By using the Site or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Jenna Tracy Events.
In addition, certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, 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, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
IF YOU CHOOSE TO CREATE A LISTING ON Jenna Tracy Events, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH Jenna Tracy Events IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF Jenna Tracy Events FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Jenna Tracy Events. Jenna Tracy Events DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF Jenna Tracy Events, INCLUDING BY INAPPROPRIATELY USING ANY Jenna Tracy Events INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If 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.
Jenna Tracy Events reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
For users in the United States, Jenna Tracy Events may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Jenna Tracy Events’s vendors.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of Properties. Such Properties are included in Listings on the Site and Services. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Property or create a Listing, you must first register to create a Jenna Tracy Events Account (defined below).
As stated above, Jenna Tracy Events makes available an online platform or marketplace with related technology for Renters to meet online and arrange for bookings of Properties directly with each other. Jenna Tracy Events is not an owner or operator of properties, nor is it a provider of properties, and Jenna Tracy Events does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the Jenna Tracy Events platform, Jenna Tracy Events’s responsibilities are limited to facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE AND RENTERS CONNECTING AND BOOKING PROPERTIES DIRECTLY WITH EACH OTHER. Jenna Tracy Events CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. Jenna Tracy Events IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and to book a Property or create a Listing, you must register to create an account (“Jenna Tracy Events Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Jenna Tracy Events Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Jenna Tracy Events through the Site or Services; or (ii) allowing Jenna Tracy Events to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Jenna Tracy Events and/or grant Jenna Tracy Events 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 Jenna Tracy Events to pay any fees or making Jenna Tracy Events subject to any usage limitations imposed by such third-party service providers. By granting Jenna Tracy Events access to any Third-Party Accounts, you understand that Jenna Tracy Events will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Jenna Tracy Events Account and Jenna Tracy Events Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending 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 Jenna Tracy Events Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Jenna Tracy Events’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 and Services. You have the ability to disable the connection between your Jenna Tracy Events Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE 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. Jenna Tracy Events makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Jenna Tracy Events is not responsible for any SNS Content.
Your Jenna Tracy Events Account and your Jenna Tracy Events Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Jenna Tracy Events Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Jenna Tracy Events reserves the right to suspend or terminate your Jenna Tracy Events Account and your access to the Site and Services if you create more than one (1) Jenna Tracy Events Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Jenna Tracy Events Account, whether or not you have authorized such activities or actions. You will immediately notify Jenna Tracy Events of any unauthorized use of your Jenna Tracy Events Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to, the property, capacity, size, features, and availability of the Property and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Properties must have valid physical addresses. Listings will be made publicly available via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter preferences, ratings and/or ease of booking.
Other Members will be able to book your Property via the Site and Services based upon the information provided in your Listing, your Renter requirements, and Renters’ search parameters and preferences. You understand and agree that once a Renter requests a booking of your Property, you may not request the Renter to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter’s stay at, a Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as property owners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Jenna Tracy Events assumes no responsibility for a compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Jenna Tracy Events reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Jenna Tracy Events, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are, you understand and agree that Jenna Tracy Events does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Property and stays at your Property, any agreement you enter into with such Renter is between you and the Renter and Jenna Tracy Events is not a party to it.
If you are, Jenna Tracy Events makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Property. You acknowledge and agree that, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Property, if applicable.)
Jenna Tracy Events may offer the option of having photographers take photographs of their Properties. If you as a choose to have photographer do this, Jenna Tracy Events shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “www.jennatracyevents.com Verified Photo” or similar wording (“Verified Images”). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Jenna Tracy Events Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Jenna Tracy Events. If your Jenna Tracy Events Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Jenna Tracy Events retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Jenna Tracy Events does not endorse any Member, Listing or Property. You understand that Verified Images are intended only to indicate a photographic representation of the Property at the time the photograph was taken. Verified Images are therefore not an endorsement by Jenna Tracy Events of any Member, Listing or Property.
Members are required by these Terms to provide accurate information. Although Jenna Tracy Events may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a Jenna Tracy Events Account, you agree that Jenna Tracy Events may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Jenna Tracy Events about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with to accept or preapprove a booking request from a Renter, or to have any other interaction with any other Member. Jenna Tracy Events is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site 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. You agree not to attempt to impose liability on or seek any legal remedy from Jenna Tracy Events with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by against Jenna Tracy Events regarding the remittance of payments received from a Renter by Jenna Tracy Events on behalf of, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.