Terms of Use

Welcome to Gay-ville, a platform to find or offer law-cost gay-friendly accommodations for the gay tourist.  These Terms of Use (the "Terms") governs your relationship with DragonStack UK Ltd., DBA Gay-Ville ("Gay-ville" or "we"), and set forth the terms and conditions under which Gay-ville makes available its internet website www.gay-ville.com (the "Site") and the services available through the Site or otherwise provided by Gay-ville (the “Services”). Gay-ville reserves the right to update and change these Terms from time to time, without notice or acceptance by you, so please check this page frequently for updates and changes.

 

By using the Site and/or Services in any manner, you (the "User" or "you") agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Site from time to time related to User's use of the Site and/or Services, each as amended from time to time by Gay-ville. If you do not agree with any of the terms of contained herein, or do not meet our qualifications for registering for an account or using the Services, do not access or use this Site or the Services. As long as you do not cease using this Site and the Services, you will be conclusively deemed to have accepted these Terms.

 

1.      Gay-ville as a Venue

1.1.   Gay-ville acts as an online venue and marketplace to allow Users who comply with Gay-ville policies to offer, publish, lease, book and rent different types of vacation and short-time accommodation around the world. Gay-ville is not an owner or operator of any properties and accommodation options listed on the Site. Please note, that Gay-ville has not examined any of the accommodation listed on the Site. Gay-ville does not pre-screen the listings, users, the content or any information provided by Users. Gay-ville cannot ensure that a User will actually complete a transaction or will fulfill any obligations made on or through the Site or Services.

 

1.2.   The Services do not include introduction of Users to one another. The Site is merely a venue for Users to learn about one another and, if they wish, arrange stays with one another and perform transaction for lease of short time accommodation. We are not involved in the actual contact between Users, nor directly involved in the transaction between lessors ("Host") and lessees ("Guest"). Gay-ville has no control over the quality, safety, morality or legality of any aspect of the accommodations listed, the truth or accuracy of the listings, the ability of a Host to rent an accommodation listed or the ability of a Guest to pay for an accommodation.

 

1.3.   Gay-ville cannot guarantee the true identity, age and nationality of a User. You are solely responsible for determining the identity and suitability of others with whom you may interact by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, background, or verify the information such user may submit to the Site. Gay-ville encourages you to communicate directly with potential transaction partners through the tools available on the Site, and to take the same precautions you would normally take when meeting a stranger in person for the first time.

 

1.4.   By using the Site and/or Services, you hereby acknowledge and agree that Gay-ville is not responsible or liable for any content published, posted or uploaded by any User or third party on the Site, such as data, text, information, graphics, images, photographs, profiles, audio, video, items, and links. You acknowledge and understand that any use of the Gay-ville Site and/or Services is at your own risk.

 

1.5.   The information provided on the Site or Services is neither a recommendation nor a suggestion of any kind to lease or rent; nor is it an appraisal, guarantee of value, warranty, or valuation on Gay-ville part. User provided pricing is an estimate of value that should only be used as a general guideline for price discovery.

 

 

2.      Eligibility and Registration

2.1.   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 you represent and warrant that you are 18 or older.

2.2.   In order to access certain features of the Site, and to book an Accommodation (defined below) or create a listing, you must first register to create an account. Upon registering for an account, you will receive an account designation and will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

2.3.   By registering to the Site you warrant and represent and that any information provided by you at the time of registration, including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date.

2.4.   If your billing information and payment source is invalid or if charges billed to you are declined, your account may be downgraded, suspended or cancelled, at Gay-ville’s discretion. If a User account is suspended, Gay-ville may, but is not obligated to, maintain your account and/or related content and information, in order to allow the User to pay the past-due charges and restore its account. If the charges are not paid, such account may be cancelled.

 

2.5.   Gay-ville may, in its sole discretion, refuse to offer access to or use of the Site and Services to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.

 

3.      Listing and making a reservations

3.1.   By listing an accommodation for lease on the Site (the "Accommodation"), you hereby warrant that you and all aspects of the Accommodation comply with our published policies, and that you may legally lease the Accommodation.

3.2.   You must accurately describe your Accommodation and all terms of the lease. Your listings may only include text, information, graphics, pictures, images, data, videos and other content relevant to the lease of that Accommodation. The Host represents and warrants that the description of the Accommodation as provided on the Site, and any aspect of the listing on the Site, is true, accurate and complete. The Host further represents that the Accommodation offered on the Site is in good condition, fit for the particular purpose and shall be available for lease upon the dates agreed with the Guest.

