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WSJ.com/Real Estate Vacation Rentals Terms of Use

 

  1. GENERAL
    By using or accessing WSJ.com/RealEstate (the “Site”), you agree that your use of, and access to, the Site, is subject to the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, then we do not authorize you to use or access the Site.

    Dow Jones may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes.You understand and agree that Dow Jones may discontinue or change the Site at any time, without notice.

    You also understand and agree that Dow Jones may discontinue or restrict your use of the Site for any reason without notice.

  2. PRIVACY AND USE OF INFORMATION
    Please visit our Privacy Policy, which also governs your use of the Site, to understand how we collect and use information about you. If you are outside the United States, you understand and agree that by providing the Site any information about yourself, you are consenting to the transfer of that information to the United States.

  3. COPYRIGHT AND LIMITATIONS ON USE
    The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Site is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws.

    Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content available through the the Site to anyone, with the following two exceptions:

    (i) You may occasionally distribute a copy of an article or a Listing (defined below), or a portion of an article or Listing (defined below), from the Site in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Site, original source attribution, and the phrase "Used with permission from WSJ.com/RealEstate"

    (ii) You may use the email or other services provided on our Site to email or otherwise share an article from the Site with others.

    You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display the Content (including, without limitation, headines or Listings) for use on another web site or service. You agree not to use the Site for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site if, in our opinion, your use of the Site may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

  4. LISTINGS
  5. The Site provides the ability to post or review listings for the sale of real estate, the lease of real estate or the rental of vacation and other properties (the “Listings”). Certain charges may apply to post Listings, which are displayed when you post the Listing. If you are charged per Listing, you agree only to display information for one property or rental in your Listing.

     

    If you are posting or transmitting a Listing or other content to the Site, you agree not to post or transmit any Listing or content:

    • That is unrelated to the appropriate subject matter (e.g., if you are submitting a Listing to a vacation rental area, you will not submit a listing for the sale of real estate);
    • That is misleading or which you know or have reason to know is inaccurate or incomplete;
    • That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • That you do not have a right to post and transmit under any law or under contractual relationships;
    • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • Includes, downloads, or directs a user to software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • That intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

     

    We reserve the right to remove any Listing that does not comply with this Agreement or that is otherwise inappropriate without notice.

     

    The Site acts as a venue only with respect to the transactions relating to these Listings. We are not brokers and are not parties to, nor responsible for any Listing or related transactions. We do not screen or censor any Listing nor have we confirmed the accuracy, safety, availability, legality or existence of a particular Listing.

     

    By posting or transmitting Content to the Site, you grant, and you represent and warrant that you have the right to post such listing and if you are an agent acting on behalf of the owner or other principal, that you are authorized to act on behalf of such owner or principal with respect to the Listing. You are also grant to Dow Jones and its affiliates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Listings and other content you post or transmit and to prepare derivative works of, or incorporate into other works, such Listings and other content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

  6. LINKS TO THIRD PARTY SITES
    The Site contains hyperlinks to web sites operated by persons other than Dow Jones. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Dow Jones responsible for the content or operation of such web sites. A hyperlink from the Site to another web site does not imply or mean that Dow Jones endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Site.

    If you wish to make purchases from an area of the Site or a "co-branded" web site operated by a person other than Dow Jones ("a Third Party Site"), you may be asked by the merchant or operator of the Co- Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other purchase mechanism information. You agree not to hold Dow Jones liable for any loss or damage of any sort incurred as a result of such dealings with any Third Party Site or merchant or operator of the Third Party Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Third Party Site will contain a description of the site’s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

  7. DISCLAIMER OF WARRANTIES AND LIABILITIES
    DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AVAILABLE THROUGH THE SITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. DOW JONES AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE DOW JONES PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DOW JONES PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

  8. GENERAL.
    This Agreement contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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