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TERMS OF USE & PRIVACY POLICY
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Terms And Conditions
1- General Terms
2- Terms Applying to Members, Users, and Community Participants
3- Terms Applying to Advertisers and other Businesses
4- Submitting Content to the Site
5- Fees and Services
6- Conditions
7- Disclaimer
Privacy
1- Object
2- User consent
3- Compulsory or optional nature of the information provided by the User and reliability of the information
4- How the information is used and disclosed to third parties.
5- Electronic communications
6- Security
7- Cookies and IPs
8- Right of Data Opposition, Correction and Updating
9- Security measures
10- Modification of the privacy policy
Please read the “Terms and Conditions” carefully. Your access to or use of the Site constitutes your acceptance of the Terms and Conditions. If you are unwilling to be bound by the Terms and Conditions, do not access or use the Site.
TERMS AND CONDITIONS
Welcome and thank you for using the Luxury Directory Costa Rica an unprecedented on-line luxury resource for consumers and businesses seeking to build and establish mutually beneficial business relationships.
By accessing, browsing, crawling, scraping or in any way using the website http://www.luxurydirectorycostarica.com (the "Site"), you accept these Terms and Conditions, the privacy policy posted at http://www.luxurydirectorycostarica.com/termsconditions.htm and any other guidelines, rules, and additional terms referenced herein (collectively the "Terms and Conditions").
As used in these Terms of Use, the terms “We”, “Our”, “Us” or “LDCR” refer to, Theodore Thompkin SRL. The LDCR website is owned and operated by Theodore Thompkin SRL
Contact Details
Theodore Thompkin SRL Santa Teresa, Cobano 6011 Costa Rica
Tel:+(506) 8861 8335
Email:info@luxurydirectorycostarica.com
N.I.F/VAT 3-102-392556
1- General Terms
1.1- Eligibility
You must be at least 18 years old. In addition, you may not use the Services or accept the Terms and Conditions if
(a) You are not of legal age to form a binding contract, or
(b) You are prohibited by law from receiving or using the Services.
By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity or organization, you represent and warrant that you are an authorized representative of such company, entity or organization with the authority to bind it to the Terms of Service.
1.2- Modification of the Terms and Conditions
LDCR may update this Terms and Conditions at any time by posting the amended Terms and Conditions on the Site and/or by sending a notice to the email address you provided. Your continued use of the Site shall constitute your consent to such changes and you will be subject to the then-current Terms and Conditions.
1.3- Definitions:
A "User" is anyone who navigates the Site browsing and/or searching the Directory and/or Listings and/or is a registered user on the Site.
A “Member” is a qualified user who has been chosen to add his/her company to our Online Directory and/or submit listings to our Marketplace.
An “Advertiser” is an individual and /or business who has banner or any other advertising that is not a directory listing in the Site.
"Content" means information, compilations, communications, images, photographs and graphics.
"Your Content" means Content that you submit, transmit to or use on the Site, including but not limited to the listings, ratings, reviews, compliments, information that you display as part of your Listing, invitations, or other commentary that you may submit, post, transmit to, or use on the Site. Your Content does not include personally identifiable information on the Site (personal information is subject to our Privacy Policy).
"User Content" means the Content that any User of the Site may submit, transmit to or use on the Site, including but not limited to Your Content.
"LDCR Content" means Content that is created by LDCR Team. ("LDCR") and made available on the Site.
"Third Party Content" means Content that is made available on the Site by parties other than LDCR or the Users.
"Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and LDCR Content.
The "Service" means the services and functionality available to Users on the Site.
1.4- The service
LDCR provides users with access to a comprehensive collection of on-line luxury resources, including without limitation to business web page hosting services, on and off-line advertising services and the ability to contact businesses (Members & advertisers) from whom Members or businesses seek deals (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
LDCR is not a real estate broker, neither a travel agency and is not registered as such. Brokerage and travel services facilitated by LDCR, are provided by third parties reasonably understood to be qualified. However, LDCR does not make any explicit or implicit guarantees regarding service provided by third parties. LDCR assumes no direct or indirect liability or responsibility for any and all referrals made to third parties by LDCR.
2- Terms Applying to Members, Users, and Community Participants
2.1- Use of the Site
Subject to the restrictions set forth herein, LDCR grants you permission to access and use the Services, including but not limited to the ability to: (a) search for business and services, (b) read, write and share reviews about businesses and stories, (c) contact business and service companies listed on our Directory, (d) contact business and service companies who have submitted listing/s on our Marketplace and (e) invite people you know to register with LDCR.
