporation, Evernote GmbH and Evernote Brasil, as applicable, may be referred to in these Terms of Service as “Evernote,” “we” and sometimes “us”).</p>\n<p>On some occasions, you may be purchasing products or service subscriptions from an authorized reseller.\nPlease review our Commercial Terms for information about additional contract terms relating to such purchases.</p>\nIs This the Only Contract I Have with Evernote?\n<p>It depends upon how you interact with the Evernote service and our software applications.\nIf you install any Evernote Software on your computing devices, you may be asked to agree to an end user license agreement.\nIf you pay for an Evernote subscription, you will be asked to agree to the Commercial Terms.\nIf you use related Evernote products or services (such as Evernote Business) or participate in our User Forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”).\nWe refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.</p>\nWill These Terms of Service Ever Change?\n<p>These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time.\nIf we make a significant change, we’ll notify you and, where required, seek your consent.</p>\n<p>If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below).\nyour continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.\nExcept for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us.\nFor clarity, email or other communications will not constitute an effective written agreement for this purpose.</p>\nWhat Do I Have to do to Use the Evernote Service?\n<p>First, you need to create an Evernote service account.\nYou create an account by providing us with an email address and creating a password.\n(Some older accounts also required a username.) We refer to this as your “Basic Subscriber Information”.\nWe encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service.\nYou are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber  Information.\nWe will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure.\nIf you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.</p>\n<p>Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones.\nObtaining those devices and paying for their connectivity and data plans is your responsibility.\nEvernote also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.</p>\nCan I Share My Account with Someone Else?\n<p>Evernote service accounts should not be shared.\nIf you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder.\nWe will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances.\nSince you may use a free Evernote service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.</p>\nOnce I Have an Account, What Are My Rights in the Evernote Service?\n<p>Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms.\nIn addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software provided to you by or on behalf of Evernote, for the sole purpose of enabling you to use the Evernote Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Evernote Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms.\nYou do not obtain any other right or interest in Evernote or the Service.</p>\nEvernote’s Data Protection Laws Say My Data Is Mine – What Does That Mean?\n<p>You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service.\nBut you do have to grant Evernote a limited license, as described below, so we can make your data accessible and usable on the Service.\nOther than this limited license and other rights you grant in these Terms, Evernote acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.</p>\nWhat Is the License I Have to Grant to Evernote?\n<p>In order to enable Evernote to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations.\nFor example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights.\nAccordingly, by using the Service and uploading Content, you are granting Evernote a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable Evernote to operate the Service.\nYou also agree that Evernote has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. </p>\n<p>You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Evernote to make such Content available to, and pass these rights along to, others with whom Evernote has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Evernote determines such access is necessary to comply with its legal obligations.</p>\n<p>If you elect to use any third party service or application that is integrated with Evernote, you also agree that the licenses granted to Evernote in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application.\nIf the third party service or application you elect to use would access or extract Content, you grant Evernote the right and license to enable third party access to and extraction of your Content.\nEvernote does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.</p>\n<p>As we rely upon your rights to upload and distribute your Content, you represent and warrant to Evernote that (1) you have the unfettered legal rights and authority to submit your Content to Evernote, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Evernote under these Terms.\nand (2) your Content complies with our User Guidelines and these Terms.</p>\n<p>Finally, you understand and agree that Evernote, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. </p>\nWhat Other Assurances Do I Have to Grant to Evernote?\n<p>When you use the Evernote service to send messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to an Evernote account, Evernote sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages).\nWhenever you send any kind of message to a third party you represent and warrant to Evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message.</p>\nAre There Rules about What I Can Do on the Evernote Service?\n<p>Yes.\nYour use of the Service must be in accordance with these Terms.\nWhen it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account.\nThis means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service.\nThis applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the Evernote service.\nOur User Guidelines provide more specific details regarding prohibited conduct on the Service.\nIf we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.</p>\nI’m Guessing Evernote Has Some Rights Relating to the Service?\n<p>We do.\nThey’re described here:</p>\n<p>CONTENT RIGHTS.</p>\n<p>While you own the Content you store within the Evernote service (subject to third party rights), you acknowledge and agree that Evernote (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all Evernote software deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable, Evernote Web Clipper, the Site Memory widget or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device (the “Evernote Software”).</p>\n<p>INTELLECTUAL PROPERTY RIGHTS.</p>\n<p>In agreeing to these Terms, you also agree that the rights in the Service and Evernote Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement.\nIn particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Evernote Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. </p>\n<p>RIGHT TO MODIFY THE SERVICE.</p>\n<p>We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or Evernote Software.\nWe expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us.\nWe also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.\nFor example, if you use Evernote Basic, you will not enjoy all of the benefits provided to subscribers of Evernote Plus, Evernote Premium or Evernote Business.</p>\n<p>You also acknowledge that a variety of Evernote actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Evernote has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.\nYou agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.\nHowever, if you are a subscriber for Evernote Plus, Evernote Premium, Evernote Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service.\nUpon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.</p>\n<p>RIGHT TO ENGAGE THIRD PARTIES.</p>\n<p>Evernote engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.\nIn addition, Evernote may contract with third party resellers of the Evernote Plus, Premium or Business versions of the Service and payment processors to enable payments in your local currency and payment systems.\nPlease see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content and our Commercial Terms to understand our relationship with any reseller or payment processor. </p>\n<p>RIGHT TO USE THIRD-PARTY SOFTWARE.</p>\n<p>Evernote may from time to time include as part of the Service and Evernote Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties.\nWe provide information about some of this third party software here and within the particular Evernote Software.\nEvernote expressly disclaims any warranty or other assurance to you regarding such third party software. </p>\n<p>RIGHT TO UPDATE OUR SOFTWARE.</p>\n<p>In connection with any modification of the Service, Evernote may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service.\nEvernote will endeavor to provide you with the option of whether or not to install the update.\nhowever, in certain circumstances (e.g., security risks), Evernote may require you to install the update to continue accessing the Service.\nIn all cases, you agree to permit Evernote to deliver these updates to you (and you to receive them) as part of your use of the Service.</p>\nDo These Terms Apply to Evernote Business Users?\n<p>If you are using the Service as part of an Evernote Business account, your use of the Service is governed by these Terms, except to the extent the Separate Agreement governing the Evernote Business account provides conflicting terms.\nThe Customer who has contracted with Evernote and the Administrator of the Evernote Business account (as “Customer” and “Administrator” are defined in the applicable Evernote Business Agreement) have the responsibility to and agree to share the terms of such Separate Agreement with each individual whose user account is linked to that Evernote Business account (“End User”).