1. Welcome to the Virtual Concierge Service!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the VCS Portal or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using VCS after a change, that means you accept the new terms.
2. About Creating an Account
To sign up for a VCS account, you need to be 18 or over. You’re responsible for your account and all the activity on it.
To use the functions that VCS provides, you’ll need to register with an email address, provide your name (and optionally your company name) and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to email@example.com.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
3. Things You Definitely Shouldn't Do
This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
Lots of people use VCS. We expect all of them to behave responsibly and help keep this a great experience for guests. Don’t do any of these things on the Sites:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people (especially your guests!). Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of VCS policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to VCS or another party).
- Don’t abuse other users’ personal information. When you use VCS you may receive information about your guests including things like their names and email addresses. This information is provided for the purpose of connecting with your guests to provide information and offers to enhance their experience. Don’t use it for other purposes, and don’t abuse it.
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to VCS or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Sites.
- Don’t take apart or reverse engineer any aspect of VCS in an effort to access things like source code, underlying ideas, or algorithms.
4. Content You Provide To Your Guests
VCS provides a platform by which hospitality hosts from individual vacation rental owners, to large property management companies, to hotels (“Hosts”) provide customized content to enrich their guest experience.
Hosts are solely responsible for the content they provide. If a guest has a problem with a Host’s content, that is between the Host and the guest.
5. Stuff We Don’t Do and Aren’t Responsible For
We don’t guarantee the accuracy of content, and we don’t mediate disputes between Hosts and guests.
6. Our Subscriptions
Fees are only charged to provide a Host’s custom content through our applications.
Creating an account on VCS is free. If you decide to make content available to your guest through our applications, a subscription fee may be required. We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Sites. You’re responsible for paying any fees or taxes associated with your use of VCS.
7. Email and Mobile Notifications
We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you valuable account updates and new capabilities available to you.
VCS may send information related to your account as well as an occasional announcement regarding newly released capabilities available to you. You may opt-out of these communications by selecting Unsubscribe at the bottom of any of the emails you receive from us. If you opt-out you understand that we will not be able to share important updates, service disruption announcements and similar alerts with you.
8. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
VCS may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
VCS partners with other companies (such as Braintree) for payment processing. When you open a subscription, you’re also agreeing to the payment processor’s terms of service.
9. Your Intellectual Property
We don’t own the content you define on VCS. We will ask your permission to use or copy it, or promote / showcase our Services.
VCS doesn’t own content you submit to us (your “Content”). We may periodically request certain licenses from you in order to use or share your content. When you submit content in the VCS Portal, you agree to these terms:
- We must request your approval to use the content you’ve submitted.
- You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant VCS all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on VCS’s hosting of that Content.
- You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
- We’re not responsible for mistakes in your content. VCS will not be liable for any errors or omissions in any content.
10. VCS's Intellectual Property
The content on VCS Sites is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
VCS’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Sites. You also agree not to change, translate, or otherwise create derivative works of the Service.
11. How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. VCS complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please contact us at firstname.lastname@example.org. Our designated agent for notice of alleged copyright infringement is:
Virtual Concierge Service
Attn: Copyright Agent
30610 NE Tolt Hill Rd
Carnation, WA 98014
12. Deleting Your Account
You can delete your account at any time. Deleting your account won’t automatically make some content you’ve already posted go away.
You can terminate your account at any time by contacting us at email@example.com. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Sites. You can also contact us at firstname.lastname@example.org for additional information or to request content deletion.
13. Our Rights
To operate, we need to be able to maintain control over what happens on our Sites. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
VCS reserves these rights:
- We can make changes to the VCS Sites and Services without notice or liability.
- We have the right to decide who’s eligible to use VCS. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use VCS in that jurisdiction.
- We have the right to reject, cancel, interrupt, remove, or suspend any account at any time and for any reason.
14. Warranty Disclaimer
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. The Sites are presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
VCS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VCS SHALL CREATE ANY WARRANTY.
If you do something on VCS that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of VCS. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
16. Limitation of Liability
If something bad happens as a result of your using VCS, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will VCS, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall VCS’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
17. Dispute Resolution and Governing Law
We’re located in Washington state, and any disputes with us have to be handled in Washington under Washington State law.
We at VCS encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Washington and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that VCS and its Services are deemed a passive website that does not give rise to jurisdiction over VCS or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Washington. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of VCS, shall be filed only in the state or federal courts located in King County in the State of Washington, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
18. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using VCS!
These Terms and the other material referenced in them are the entire agreement between you and VCS with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and VCS with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or VCS to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get VCS’s prior written consent. VCS has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. VCS will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.