You may view, download and print contents from the Site subject to the following terms of Use: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works or otherwise use the content other than as explicitly permitted herein.
You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable or otherwise inappropriate. LDCR does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations or advice expressed therein.
3- Terms Applying to Advertisers and other Businesses
3.1- Products and Services Offered to Advertisers and Members
LDCR offers provides products & Services on the Site.
A listing advertisement must relate to a specific physical property, hotel, resort, villa, or service. LDCR reserves the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of existing listing as compensation for any violations of this condition.
If LDCR receives a complaint from a person who has booked or rented an advertiser's property which LDCR, acting reasonably, considers to be justified, or if the Advertiser double-books a property, or if you engage in any business practice that would be considered to be unfair, or if you are in breach of your obligations to LDCR, then LDCR reserves the right to remove the listing from the web site without notice or any rights to request a refund.
LDCR reserves the right, in its sole discretion and without liability, to reject, omit or exclude any advertiser Site and listings for any reason at any time, with or without notice to the advertiser and regardless of whether such advertiser Site and/or Listings was previously accepted.
4 - Submitting Content to the Site
4.1- Licenses
By submitting information, you grant LDCR a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable license to reproduce, use, modify, publish, adapt, translate, distribute and display such content throughout the world in any media.
4.2- Responsibility for Your Content
You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize LDCR to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LDCR.
Because you alone are responsible for Your Content (and not LDCR), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Members submitting properties, or services to LDCR, including but not limited to the Site, are understood to fully responsible for the accuracy of the information provided. A Member assumes full responsibility for updating LDCR as this information changes or is discovered to be inaccurate. It is the full responsibility of the Member to review the finished listing on the Site and inform LDCR of any inaccuracies, typographical errors, misprints or omissions, and LDCR assumes no responsibility in the event that these occur.
It is your responsibility to ensure the accuracy of the photos displayed. LDCR is not responsible for any inaccuracies in the photos. You are expected to follow and use only acceptable content. Members using content that is not acceptable to LDCR are subject to cancellation at the sole and absolute discretion of LDCR.
4.3- Use of Your Content
LDCR makes no representations that it will publish or otherwise use Your Content in any way. LDCR may or may not use Your Content in its sole discretion. You understand that LDCR does not guarantee any confidentiality with respect to Your Content. LDCR has no obligation to store or provide you with copies of Your Content.
LDCR reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that LDCR deems untrustworthy or in violation of the Terms and Conditions or guidelines for listings, reviews, photos.
LDCR and its licensees may display advertisements and other information adjacent to or included with Your Content on the website. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
5 - Fees and Services
5.1- Fees
Accessing the Site is free.
LDCR reserves the right to commence charging Members, or Advertisers at any time for any service or feature offered by LDCR or through the Site. Accordingly, LDCR may modify these Terms and Conditions at any time to include payment and related collection terms in its sole discretion. You will not be charged without prior notice and your consent.
We reserve the rights to charge fees for using other services, such as premium listings. When you have a listing or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to our fees schedule are effective after we provide at least fourteen (14) days notice by emailing our members. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we email our members about the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in US$. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. (This includes, but is not limited to, charging other payment methods on file with Us, retaining collection agencies and legal counsel.)
5.2- Booking and Reservations
LDCR is not a Travel Agency or Vacation Rentals Agency/Company. The Site is only a locale. The Site acts solely as an online directory and marketplace for you to find and transact with other Users (Members & advertisers), showing products or services on the Site. We are not a broker, lender or seller and we are not a party to any agreement or transaction between You and any other User of the Site.
When using the Site to send a private or destination inquiry to LDCR Members or advertiser(s), you agree to allow LDCR or its affiliated websites to add your email address to our database of members. You will receive at least one marketing email and/or newsletter from either LDCR or its affiliated websites. You can opt out from receiving emails from LDCR or its affiliated websites at anytime. Nothing on this website constitutes an offer on our part or on the part of the suppliers.
LDCR will not charge any deposit on behalf of the supplier.
All bookings for accommodations, travels and services are subject to the booking conditions of the relevant supplier. Customers are responsible for reading the supplier's booking conditions of which you are advised at the time of booking.
6- Conditions
6.1- Exclusion of liability
Whilst LDCR makes every effort to ensure the accuracy of the information published on the Site, we cannot be held responsible for any errors, omissions or changes that may have occurred. All listings, recommendations, opinions expressed and prices regarding properties, services and/or destinations displayed on the Site are provided for guidance only. Personal descriptions have been written in good faith and are subjective. Services and facilities can be withdrawn at short notice and LDCR does not accept any liability for the descriptions given. All views expressed are our own and individual opinions may differ.