</p>\n<p>If you are an End User of an Evernote Business account, please note that the Customer of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account.\nYou can find more information on how your personal Evernote service account works with your Evernote Business account in our Privacy Policy and in this Help and Learning article.</p>\nHow Does Evernote Respond to Copyright or Other Intellectual Property Violations?\n<p>We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright and other applicable laws).\nIf you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate.\nNote that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Evernote does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.</p>\nCan Kids Use Evernote?\n<p>Evernote is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials.\nFurther, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. </p>\n<p>Consistent with applicable law, Evernote does not knowingly collect personal information from minors without parental consent.\nIf we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it. </p>\nWhere Does My Data Go?\n<p>The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy.\nIf you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned by Evernote, its Service Providers, and other third parties located in California and other locations in the United States and other countries.\nAs a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.</p>\nHow is My Account Closed?\n<p>You may deactivate your account with our Service at any time, for any reason (or no reason).\nHowever, if you want to deactivate your account you need to take certain specific steps, which are described in our Help &amp.\nLearning article entitled “How do I deactivate my account?”.\nIf you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms. </p>\n<p>Evernote may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms.\nReasons for Evernote suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Evernote’s sole discretion), (iii) your nonpayment of any fees or other sums due Evernote or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.</p>\n<p>In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so).\nAfter the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.</p>\nWhat Happens to My Account when I Die?\n<p>Evernote’s pledge to protect the privacy of your Content will continue, even after your death or incapacity.\nIf you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them.\nWe will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so.\nWe encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.\nPlease see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity. </p>\nIf I Have a Great Idea to Share with Evernote, What Are My Rights?\n<p>When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Evernote through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information.\n(ii) Evernote is not under any obligation of confidentiality, express or implied, with respect to the Contributions.\n(iii) Evernote shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way.\n(iv) Evernote may have something similar to the Contributions already under consideration or in development.\n(v) your Contributions automatically become the property of Evernote without any obligation of Evernote to you.\nand (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Evernote under any circumstances.</p>\nDoes Evernote Serve Ads?\n<p>Our business model is to make the Service so valuable that our users will want to subscribe to a Paid Service.\nHowever, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties.\nFor more information, please see our Privacy Policy and Cookie Information page. </p>\n<p>Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages.\nFurthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.</p>\nWhat Else Do I Need to Know?\n<p>THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.</p>\n<p>We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service.\nWe may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications.\n(ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. </p>\n<p>INDEMNITY.</p>\n<p>You agree to indemnify and hold Evernote, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account).\nIn the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.</p>\n<p>LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.</p>\n<p>To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: </p>\n<ol>\n<li>YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.</li>\n<li>THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.</li>\n<li>EVERNOTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS.\n(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.\nOR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.</li>\n<li>ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.</li>\n<li>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERNOTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.</li>\n</ol>\n<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERNOTE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF EVERNOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR EVERNOTE POINTS.\n(ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.\n(iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA.\n(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE.\n(v) EVERNOTE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM.\n(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT.\n(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE.\n(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE.\n(ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE.\nOR (x) ANY OTHER MATTER RELATING TO THE SERVICE.</p>\n<p>\n<strong>EXCLUSIONS AND LIMITATIONS.</strong>\n</p>\n<p>NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.\nSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.\nACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>\nIf Evernote Has to Send Me Notice of Something, How Will That Happen?\n<p>This is another reason why it’s important for you to make sure your Basic Subscriber Information is accurate, complete and up to date.\nWe may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service.</p>\nHow Can I Send a Notice to Evernote?\n<p>Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Evernote must be delivered by email to compliance@evernote.com.\nThis email address may be updated as part of any update to these Terms of Service.\nIf you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): </p>\n<p>Evernote Corporation<br>305 Walnut Street<br>Redwood City, California 94063 USA<br>Attention: Legal Notice</p>\n<p> Evernote GmbH<br>Walchestrasse 9<br>8006 Zurich, Switzerland<br>Attention: Legal Notice</p>\n<p> Evernote Do Brasil Serviços De<br>Aplicações Ltda<br>Federal Taxpayer Registration CNPJ/MF no 17.566.240/0001-50<br>Avenida Paulista, no 2.300<br>Andar Pilotis<br>Edifício São Luiz Gonzaga<br>CEP: 01310-300, São Paulo/SP<br>Attention: Legal Notice</p>\nAre There Countries Where I’m Not Allowed to Use Evernote?\n<p>You may not use or otherwise export the Service or any Evernote Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service is hosted or where you use the Service.\nIn particular, but without limitation, the Evernote Software may not be (i) exported or re-exported into any countries that are subject to U.S.\neconomic sanctions or (ii) provided to or used by anyone on the U.S.\nDepartment of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S.\nDepartment of Commerce Denied Persons, Unverified, or Entity lists.\nBy using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country.\nIn addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content.</p>\nWhat Law Applies to My Use of Evernote?\n<p>If you are a resident of the United States or Canada, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions. </p>\n<p>If you reside in Brazil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Brazil and shall be considered to have been made and accepted in Brazil, without regard to conflict of law provisions.</p>\n<p>If you reside outside of the United States, Canada, and Brazil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Switzerland and shall be considered to have been made and accepted in Switzerland, without regard to conflict of law provisions.</p>\n<p>If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.</p>\nWhat Do I Do If I Think I Have a Claim Against Evernote?\n<p>LET US KNOW ABOUT YOUR COMPLAINT.</p>\n<p>We want to know if you have a problem so we encourage you to contact our Customer Support team if you have any concerns with respect to the operation of the Service or any Evernote Software, as we want to ensure that you have an excellent experience. </p>\n<p>INITIATING A FORMAL CLAIM.</p>\n<p>If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms.\nEvernote provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Evernote in any other manner, you shall be in violation of these Terms and you agree that Evernote shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Evernote for its reasonable costs incurred in defending against such improperly initiated claim.\nYou agree that prior to initiating any formal proceedings against Evernote, you will send us a notice to our attorneys at legalnotice@evernote.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.\nIf the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. </p>\n<p>Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by a state or federal court located in San Mateo County, California.\nYou agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.</p>\n<p>Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you reside in Brazil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in São Paolo-SP, Brasil.