3.3.   Please include in your listing at least the following information: the location, capacity, size, features, availability of the Accommodation, pricing, related rules and financial terms. All Accommodations MUST have valid physical addresses. You understand and agree that once a Guest has requests a booking of your Accommodation, the price for such booking may not be altered.

3.4.   All Hosts are urged to specify and list requirement and conditions, if there are such, for their Accommodation listing, provided that such conditions comply with these Terms. Such conditions may include, for example, deposit, extra people additional fees, cleaning fee, or special offers. Hosts must create their reasonable policies in good faith and must abide by such policies. Gay-ville reserves the right to request that a Host modify his policy. We recommend that Hosts shall obtain appropriate insurance for their Accommodations.

3.5.   Each Host should make informed decisions about which guest you choose to confirm for booking for your Accommodation. You 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 has invited to the Accommodation, if applicable.)

4.      User's Content

4.1.   User is solely responsible for any content uploaded, submitted or transmitted by the User through the Site or the Service, ("Users' Content") and for the consequences of emailing, distributing, posting or publishing it. Gay-ville does not endorse any Users' Content and expressly disclaims any and all liability in connection with such Content.

4.2.   By uploading, communicating or transmitting any Content using the Site or the Services, you further represent and warrant that your Content does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory or unlawful, by and that it complies with these Terms.

4.3.   Gay-ville does not claim ownership rights in your Content and you retain all of your ownership rights in your Content. However, by uploading or transmitting any Content using the Site or the Services, you hereby grants to Gay-ville an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use such Content in any way we may reasonably choose, for the purposes of providing the Services, including without limitation, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, and you warrants to us that you have the right to grant such license for such purposes.

4.4.   Gay-ville reserves the right to purge Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the Site by your use of the Services.

5.      User Conduct

5.1.   You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services.

 

Gay-ville may, but is not obligated to, to monitor interactions between you and other users of our Services and take any action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, offensive, violent, harassing or otherwise objectionable. Gay-ville reserve the right, but is under no obligation, to review all User's Content and block, delete, add clarifications, terminate access to, or remove any such User Content that Gay-ville, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms and/or any law or regulation under applicable jurisdiction.

 

5.2.   Notwithstanding the aforesaid, by using the any of Gay-ville Services, you hereby acknowledge and agree that you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

 

Without any obligation from Gay-ville to delete any content, if you see on the Site or Services content you believe to be offensive or infringing, you can report such content to us, by sending a link to the relevant content to the following email address: abuse@gay-ville.com

 

5.3.   In connection with your use of any of Gay-ville Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:

 

5.3.1.      Not to upload, post, email, distribute, communicate, transmit or otherwise make available any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any "junk mail", "spam" or disrupt discussions with repetitive messages, ;

 

5.3.2.      Not to interfere with or disrupt the Gay-ville Services or servers or networks connected to the Site or the Service, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;

 

5.3.3.      Not to engage in excessive usage of the Site or the Services, as determined by Gay-ville in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users.

 

6.      Gay-ville Content

6.1.   Certain content and information provided on and through this Site and Services, including, without limitation, Gay-ville's logo, trademark, graphics, design, information, text, images, data and other material displayed, available or present on the Site or Services, that were not originated from Users (collectively, the "Gay-ville Content") are the copyrighted and/or trademarked work of Gay-ville solely, and may not be used without express written permission from us, other than for attribution.

6.2.   Gay-ville retains all rights, including any intellectual property rights in the Gay-ville Content. You hereby acknowledge that you have no right, title or interest in or to any Gay-ville Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gay-ville Content in any manner.

 

7.      Privacy Policy

7.1.         Gay-ville is concerned about your privacy and has created a policy to address privacy concerns. Your use of this Site is governed by the privacy policy, which is available at  (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these Terms by reference, and constitutes a part of these Terms.

7.2.         Please note, that as part of a transaction, a User may obtain personal information, including billing information, email address, or actual address, from another Gay-ville's User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for Gay-ville-related communications. Gay-ville has not granted you a license to use the information for unsolicited commercial messages. For more information, please see the Privacy Policy.

 

8.      Ranking and Disputes with Users

8.1.   Users may and are encouraged to use the Site ranking system, to inform other Users about their satisfaction from an Accommodations booked and transactions made via the Site, and provide feedback to both Hosts and Guests. Feel free to rank the Accommodation and give an honest review about the conditions, location, etc. Remember, User's rank represents such User's reputation in Gay-ville. Therefore, please use this tool carefully and thoughtfully. For example, try to resolve your differences with a Hosts or a Guest you dealt with, before giving a negative feedback.