We do not accept responsibility for your direct dealings with the ultimate supplier of the accommodation, travel or service, once the introduction has been made. All accommodation, travel or service suppliers featured on the Site are themselves responsible for providing you with the final quote and booking conditions for your reservation.
LDCR does not accept responsibility of the accommodation, travel or service featured on the Site. If during the course of the holiday you have any reason for complaint or dissatisfaction you should contact the accommodation manager, services company or travel supplier in order that remedial action may be taken.
6.2- Third Parties
The Site Content may include links to other websites (the "Third Party Sites"). LDCR does not control or endorse any Third Party Site, and you agree that LDCR is not responsible for the availability or contents of any Third Party Site.
6.3- Restrictions on Use
You agree that you will not (and will not permit others to):
1. You may submit comments and provide other content so long as the content is not obscene, illegal, threatening or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, deceptive mailings, chain letters or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the information.
2. Use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys or other mass messaging, whether commercial in nature or not;
3. Use the Site for promotional or commercial purposes, unless expressly allowed to do so by LDCR;
4. Use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting deceptive reviews;
5. Use the Site in connection with the solicitation of personal information from minors;
6. Use the Site in violation of the Terms and Conditions or any applicable local, state, national or international law;
7. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade or in any way exploit the Site, the Services or any of the Site Content (other than Your Content), except as expressly authorized by LDCR;
8. Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;
9. Collect or record information about Users;
10. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
11. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database;
12. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LDCR without the express written consent of LDCR. You may not use any meta tags or any other "hidden text" utilizing LDCR's name or trademarks without the express written consent of LDCR. You may not use any LDCR logo or other proprietary graphic or trademark as part of the link without express written permission.
13. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on LDCR's technology infrastructure;
14. Attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
6.4- Availability of Service
LDCR reserves the right (but is under no obligation) to modify, update or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
6.5- Copyrights
LDCR owns the LDCR Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third Party Content. LDCR also owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights (the "IP Rights") associated with the LDCR Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the LDCR Content in whole or in part except as expressly authorized by LDCR.
6.6- Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. LDCR urges passengers to review travel prohibitions, warnings, announcements and advisories prior to booking travel to Costa Rica. Travellers should ask their embassy for Information on conditions in various countries and the level of risk associated with travel to particular international destinations.
7- Disclaimer
ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. LDCR AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY LDCR ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. LDCR DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.
LDCR, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF LDCR, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1- Indemnity
You agree to indemnify, hold harmless and defend LDCR and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney's fees and costs, arising from or relating to: (i) your breach of these Terms and Conditions; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; (iv) in connection with your use of the Site or any hyperlinked Web site or (v) resulting from content you supply. You agree that LDCR shall have the right to participate in the defense of any such claim through counsel of its own choosing.
PRIVACY POLICY
This Privacy Policy (this "Privacy Policy") describes the policies governing the collection, use and disclosure of information that Theodore Thompkin SRL, collects and receives from you. This privacy policy applies to your use of LDCR's websites and mobile applications (collectively, the "Site"), but does not apply to any third party sites that may be linked to this one, or any relationships you may have with the business listed on the Site.
BY USING THE SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE THE SITE.
Contact Details Website Owner
Theodore Thompkin SRL Santa Teresa, Cobano 6011 Costa Rica
Tel:+(506) 8861 8335
Email:info@luxurydirectorycostarica.com
N.I.F/VAT 3-102-392556
1- Object
The user data recorded through the forms enabled there for at LDCR.com , (hereinafter the Website) are collected by Theodore Thompkin (hereinafter, LDCR) with the object of facilitating the provision of the services that LDCR provides through the said Website; of facilitating the opinion of the users; administrative purposes and push services and other services that might be of interest for the users of the Website.
You may be required to provide certain personal information to us when you: (a) register for the site, (b) register for free newsletters, (c) register for free email services, (d) book a reservation, (e) make an inquiry about a vacation rental property and related services; (f) send email messages, submit forms or send other information to us; and/or (g) subscribe to receive services. The user guarantees that the personal data given to LDCR are true, and accepts responsibility for reporting any change thereto.
The data collected are adequate, pertinent and not excessive in relation to the ambit, the determined, explicit, legitimate ends and services of LDCR.