\nYou agree to submit to the exclusive personal jurisdiction of the courts located within São Paolo-SP, Brasil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. </p>\n<p>Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are not a resident of the United States, Canada, or Brazil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in Zurich, Switzerland.\nYou agree to submit to the exclusive personal jurisdiction of the courts located within Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.</p>\n<p>ALTERNATIVE DISPUTE RESOLUTION PROCESS.</p>\n<p>Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Evernote where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person.\nThis “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Evernote agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement. </p>\n<p>If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU.</p>\n<p>ARBITRATION AGREEMENT.</p>\n<p>If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Evernote agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.\nThe Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.\n(Note that if you were a Service user prior to December 4, 2012 and formally elected to opt out of the Arbitration Agreement pursuant to the procedures set out in our Terms of Service that were effective as of December 4, 2012, you are not subject to this Arbitration Agreement.)</p>\n<p>Our arbitration proceedings would be conducted by the American Arbitration Association (\"AAA\") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement.\nYou may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website.\nThe arbitration shall be held in the county in which you reside or at another mutually agreed location.\nIf the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing.\nAttendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.</p>\n<p>The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law.\nThe arbitrator shall not be bound by rulings in prior arbitrations involving different Evernote users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.\nThe arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.</p>\n<p>The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise.\nIf the amount of any claim in an arbitration is US$10,000 or less, Evernote will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous.\nIn such case, we will make arrangements to pay all necessary fees directly to the AAA.\nIf the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Evernote will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.\nIf the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Evernote for all fees associated with the arbitration paid by Evernote on your behalf, which you otherwise would be obligated to pay under the AAA's rules.</p>\n<p>YOU AND EVERNOTE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.\nWE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING.\nTHE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).\nANY RELIEF AWARDED CANNOT AFFECT OTHER EVERNOTE USERS.</p>\n<p>Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply.\nIf a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void.\nThe remainder of these Terms and this Section (What Do I Do if I think I Have A Claim Against Evernote?) will continue to apply.</p>\n<p>CLAIMS ARE TIME-BARRED.</p>\n<p>You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.</p>\n<p>The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.</p>\n<p>SPECIAL NOTICE FOR CALIFORNIA USERS.</p>\n<p>Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.\nYou may contact us via email at legalnotice@evernote.com or at:</p>\n<p>Evernote Corporation<br>305 Walnut Street<br>Redwood City, California 94063 USA<br>Attention: Legal Notice</p>\nAnything Else?\n<p>A couple of final, but important, points.\nFirst, these Terms constitute the entire agreement between you and Evernote and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement.\nThese Terms supersede any prior agreements or earlier versions of these Terms between you and Evernote for the use of the Service as of the Effective Date indicated at the top of these Terms.\nIf, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.</p>\n<p>Second, you acknowledge and agree that each affiliate of Evernote shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them.\nOther than this, no other person or company shall be a third party beneficiary to these Terms. </p>\n<p>Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.</p>\n<p>\n</p>\n<p>\n</p>\n<p>\n</p>\n<p>In the event of a conflict, the English language version shall govern.</p>\n<p>\n</p> \n" created_at: - - &1 2018-07-17 10:12:00.737503488 Z updated_at: - - *1 service_id: - - 207 reviewed: - - true
someone: 17/07/18 - 10:12
--- id: - - 241 name: - - Privacy Policy url: - - https://evernote.com/privacy/policy xpath: - - "//div[@class='content-container']" text: - - " <p>\n<strong>Effective Date: May 25, 2018 – What’s New &gt;&gt;</strong>\n</p>\n<p>\n<strong>Return to Privacy Center</strong>\n</p>\nIntroduction\n<p>As we state in our 3 Laws of Data Protection, we are committed to protecting the privacy of your data.\nThis Privacy Policy explains more specifically what information Evernote Corporation and its Group Companies (together, “Evernote,” “we” or “us”) collect from Account Holders and End Users (“you”) through Evernote’s websites and applications, which we refer to collectively as “the Service.” The Service includes the Evernote Software.</p>\n<p>Please note, if you use Evernote Basic, Plus, or Premium, you are both the Account Holder and End User of an Evernote service account.\nIf you use Evernote Business, the Account Holder is the Customer who has contracted with Evernote as defined in our Evernote Business Agreement and the End Users are the individuals whose user accounts are linked to that Evernote Business account.\nYou can find these and other defined terms used in this policy in our Glossary at the end of this page.</p>\n<p>Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time.\nWe’ll notify you if we make a significant change and, where required, seek your consent. </p>\nWhat information does Evernote collect? \n<p>We built Evernote to help you remember and organize your ideas, thoughts, and memories.\nThat means you can input, upload, or store in Evernote any text, images, and other data that you choose—we refer to that information as“Content”.\nWe also collect and receive the following types of information:</p>\n<ul>\n<li>\n<strong>Basic subscriber information.</strong> To open your account and process payments, we collect and receive basic information like your email address and, depending on how you purchase a subscription to Evernote Plus, Evernote Premium or Evernote Business (each a “Paid Service”), your billing address and other payment information.\n </li>\n<li>\n<strong>Usage data.</strong> We collect and log data on how you and others access and use Evernote, for example, the act of creating a note or sharing a note.\nUsage data may be collected through cookies, and similar technologies.\nFor more information, including how to opt-out, visit our Cookie Information page. </li>\n<li>\n<strong>Location information.</strong> We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobile device. </li>\n<li>\n<strong>Device information.</strong> We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows).\nLearn more about information our applications collect from your device on our Data Usage page.</li>\n</ul>\n<p>\n</p>\n<p>We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience.  For example, if you create or log into an Evernote account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings.</p>\n<p>Learn MoreShow Less</p>\n<p>We’ve listed the types of information we collect and receive more specifically in the chart below.\nGenerally, we collect this information to support your account and to help us understand how you use the Service so we can make it better.\nWe have noted which types of information are not collected unless you choose to provide it.</p>\n<p> If you register for or maintain an Evernote service account:</p>\n<strong> We collect </strong>\n<strong> Why we collect it </strong>\nYour username, email address, and contact preferences <ul>\n<li>To create and support your Evernote Service account.</li>\n<li>To communicate with you.</li>\n<li>To enable other users to collaborate with you through Collaboration Features (such as shared Notes and Notebooks).</li>\n<li>In accordance with your communication preferences, to send you information about Evernote features, products, and services that can enhance your use of the Service.</li>\n<li>To verify your email address to help prevent spam, fraud, and abuse.</li>\n</ul>\nYour name, image, and other personal information, if you choose to share it <ul>\n<li>To display in your user profile, which may be visible to those with whom you share Content.</li>\n</ul>\nThe geographic area from which your computing devices interact with the Service, your preferred language, and, if you select the option to share it, your mobile device location information <ul>\n<li>To localize your interaction with the Service by, for example, displaying web pages or user interfaces in your preferred language, showing you website content or pricing information appropriate to your location, and improving search by filtering results by location.</li>\n<li>To help you monitor use of your account: We make recent IP address history available to you through your account settings.</li>\n<li>To assist us in complying with legal restrictions that may limit the permissible use of the Service.</li>\n<li>To enhance your Content with location information.</li>\n<li>To help you discover relevant content.