8.2.   Users are not allowed to exchange feedback for the sole purpose of increasing ranking, or to use threats of poor feedback. Hosts are not allowed to demand positive feedback from Guests, or include terms or conditions in their listing page policies  which limit or restrict the Guest's right to leave feedback.

8.3.         Should you have a dispute with one or more Users, or an outside party, you release Gay-ville (and Gay-ville's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.4.         Gay-ville, for the benefit of Users, may try to help Users resolve disputes. Gay-ville does so in Gay-ville's sole discretion, and Gay-ville has no obligation to resolve disputes between Users or between Users and outside parties. To the extent that Gay-ville attempts to resolve a dispute, Gay-ville will do so in good faith based solely on Gay-ville's policies. Gay-ville will not make judgments regarding legal issues or claims.

8.5.         Before taking action against a User, we'll consider the circumstances of the violation and the User's previous activity record. Our actions may include removing listings and account suspension. Out of fairness to our Users, if a complaint can't be proven, we won't take action.

9.      Payment and Cancellation

9.1.         Unless payment is made in cash (as specified below), in order to book and reserve an Accommodation, a Guest must provide his billing information and pay the total price of the booking, via the Site using PayPal, credit card or debit card. Such payment shall only be transferred to the Host 2 days after the Guest's check-in, and provided that no material complaints to Gay-ville regarding the Accommodation were made within 24 hours after check-in. For the purpose of this Section 9, check-in time shall always be 12 p.m. (noon) local time.

9.2.         Please note the any booking requires a handling fee to Gay-ville of 10% from the total price of the booking ("Handling Fee"). Such Handling Fee shall not be refunded in any event of cancellation by a Guest.

9.3.         Gay-ville allows Hosts to choose from three different cancellation policies which will govern any booking of their Accommodation: (1) Flexible, (2) Moderate or (3) Strict. The terms of the relevant policy applicable to a specific Accommodation must be posted and visible on such Accommodation listing page. Once a booking has been confirmed, the chosen policy shall be equally binding on both the Host and the Guest.

Flexible - the Guest may receive a refund for the total price (less the Handling Fee and an additional 3% transaction fee) if cancellation was made not later than 48 hours before check-in;

 

Moderate - the Guest may receive a refund for total price (less the Handling Fee and an additional 3% transaction fee) only if cancellation was made not later than  7 days before check-in;

 

Strict - the Guest may only receive a refund for the total price (less the Handling Fee and an additional 3% transaction fee) onlyif cancellation was made not later than 30 days before check-in; if the cancellation was made more than 7 days before check-in, he may receive a 50% refund of the total price; If the cancellation was made less than 7 days before check-in, there is no refund.

 

9.4.         Hosts may also choose that payment for their Accommodations shall be made in cash, at the time of check-in. The Handling Fee is paid at booking using PayPal, credit card or debit card. In such event, none of the cancellation policies listed above shall apply.    

9.5.         In any event that a Host has cancelled a booking, the Guest will receive a full refund, including the Handling Fee and any other fees, and the Handling Fee shall be charged from the Host upon the next transaction he consummated via the Site.

9.6.         Any booking cancellation can only be processed via the Site, and the cancellation of any booking shall only be effective once the Host and the Guest have received a cancellation confirmation email from Gay-ville.

 

10.  Warranty Disclaimers

 

10.1.     USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GAY-VILLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE (INCLUDING ITS CONTENT, PRODUCTS, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

 

 

11.  Limitations on Liability and Remedies

 

11.1.     GAY-VILLE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GAY-VILLE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. GAY-VILLE AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH GAY-VILLE'S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GAY-VILLE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAY-VILLE'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GAY-VILLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, GAY-VILLE WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.

 

12.  Miscellaneous

12.1.     Entire Agreement. These Terms comprises the entire agreement between you and Gay-ville relating to the Site and the Services. We may change the terms of these Terms at any time, so please review these pages regularly.

12.2.     Provision of Services. Gay-ville reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the Site or any part thereof.

12.3.     No Guarantee. Gay-ville does not guarantee continuous, uninterrupted access to the Site, and operation of the Site and/or Services may be interfered with by numerous factors outside Gay-ville's control.

12.4.     Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

12.5.     Third-Party Sites. The Site and Services may contain links to third-party sites that are not under the control of Gay-ville, and Gay-ville is not responsible for any content on any linked sites. If you access a third-party site from the Sites or through the Services, then you do so at your own risk.

12.6.     No Agency. You and Gay-ville are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

12.7.     Assignment. User may not assign this agreement. Gay-ville may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

12.8.     Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

12.9.     User may give notices to Gay-ville  by email to support@gay-ville.com