2- User consent
The sending of personal data through the use of the electronic forms of LDCR or, as the case may be, electronic mail messages, supposes the express consent of the sender to the automated treatment of the data included in the indicated media, services and products related to the objects of the LDCR website, and the electronic sending of communications with information related to LDCR and its initiatives. LDCR will send inquiries to the member or advertiser in question.
With your permission, we will keep you up to date via email about our services, latest discoveries or special offers we think you will find valuable. You may opt out of receiving these notifications from us at any time by un-subscribing at the bottom of the notifications.
3- Compulsory or optional nature of the information provided by the User and reliability of the information
The User guarantees that the personal information provided is true and agrees to inform LDCR of any changes to the same.
The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards LDCR or third parties, by virtue of using LDCR's services.
4- How the information is used and disclosed to third parties.
As a general practice, we do not provide your personally identifiable information to third parties. The major exception to this practice is that if you provide information to us in connection with a vacation accommodation you wish to rent, or service, we may share your information with the owner/manager of the property (“Property Manager”) or service company. This Privacy Policy does not address the activities or policies of any Property Manager or other third parties. We do not sell your email address or your name and personal demographic information to mass marketers, however, on particular pages where we ask for your personally identifiable information, we may explicitly tell you that the data we are collecting on that page will be shared with third parties, in which case those disclosures shall override anything to the contrary in this policy. For example, before you submit answers to questions we ask in an advertiser-sponsored promotion, we will tell you that your answers will be shared with that advertiser.
In some cases, we use your personally identifiable information to provide information to you, such as to send to you requested newsletters or to provide to you requested services.
In some situations, we share your personally identifiable information with third parties who provide services to our site in order to enhance the functionality available to you on our website, and to provide you with new products and services.
We use your information on an aggregated basis to do such things as operate our site, enhance our site, and sell and deliver advertising. We also use this data, both aggregated and personally identifiable; to enhance your on-site experience by displaying content and marketing messages that we believe will be of interest to you.
We may use your information to notify you about information related to your inquiry or booking. We may also use your information to contact you about updates to our site and services..
5- Electronic communications
LDCR will offer the users the sending of a bulletin that includes all the most relevant news, developments and information on the Website. Likewise, users may give up the bulletin service or modify their subscription data thereto.
6- Security
LDCR maintains the personal data protection security levels, concerning the security measures of automated files that contain personal data, and has established all technical means in its reach to avoid the loss, bad use, alteration, unauthorized access and theft of the data the users provide through the Website, without prejudice of informing them that Internet security measures are not unbreakable.
LDCR agrees to comply with its duty to secrecy and confidentiality with respect to the personal data contained in the automated file in accordance with applicable legislation.
By completing and submitting an electronic form to LDCR.com Users expressly consent to receiving bulletins concerning the most relevant news, innovations, and information regarding the website, as well as electronic communications relating to the sector.
LDCR has established two mechanisms by which users can reject said services, simply and at zero cost.
To do so the user must unsubscribe in the relevant newsletter, Email or notifications by following the instructions at the bottom of the email.
7- Cookies and IPs
The user accepts the use of cookies and IP follow-ups. Our website traffic analyzer uses cookies and IP follow-ups that allow us to collect data for statistical purposes, such as: date of first visit, number of visits, date of last visit, URL and domain from which it proceeds, explorer user and screen resolution. However, the user may decide to deactivate and/or eliminate these cookies by following the instructions given by their Internet browser.
8- Right of Data Opposition, Correction and Updating
The user is entitled to access this information and to rectify it if the data are erroneous and to give up the services of luxurydirectorycostarica.com Notices should be sent to Contact Details
Theodore Thompkin SRL Santa Teresa, Cobano 6011 Costa Rica
Tel:+(506) 8861 8335
Email:info@luxurydirectorycostarica.com
N.I.F/VAT 3-102-392556
9- Security measures
LDCR has employed appropriate physical, procedural and technological measures to help protect your personal and/or other information from unauthorized access or disclosure. However, we CANNOT guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You may remove your information from the Site at anytime, but parties who have gained access may have retained a copy of your personal and/or other information in their own files or databases. We are not responsible for the retention, use or privacy of personal and/or other information saved to the Site.
10- Modification of the privacy policy
LDCR may update this Privacy Policy at any time by posting the amended Privacy Policy on the Site and/or by sending a notice to the email address you provided. Your continued use of the Site shall constitute your consent to such changes and you will be subject to the then-current Privacy Policy |
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