</li>\n</ul>\nYour device information <ul>\n<li>To show you (on your account’s Access History page) which of your devices you have authorized to access your Evernote service account and when you last accessed the Service from each device. </li>\n<li>To inform our product development and marketing efforts, including our targeted advertising as described on our Cookie Information page.</li>\n<li>To allow you to redeem a promotional offer.</li>\n<li>To provide account support.</li>\n<li>Together with purchase information, to help us comply with export laws.</li>\n</ul> Your telephone number, if you choose to share it <ul>\n<li>To help prevent spam, fraud, and abuse.</li>\n<li>To enable two-step verification to provide an additional layer of security for your account.</li>\n<li>To enable other users to communicate with you through Collaboration Features.</li>\n<li>To show in your user profile, if you choose.</li>\n<li>In accordance with your communication preferences, to send you information about Evernote features, products, and services that can enhance your use of the Service.</li>\n</ul>\nYour calendar information, only if you select the option to share it  <ul>\n<li>To enhance your notes with calendar information.</li>\n<li>To show you relevant Content to which you have access.</li>\n</ul>\nActions you perform when using the Service (e.g., creating a note or sharing a note) <ul>\n<li>To administer the Service and to improve the features and usability of the Service.</li>\n<li>To suggest Evernote features, products, and services that can enhance your use of the Service.</li>\n<li>To provide account support.</li>\n</ul>\nWhether your account was created or referred through a reseller or other partner who helps distribute or promote Evernote accounts <ul>\n<li>To determine the amount of revenue share payments to make to partners with whom we might have such arrangements and to provide aggregated and anonymized revenue share reports.\nThese partners could include resellers or distribution partners.</li>\n</ul>\nYour payment information, if you purchase a subscription\nTo process your payment.    \n<p>In addition to the information above, there are certain cases where we receive or collect supplemental information, as outlined below.</p>\n<p>Additional information we collect in connection with Evernote Business accounts:</p>\n<strong>We collect</strong>\n<strong>Why we collect it</strong>\nOrganization name and email address of Account Holder and End Users <ul>\n<li>To create and support the Evernote Business account.</li>\n<li>To communicate with the Account Holder and End Users of the Business account in accordance with communication preferences.</li>\n<li>To enable Account Holder and End Users of a Business account to use Collaboration Features.</li>\n<li>To verify Account Holder’s and End Users’ email addresses to help prevent spam, fraud, and abuse.</li>\n</ul>\nBilling information (e.g., postal address, email address, and telephone number) <ul>\n<li>To communicate with the Billing Contact on the account and provide account support.</li>\n</ul>\nEmployment-related personal information (e.g., your business title) – if you elect to share it <ul>\n<li>To show in your Evernote Business account user profile if you choose.</li>\n</ul>\n<p>If you use our Web Clipper browser extension or \"Save to Evernote\" button:</p>\n<strong> We collect </strong>\n<strong> Why we collect it </strong>\nA record of the source website from which you save Content <ul>\n<li>To record in the note created by the Web Clipper the source of the material you’ve chosen to clip (e.g., the URL) for your future reference.\nThis source-recording functionality will not be affected by your browser’s do-not-track settings.</li>\n</ul>\n<p>\n</p>\n<p>Please Note:</p>\n<p>If you have installed the Web Clipper, when you visit certain websites the Web Clipper may notify you of available integrations with the Service or about products, services or features that we think will help you get more out of the Service.\n<b>The Web Clipper does not track or create a record of your browsing activity.</b>\n</p>\n<p>If you visit an Evernote website:</p>\n<strong>We collect</strong>\n<strong> Why we collect it </strong>\n<p>Your email address (if you provide it)</p>\n<ul>\n<li>To help you create an Evernote service account.</li>\n<li>To communicate with you.</li>\n</ul>\nTracking information <ul>\n<li>Please see our Cookie Information page</li>\n</ul> How does Evernote use my information?\n<p>We have specific rules for how and when we use the information we collect and receive.\nWe describe these below.</p>\n<b>What does Evernote do with my information?</b>\n<p>We are committed to protecting the privacy of your information.\nBelow, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service.\nto provide troubleshooting and customer support.\nto protect the Service for all our users.\nto contact you.\nand to administer Evernote Business accounts. </p>\n<ul>\n<li>We use a number of technologies to help you get the most out of the Service.\nOur systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content.\nThis may include, for example:</li>\n<ul>\n<li>Making sure you find what you’re looking for when you search your account.</li>\n<li>Showing you information most relevant to how you are or could be using the Service at a specific time or location.</li>\n<li>Suggesting actions for you to take based on information you’ve stored.</li>\n<li>Suggesting Evernote service features or products to you that we think will help you get the most out of our Service.</li>\n<li>For Evernote Business users, recommending people for you to collaborate with.</li>\n</ul>\n</ul>\n<ul>\n<li>To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described below.\n </li>\n<li>As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns.\nIf we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox.<br>Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption.</li>\n<li>In accordance with your communication preferences, we’ll occasionally contact you to announce new products and features we build for you, share tips for using Evernote to get more done, make special offers, and provide information about how Evernote works with products and services from our business partners.Learn MoreShow Less</li>\n</ul>\n<p>You may opt out of promotional communications at any time by following the opt-out or “unsubscribe” instructions provided in emails or by logging into your Evernote service account via our web site at www.evernote.com and going to Settings &gt.\nPersonal Settings &gt.\nContact Preferences to change your contact preferences.\nYou can also change your in-app notification preferences through your device settings.\nYou will continue to receive essential Service-related and account-related information (such as notification that your paid subscription is about to expire), even if you unsubscribe from promotional emails or turn off in-app notifications.\nEvernote Business users will also continue to receive a daily summary of activity associated with their Business account.</p>\n<p>Similarly, if we learn of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address, phone number or other contact information that you have provided to us or by posting a notice on our web site and/or via other communication platforms.\nDepending on where you live, you may have a legal right to receive such notices in writing.\n </p>\n<ul>\n<li>If you are an End User of an Evernote Business account, please note that the Account Holder of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account.\nAlso note that while an Administrator of an Evernote Business account has access to the End User accounts linked to that Evernote Business account, an Administrator cannot access an End User’s personal Evernote account.\nYou can find more information on how your personal Evernote service account works with your Evernote Business account here.</li>\n</ul>\n<p>\n<b>\n</b>\n</p>\n<p>\n<b>Would someone at Evernote ever view my Content?</b>\n</p>\n<p>You have control over who sees your Content.\nWe limit the use of your Content to make sure that no one at Evernote can view it unless you expressly give us permission or it’s necessary to comply with our legal obligations.\nSpecifically:</p>\n<ul>\n<li>To help refine or improve the technology, we may ask you for permission to review portions of your Content.\nFor example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions.\nSuch access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls.\nChoosing to give us such permission is completely voluntary.</li>\n<li>If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t find a note you believe should be in your account), we may ask for your temporary permission to look at your Content.\nThis permission terminates when the issue is resolved.Learn MoreShow Less</li>\n</ul>\n<p>If you send Evernote an error report and choose to attach application activity logs, please note that such logs may contain Content (for example, the title of a note or notebook).\nYou may edit Content out of your activity logs before you send them to us.</p>\n<ul>\n<li>If we become aware of a potential violation of our a Terms of Service or User Guidelines, we may suspend or close your account until the problematic material is removed.\nUnder such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person.</li>\n</ul>\n<p>\n</p>\n<p>To test and improve our product offerings for our users<b>, </b>we use aggregated data that does not contain any personal information, does not identify any person, and cannot be connected to any specific user.\nThis policy is not intended to apply to such anonymized/de-identified data.</p>\nHow does Evernote share or disclose my information?\n<p>Evernote is not in the business of selling or renting your information.\nHere are instances when we may disclose your information — and then only the minimum information necessary:</p>\n<ul>\n<li>We share your information with Service Providers who process data on our behalf, such as credit card processors and customer management systems.\nFor example, these Service Providers help us:</li>\n<ul>\n<li>Operate, develop, and improve the features and functionality of the Service</li>\n<li>Complete your payment transactions</li>\n<li>Fulfill your sales and support requests</li>\n<li>Communicate with you as described elsewhere in this policy</li>\n</ul>\n</ul>\n<p>\n</p>\n<p>We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards, the European Union's General Data Protection Regulation (\"GDPR\"), and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below.\nYou can view the vendors we use to help us provide the Service on our Vendors page.</p>\n<p>We do not share your information with any third parties for their own advertising purposes.Learn MoreShow Less</p>\n<p>Examples of our service providers include PayPal and Adyen for processing payments from our paid users, Salesforce for helping us with our email communications and Evernote Business sales outreach, and analytics providers like Google Analytics.\nOther service providers include resellers that we work with to help distribute Evernote.\nIf you purchase a Paid Service from a reseller instead of directly from Evernote, we may need to share limited information with the reseller to ensure accuracy in payment, account management, and delivery of services to you.</p>\n<ul>\n<li>Your Content is private unless you decide you want to share it.\nYou may choose to share using public links or through any of the Service’s features that allow you to share or collaborate on Content (“Collaboration Features”).\nIf you choose to share, we may need to take steps to facilitate your collaboration.  Learn MoreShow Less</li>\n</ul>\n<p>There are features in Evernote that allow you to publish and share some of your notes and notebooks publicly, but these are optional.\nAny information that you post in these locations, or in our user forum, can be read, collected, and used by anyone and could enable others to send you unsolicited messages.\nEvernote enables you to determine whether to post personal or otherwise sensitive information to publicly accessible areas of our site, so you should carefully consider how you use the Service.\nEvernote is not responsible for any publication or use of any information you choose to post in these locations.</p>\n<p>When you use Collaboration Features, people you share with may see your user profile.</p>\n<ul>\n<li>If you have not added any profile information, then you will be identified by the email address associated with your Evernote service account.</li>\n<li>If you are an Evernote Business user, other members of your Evernote Business account will see your full Evernote Business account profile.\nEvernote service users who are not in your Evernote Business account will only see your profile name and image. </li>\n</ul>\n<p>In addition, when you use Collaboration Features, the information you share is no longer private to you.\nFor example, by publishing or sharing any portion of your Content, you may be enabling each recipient of the shared material to access, use, display, perform, distribute, and modify that material.\nIn addition, Evernote enables you to use a variety of third-party services and applications that interact with the Service, and you should review the access rights you provide to those services or applications, as you may enable them to access or extract your Content through your agreements with those parties.\nMore information on the nature of these permissions may be found on our Third Party App Permissions page<u>.</u>\n</p>\n<p>Depending on the permission levels you set when sharing Content, anyone who has access to the shared material may be able to see the Content, information about where and when the Content was created, as well as the note history, tags, and reminders associated with a particular note.</p>\n<ul>\n<li>In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal.\n </li>\n<li>As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you.\nWe do not use your Content for these purposes.\nIn addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms.\nWe may, for instance, participate in the Google Adwords Remarketing, Twitter Tailored Audience and Facebook Custom Audience services.\nTo learn more about the privacy controls that Google, Twitter and Facebook offer and honor for those respective services, please visit here for Google, here for Twitter, and here for Facebook.\nYou may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page.</li>\n<li>We also may share information about you with third parties whenever you consent to or direct such sharing.\nThis includes, for example, if you connect your Evernote account with a third-party app in our App Center.Learn MoreShow Less</li>\n</ul>\n<p>Evernote works with a number of third-party applications and services.\nIn some cases, Evernote will partner with another company to provide an integration.\nIn addition, in our App Center, you can find a number of third-party applications and services that work with Evernote.\nIf you connect your Evernote account to these third-party services, you may be giving the partner access to some or all of your data, including, in some cases, your Content.</p>\n<p>Providing such access is entirely voluntary, and you’ll receive notice and must consent before such access is granted.\nYou’ll always be able to check which applications or services are authorized to access your account by visiting the applications page in your account.\nYou’ll also be able to turn off access from connected applications and services whenever you want.</p>\n<p>Please consider your selection of such applications and services, and your permissions, carefully.\nWe encourage you to review each party’s contract terms and privacy policy.\nTo learn more about third-party applications and what data they may access, visit our Third Party Application Permissions page.</p> How does Evernote respond to legal requests for my information?\n<p>We vigilantly protect the privacy of your account.\nWe will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests.\nThis may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process.</p>\n<p>We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent.\nIn accordance with our user notice policy, we will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad.\nYou can find more information in our current Transparency Report.</p>\n<p>In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations.</p>\nHow can I manage my information stored in Evernote?\n<p>Consistent with our first law of data protection—your data is yours—in most cases, you can manage your information simply by logging into your account and editing your information directly within the Evernote service.</p>\n<p>However, if you prefer, you can contact us at compliance@evernote.com to ask us to provide access to, correct, update, or delete your personal information.\nPlease note that we may ask you for proof of account ownership and/or identity before fulfilling your request.\nWe will comply with such requests to the extent required by applicable law or the US-Swiss Privacy Shield and US-EU Privacy Shield.</p>\n<p>\n<strong>A Note for our European Users about our Data Processing Grounds and Data Access Rights</strong>\n</p>\n<p>The European Union's GDPR requires that we provide notice in a specific way to our European users about their privacy rights.\nWe process Account Holder or End User personal information on one of three grounds, depending on the circumstances: (i) your affirmative consent, in which case you will have the right to withdraw consent at any time.\n(ii) contractual necessity.\nor (iii) our legitimate interest in providing the Service.\nIn addition, we are required to list the data access right available to all users in a specific way.</p>\n<p>Learn MoreShow Less</p>\n<b>YOUR RIGHTS</b>\n<strong>WHAT DOES IT MEAN FOR YOU?</strong>\nRight to access <ul>\n<li>You can request Evernote to provide you with information on how we collect, use, and store your personal information, including provide you with a copy of your personal information we store in Evernote.</li>\n</ul>\nRight of rectification <ul>\n<li>You can request that we correct certain inaccurate information if you are no longer using the Service.\nFor more information, see the section: \"What happens if I want to stop using Evernote?\"</li>\n</ul>\nRight to data portability <ul>\n<li>You can export your information from Evernote to a competing service.\nSee our Third Law of Data Protection for more information.</li>\n</ul>\n<p>Right to object </p>\n<p>\n</p>\n<ul>\n<li>You can object to the processing of your information in certain cases, as well as request that Evernote not use your personal information for direct marketing purposes.\nDirect marketing includes emails which help us keep you informed about the latest improvements to our Service.\nSee our Help and Learning page on opting-out for more information.</li>\n</ul>\n<p>\n<b>How long does Evernote store my information?</b>\n</p>\n<p>Evernote's mission is to help you remember everything important in your life.\nIn order to do that, we make the Content you store in Evernote readily accessible to you, until you make the decision to delete it.</p>\n<p>If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service.\nThe Evernote service’s back-up systems may retain residual copies of your deleted Content for up to one year due to the nature of those systems’ operations.</p>\n<p>Evernote provides you with features that allow you to communicate and collaborate with other users.\nPlease note that deleting your copy of these communications (such as messages) won't delete copies existing in the accounts of people you were interacting with.</p>\n<p>For users who are inactive for extended periods of time, we may close your account to satisfy our obligations under applicable law, and in accordance with our data retention policy.\nIf that happens, we will try to notify you before taking any action.</p>\n<p>\n<strong>What happens if I want to stop using Evernote?</strong>\n</p>\n<p>As described above, you can delete your Content at any time, and you can stop using the Evernote service at any time.\nAnd as we promise in our third law of data protection, your data is portable.\nYou can export your notes at any time, as explained here.</p>\n<p>\n</p>\n<p>\n<strong>What happens if Evernote closes my account?</strong>\n</p>\n<p>If Evernote deactivates your account due to a TOS violation, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations.</p>\nWhere does Evernote store my information?\n<p>When you use Evernote Software on your computing device, such as by using one of our downloadable applications, some of your data will be stored locally on that device.</p>\n<p>When you sync your computing device with the Service, that data will be replicated on servers maintained in the United States.\nThis means that if you store information in or submit data to the Evernote website or Evernote Software and sync such Evernote Software with the Evernote service, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States.</p>\n<p>Data privacy laws or regulations in your home country may differ from, or be more protective than, those in the United States.\nWe will collect, store, and use your personal information in accordance with this Privacy Policy and applicable laws, wherever it is processed.</p>\n<p>\n<strong>Which Evernote company is my data controller?</strong>\n</p>\n<p>If you live in Brazil, your data controller is Evernote do Brasil Serviços de Aplicaçōes Ltda.\n(“Evernote Brasil”).\nIf you live in the United States and Canada, your data controller is Evernote Corporation (headquartered in California).\nIf you live anywhere else, your data controller is Switzerland-based Evernote GmbH.</p>\nHow does Evernote comply with data transfer rules?\n<p>If you are a resident of the European Economic Area (“EEA”) or Switzerland, please note that we use standard contractual clauses approved by the European Commission to transfer your personal Information from the EEA or Switzerland to the United States and other countries.</p>\n<p>In addition, Evernote Corporation has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S.\nDepartment of Commerce regarding the collection, use, and retention of personal information from EU member countries and Switzerland.Learn MoreShow Less</p>\n<p>The following statements apply to both the personal information Evernote Corporation receives from individuals or data controllers in the European Union and Switzerland, and the procedures discussed may be used by individuals from the EU and Switzerland.</p>\n<p>The Evernote Corporation has certified that in respect of all personal information it receives from the European Union and Switzerland in reliance on the Shield, it will adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity &amp.\nPurpose Limitation, Access, and Recourse, Enforcement and Liability.\nTo access the Privacy Shield List and to find details of our certification, please visit: https://www.privacyshield.gov/list.</p>\n<p>If we ever need to use your personal information for a purpose that is materially different to the purposes we collected it for or that you later authorize, we will notify you and provide you with the opportunity to opt-out.</p>\n<p>Under the Privacy Shield, Evernote Corporation will remain liable if its third-party service providers process your personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.</p>\n<p>Residents of the European Union or Switzerland who believe that their personal information has not been processed in compliance with the Privacy Shield Principles may raise their complaint in the following ways:</p>\n<ol>\n<li>\n<p>You can contact Evernote Corporation directly using the details in the \"How can I contact Evernote?\" section in our Privacy Policy.\nWe will respond to your complaint within 45 days of receipt.</p>\n</li>\n<li>\n<p>We have further committed to refer unresolved privacy complaints under the Privacy Shield to JAMS, an alternative dispute resolution provider located in the United States.\nIf you do not receive a timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information about the scheme.\nThis JAMS service will be provided to complainants free of charge.\nTo file a complaint directly with JAMS, go here: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim</p>\n</li>\n<li>\n<p>For residual disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions.\nTo find out more about the Privacy Shield's binding arbitration scheme, please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.</p>\n</li>\n</ol>\n<p>You may have the right to access personal information that we hold about you and request that we correct, amend, or delete it if it is inaccurate or processed in violation of Privacy Shield.\nPlease contact us, as provided above, to make such a request and we will consider it in accordance with the Privacy Shield's Principles.</p>\n<p>The Federal Trade Commission has investigation and enforcement authority over our compliance with the Privacy Shield.</p>\n<p>Please note that we may disclose personal information to respond to subpoenas, court orders, legal process, or government requests (including in response to public authorities to meet national security or law enforcement requirements).</p>\n<p>\n</p>\n<p>\n<b>How can I contact Evernote?</b>\n</p>\n<p>Evernote welcomes your feedback regarding this Privacy Policy.\nIf you have questions, comments or concerns about this Policy, please contact us by email at privacy@evernote.com or postal mail at:</p>\n<p>EVERNOTE CORPORATION<br>305 Walnut Street<br>Redwood City, California 94063 USA<br>Attention: Privacy Team</p>\n<p>EVERNOTE GMBH<br>Walchestrasse 9<br>8006 Zurich, Switzerland<br>Attention: Privacy Team</p>\n<p>EVERNOTE DO BRASIL SERVIÇOS DE APLICAÇÕES LTDA.<br> Avenida Paulista, no 2.300<br> Andar Pilotis<br> Edifício São Luís Gonzaga<br> CEP: 01310-300 São Paulo/SP <br> Brasil<br>Attention: Privacy Team</p>\nGLOSSARY\n<ul>\n<li>\n<strong>Account Holder</strong> means the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement.</li>\n<li>\n<strong>Collaboration Features</strong> means any of the Service’s features that allow you to share or collaborate on Content.</li>\n<li>\n<strong>Content</strong> means the text, images, and other data you choose to input, upload, and store in Evernote. </li>\n<li>\n<strong>End User</strong> means the individual who uses an account on the Evernote service.</li>\n<li>\n<strong>Evernote</strong> (or sometimes “we” or “us”) means Evernote Corporation and its affiliated companies that also act as data controllers: Evernote GmbH and Evernote Do Brasil Servicos de Aplicaçōes Ltda.</li>\n<li>\n<strong>Evernote Service</strong> means the Evernote Software (as defined below) and other products, services and websites hosted or made available by Evernote, including our downloadable applications, App Center, User Forum, and Help &amp.\nLearning pages.</li>\n<li>\n<strong>Evernote Software</strong> means the software hosted on Evernote’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable or Evernote Web Clipper or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device</li>\n<li>\n<strong>Group Companies</strong> means Evernote Corporation and its wholly owned subsidiaries, which include Evernote GmbH and Evernote do Brasil Serviços de Aplicaçōes Ltda.</li>\n<li>\n<strong>Paid Service</strong> means Evernote Plus, Evernote Premium, Evernote Business, and any other Evernote offering for which we collect payment (in the form of currency, Evernote points, coupon codes).</li>\n</ul>\n<p>\n</p>\n<p>\n</p>\n<p>\n</p>\n<p>\n</p>\n<p>In the event of a conflict, the English language version shall govern. </p> \n" created_at: - - &1 2018-07-17 10:12:00.701418857 Z updated_at: - - *1 service_id: - - 207 reviewed: - - true
someone: 17/07/18 - 10:12
--- id: - - 240 name: - - Privacy Policy url: - - https://duckduckgo.com/privacy xpath: - - "//div[@id='content_wrapper']" text: - - " We don't collect or share personal information.\nThat's our privacy policy in a nutshell.\nAdd DuckDuckGo to Firefox <p>\n<b>DuckDuckGo does not collect or share personal information.</b> That is our privacy policy in a nutshell.\nThe rest of this page tries to explain why you should care.</p>\n<ul>\n<li>Why You Should Care - Search Leakage</li>\n<li>Why You Should Care - Search History</li>\n<li>Information Not Collected</li>\n<li>Information Collected</li>\n<li>Information Shared</li>\n</ul>\n<ul>\n<li>Last updated on 04/11/12.\nRemoved \", which gets sent to my personal email.\" in last paragraph as our feedback is now handled by multiple team members via desk.com.</li>\n<li>Before that, on 03/11/12.\nRemoved dead link (Scroogle) and added a missing 'to'.</li>\n<li>Before that, on 11/16/10.\nThis paragraph was added.</li>\n<li>Before that, on 9/25/10.\nThis paragraph was added.</li>\n<li>Before that, on 9/16/10.\nThis paragraph was added.</li>\n</ul>\nWhy You Should Care Search Leakage   [top] <p>At other search engines, when you do a search and then click on a link, your search terms are sent to that site you clicked on (in the HTTP referrer header).\nWe call this sharing of personal information \"search leakage.\"</p>\n<p>For example, when you search for something private, you are sharing that private search not only with your search engine, but also with all the sites that you clicked on (for that search).</p>\n<p>In addition, when you visit <i>any</i> site, your computer automatically sends information about it to that site (including your User agent and IP address).\nThis information can often be used to identify you directly.</p>\n<p>So when you do that private search, not only can those other sites know your search terms, but they can also know that <i>you</i> searched it.\nIt is this combination of available information about you that raises privacy concerns.</p>\n<p>DuckDuckGo prevents search leakage by default.\nInstead, when you click on a link on our site, we route (redirect) that request in such a way so that it does not send your search terms to other sites.\nThe other sites will still know that you visited them, but they will not know what search you entered beforehand.</p>\n<p>At some other search engines (including us), you can also use an encrypted version (HTTPS), which as a byproduct doesn't usually send your search terms to sites.\nHowever, it is slower to connect to these versions and if you click on a site that also uses HTTPS then your search is sent.\nNevertheless, the encrypted version does protect your search from being leaked onto the computers it travels on between you and us.</p>\n<p>At DuckDuckGo, our encrypted version goes even further and automatically changes links from a number of major Web sites to point to the encrypted versions of those sites.\nIt is modeled after (and uses code from) the HTTPS Everywhere FireFox add-on.\nThese sites include Wikipedia, Facebook, Twitter, and Amazon to name a few.</p>\n<p>Another way to prevent search leakage is by using something called a POST request, which has the effect of not showing your search in your browser, and, as a consequence, does not send it to other sites.\nYou can turn on POST requests on our settings page, but it has its own issues.\nPOST requests usually break browser back buttons, and they make it impossible for you to easily share your search by copying and pasting it out of your Web browser's address bar.</p>\n<p>Finally, if you want to prevent sites from knowing you visited them at all, you can use a proxy like Tor.\nDuckDuckGo actually operates a Tor exit enclave, which means you can get end to end anonymous and encrypted searching using Tor &amp.\nDDG together.</p>\n<p>You can enter !proxy domain into DuckDuckGo as well, and we will route you through a proxy, e.g.\n!proxy breadpig.com.\nThis feature is part of our !bang syntax.\nUnfortunately, proxies can also be slow, and free proxies (like the one we use) are funded by arguably excessive advertising.</p>\n<p>Because of these drawbacks in HTTPS, POST and proxies we decided to take the redirect approach to combat search leakage.\nHowever, we leave the choice up to you.\nYou can deviate from the default on our settings page by toggling the redirect or address bar settings.\nYou can also use our encrypted version.</p> Search History   [top] <p>Other search engines save your search history.\nUsually your searches are saved along with the date and time of the search, some information about your computer (e.g.\nyour IP address, User agent and often a unique identifier stored in a browser cookie), and if you are logged in, your account information (e.g.\nname and email address).</p>\n<p>With only the timestamp and computer information, your searches can often be traced directly to you.\nWith the additional account information, they <i>are</i> associated directly with you.</p>\n<p>Also, note that with this information your searches can be tied together.\nThis means someone can see everything you've been searching, not just one isolated search.\nYou can usually find out a lot about a person from their search history.</p>\n<p>It's sort of creepy that people at search engines can see all this info about you, but that is not the main concern.\nThe main concern is when they either a) release it to the public or b) give it to law enforcement.</p>\n<p>Why would they release it to the public? AOL famously released supposedly anonymous search terms for research purposes, except they didn't do a good job of making them completely anonymous, and they were ultimately sued over it.\nIn fact, almost every attempt to anonymize data has similarly been later found out to be much less anonymous than initially thought.</p>\n<p>The other way to release it to the public is by accident.\nSearch engines could lose data, or get hacked, or accidentally expose data due to security holes or incompetence, all of which has happened with personal information on the Internet.\n</p>\n<p>Why would search engines give your search history to law enforcement? Simply because law enforcement asked for it, usually as part of a legal investigation.\nIf you read privacy policies and terms of service carefully you will notice that they say they can give your information on court order.\n</p>\n<p>This makes sense because they may be legally obligated to do so.\nHowever, search engines are not legally obligated to collect personal information in the first place.\nThey do it on their own volition.</p>\n<p>The bottom line is if search engines have your information, it could get out, even if they have the best intentions.\nAnd this information (your search history) can be pretty personal.</p>\n<p>For these reasons, DuckDuckGo takes the approach to not collect any personal information.\nThe decisions of whether and how to comply with law enforcement requests, whether and how to anonymize data, and how to best protect your information from hackers are out of our hands.\nYour search history is safe with us because it cannot be tied to you in any way.</p> Information Information Not Collected   [top] <p>When you search at DuckDuckGo, we don't know who you are and there is no way to tie your searches together.</p>\n<p>When you access DuckDuckGo (or any Web site), your Web browser\nautomatically sends information about your computer, e.g.\nyour User agent and IP address.</p>\n<p>Because this information could be used to link you to your\nsearches, we do not log (store) it at all.\nThis is a very unusual practice, but we feel it is an important step to protect your privacy.</p>\n<p>It is unusual for a few reasons.\nFirst, most server software auto-stores this information, so you have to go out of your way not to store it.\nSecond, most businesses want to keep as much information as possible because they don't know when it will be useful.\nThird, many search engines actively use this information, for example to show you more targeted advertising.</p>\n<p>Another way that your searches are often tied together at other search engines are through browser cookies, which are pieces of information that sit on your computer and get sent to the search engine on each request.\nWhat search engines often do is store a unique identifier in your browser and then associate that identifier with your searches.\nAt DuckDuckGo, no cookies are used by default.\n</p>\n<p>In response to efforts by the EFF and others, the major search engines have begun \"anonymizing\" their search log data after periods of time.\nSure, this is better than not doing so, but you should note that this does not make your search history anonymous in the same way that it is at DuckDuckGo.\n</p>\n<p>What search engines generally do when they anonymize data is get rid of part of your IP address or turn it into something that doesn't look exactly like an IP address.\nAnd they do the same thing for uniquely identifying cookies.</p>\n<p>However, in many cases, this so-called anonymous data can still tie your searches together, which can be used to reconstruct who you are and what you searched for.\nAdditionally, search engines usually are silent on what they do with the User agent, which has been shown to also have enough information to often be personally identifiable, especially if isolated to a particular search session (day).</p> Information Collected   [top] <p>At DuckDuckGo, no cookies are used by default.\nIf you have changed any settings, then cookies are used to store those changes.\nHowever, in that case, they are not stored in a personally identifiable way.\nFor example, the large size setting is stored as 's=l'.\nno unique identifier is in there.\nFurthermore, if you prefer not to use cookies to store settings, you can use URL parameters instead.</p>\n<p>Additionally, if you use our !bang syntax/dropdown, which bangs you use are stored in a cookie so that we can list your most frequently used ones on top of the !bang dropdown box.\nJust like the other settings, this information is not saved on our servers at all, but resides solely on your computer.\nThere is also a setting to turn this off, which you can also set via a URL parameter.\nParticular searches are of course not stored.\nAn example cookie might look like: php=2&amp;yelp=19&amp;java=4.</p>\n<p>We also save searches, but again, not in a personally identifiable way, as we do not store IP addresses or unique User agent strings.\nWe use aggregate, non-personal search data to improve things like misspellings.</p>\n<p>Similarly, we may add an affiliate code to some eCommerce sites (e.g.\nAmazon &amp.\neBay) that results in small commissions being paid back to DuckDuckGo when you make purchases at those sites.\nWe do not use any third parties to do the code insertion, and we do not work with any sites that share personally identifiable information (e.g.\nname, address, etc.) via their affiliate programs.\nThis means that no information is shared from DuckDuckGo to the sites, and the only information that is collected from this process is product information, which is not tied to any particular user and which we do not save or store on our end.\nIt is completely analogous to the search result case from the previous paragraph--we can see anonymous product info such that we cannot tie them to any particular person (or even tie multiple purchases together).\nThis whole affiliate process is an attempt to keep advertising to a minimal level on DuckDuckGo.</p>\n<p>Finally, if you give us feedback, it may be stored in our email.\nHowever, you can give anonymous feedback (by not entering your email or other personal info on the feedback form).</p> Information Shared   [top] <p>If you turn redirects off in the settings and you don't either turn POST on or use our encrypted site, then your search could leak to sites you click on.\nYet as explained above, this does not happen by default.</p>\n<p>Also, like anyone else, we will comply with court ordered legal requests.\nHowever, in our case, we don't expect any because there is nothing useful to give them since we don't collect any personal information.</p> Other Other Search Engines   [top] <p>If you care about search privacy, you might also want to check out these other search engines that take it seriously by default.</p>\n<ul>\n<li>Ixquick [privacy policy]</li>\n</ul>\n<p>Each does things a bit differently in terms of privacy and very differently in terms of results.\nAnd not all go as far as DuckDuckGo in some aspects.\nHowever, none store your personal information by default, which make them all pretty safe in our opinion.</p> Updates   [top] <p>If this policy is substantively updated,\nwe will update the text of this page and provide notice to you\nat https://duckduckgo.com/about by\nwriting '(Updated)' in red next to the link to this page (in the footer) for a period\nof at least 30 days.\n</p>Feedback   [top] <p>I\n(Gabriel\nWeinberg) am the founder of Duck Duck Go and personally wrote this\nprivacy policy.\nIf you have any questions or concerns,\nplease submit\nfeedback.</p> Add DuckDuckGo to Firefox <p>© DuckDuckGo.  The search engine that doesn't track you.\n</p> \n" created_at: - - &1 2018-07-17 10:12:00.662278944 Z updated_at: - - *1 service_id: - - 222 reviewed: - - true
someone: 17/07/18 - 10:12
--- id: - - 239 name: - - Terms of Service url: - - https://www.facebook.com/legal/terms xpath: - - "//div[@id='content']" text: - - "Plain Text Terms of Service 1.\nOur Services Provide a personalized experience for you:Connect you with people and organizations you care about:Empower you to express yourself and communicate about what matters to you:Help you discover content, products, and services that may interest you:Combat harmful conduct and protect and support our community:Use and develop advanced technologies to provide safe and functional services for everyone:Research ways to make our services better:Provide consistent and seamless experiences across the Facebook Company Products:Enable global access to our services: 2.\nOur Data Policy and Your Privacy Choices 3.\nYour Commitments to Facebook and Our Community 1.\nWho can use Facebook2.\nWhat you can share and do on Facebook3.\nThe permissions you give us4.\nLimits on using our intellectual property 4.\nAdditional provisions 1.\nUpdating our Terms2.\nAccount suspension or termination3.\nLimits on liability4.\nDisputes5.\nOther 5.\nOther terms and policies that may apply to you <i>\n</i> Facebook Ads Controls <i>\n</i> Privacy Basics <i>\n</i> Cookies Policy <i>\n</i> Data Policy <i>\n</i> More Resources <ul>\n<li> View a printable version of the Terms of Service </li>\n</ul>Terms of Service<br>\n<br> Welcome to Facebook! <br>\n<br> These Terms govern your use of Facebook and the products, features, apps, services, technologies, and software we offer (the Facebook Products or <u>Products</u>), except where we expressly state that separate terms (and not these) apply.\nReturn to top 1.\nOur Services Our mission is to give people the power to build community and bring the world closer together.\nTo help advance this mission, we provide the Products and services described below to you: Provide a personalized experience for you: Your experience on Facebook is unlike anyone else's: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Pages you follow and other features you might use, such as Trending, Marketplace, and search.\nWe use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.\nConnect you with people and organizations you care about: We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Facebook Products you use.\nWe use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch, and people you may want to become friends with.\nStronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.\nEmpower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Facebook and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the Facebook Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile.\nWe also have developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Facebook.\nHelp you discover content, products, and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Facebook and other Facebook Products.\nOur partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else you see on our Products.\nCombat harmful conduct and protect and support our community: People will only build community on Facebook if they feel safe.\nWe employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community.\nIf we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.\nWe share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products.\nUse and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location.\nFor example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Facebook or Instagram.\nWe also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access.\nAnd we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.\nResearch ways to make our services better: We engage in research and collaborate with others to improve our Products.\nOne way we do this is by analyzing the data we have and understanding how people use our Products.\nYou can learn more about some of our research efforts.\nProvide consistent and seamless experiences across the Facebook Company Products: Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you.\nWe design our systems so that your experience is consistent and seamless across the different Facebook Company Products that you use.\nFor example, we use data about the people you engage with on Facebook to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with a business you follow on Facebook through Messenger.\nEnable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence.\nThis infrastructure may be operated or controlled by Facebook, Inc., Facebook Ireland Limited, or its affiliates.\nReturn to top 2.\nOur Data Policy and Your Privacy Choices To provide these services, we must collect and use your personal data.\nWe detail our practices in the Data Policy, which you must agree to in order to use our Products.\nWe also encourage you to review the privacy choices you have in your settings.\nReturn to top 3.\nYour Commitments to Facebook and Our Community We provide these services to you and others to help advance our mission.\nIn exchange, we need you to make the following commitments: 1.\nWho can use Facebook When people stand behind their opinions and actions, our community is safer and more accountable.\nFor that reason, you must: <ul>\n<li>Use the same name that you use in everyday life.</li>\n<li>Provide accurate information about yourself.</li>\n<li>Create only one account (your own) and use your timeline for personal purposes.</li>\n<li>Not share your password, give access to your Facebook account to others, or transfer your account to anyone else (without our permission).</li>\n</ul> We try to make Facebook broadly available to everyone, but you cannot use Facebook if: <ul>\n<li>You are under 13 years old.</li>\n<li>You are a convicted sex offender.</li>\n<li>We previously disabled your account for violations of our terms or policies.</li>\n<li>You are prohibited from receiving our products, services, or software under applicable laws.</li>\n</ul>2.\nWhat you can share and do on Facebook We want people to use Facebook to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community.\nYou therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): <ol>\n<li>You may not use our Products to do or share anything: <ul>\n<li>That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Facebook.</li>\n<li>That is unlawful, misleading, discriminatory or fraudulent.</li>\n<li>That infringes or violates someone else's rights.</li>\n</ul>\n</li>\n<li>You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.</li>\n<li>You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.</li>\n</ol> We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below.\nWe may also disable your account if you repeatedly infringe other people's intellectual property rights.\nTo help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.\n3.\nThe permissions you give us We need certain permissions from you to provide our services: <br>\n<ol>\n<li>\n<u>Permission to use content you create and share:</u> You own the content you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights you have to your own content.\nYou are free to share your content with anyone else, wherever you want.\nTo provide our services, though, we need you to give us some legal permissions to use that content.\nSpecifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).\nThis means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.\nYou can end this license any time by deleting your content or account.\nYou should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users).\nIn addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.</li>\n<li>\n<u>Permission to use your name, profile picture, and information about your actions with ads and sponsored content:</u> You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.\nFor example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Facebook.\nAds like this can be seen only by people who have your permission to see the actions you've taken on Facebook.\nYou can learn more about your ad settings and preferences.\nIf you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.\n(This language is in