Terms and Conditions - Legal Notice
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS
Members are only eligible to use the Platform if they are at least eighteen (18) years of age and are capable of entering into legally binding contracts. By accessing and using the Platform, Members represent and warrant that they are eighteen years of age or older, and have the legal and mental capacity to enter into legally binding contracts.
Members agree to comply with any applicable export control laws in the Member’s local jurisdiction, and each Member represents and warrants that (i) He or She is not located in a jurisdiction that is subject to an embargo, or that has been designated as a terrorist-supporting country by the US government, or (ii) that the Member has not been included on a list of U.S. government prohibited or restricted parties.
2Xcape may update these Terms from time to time and such changes will become applicable to You if You continue to use the Platform at any time after such changes are posted. You will not be permitted to access or use the Platform unless You agree with the updated Terms. 2Xcape will notify You of any changes made to these Terms.
Members are solely responsible for determining any laws, rules or regulations that apply to them and ensuring that they understand and are in compliance with those laws and rules regarding offering their home, apartment, condominium, or any dwelling (hereinafter, “Residence”) for an exchange (hereinafter, “Exchange”), including whether any licenses, permits, or other registrations are required before entering into an Exchange. 2Xcape encourages all Members to seek independent legal guidance if they have questions about compliance.
DEFINITION OF TERMS
“Deposit” means the security deposit, as more fully described under the 2Xcape Service package description, found
“Account” means the account that must be created to allow an individual to become a Member and access the Services offered by the Platform.
“Exchange” means a residence exchange entered into between Members.
“Username” means the username chosen by the Member when creating his or Her account to allow him or Her to access his or Her Account.
“Password” means the password chosen by the Member when creating his or Her Account to allow him or Her to access His or Her Account.
“Listing” means any Residence described on the Platform published by a Member, including any User Content used to describe such Listing. Each Listing has a unique identification number on the Platform.
“Member” means any person who registers on the Platform and by doing so, accepts these Terms.
“Verified Member” means a Member whose Residence address and identity (first and last name) has been confirmed by 2Xcape through its Verification service.
“Residence” means any residential real property, (excluding, without limitation, campers, boats, mobile homes, and other impermanent structures), which a Member has the legal and/or contractual right to offer via the Platform.
“Service” or “Services” means any service rendered by 2Xcape to a Member through the Platform, whether free or subscription-based, including without limitation the 2Xcape Service.
“2Xcape Service” means the subscription-based Services offered by 2Xcape on the Platform, allowing Members to enter into an Exchange, and includes additional Services more fully described on the Platform.
“Verification” means the Service proposed by 2Xcape of (i) verifying Members’ identities with copies of forms of identification provided, and (ii) verifying Members’ listings with the copies of the proof of Residence provided.
“We”, “Us”, and “Our,” means 2Xcape.
“I”, “You”, “Your”, “Yourself ” means any Member who uses the Platform in any manner, either through accessing the Websites, Application or Services.
GENERAL USE OF THE PLATFORM
The Platform may contain areas in which You or other Members may post or submit information, including text, photographs, images, or other information (hereinafter, “User Content”). Please review these terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein. When using the Platform, You agree that You will:
Only post User Content to the Platform if You have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in Your User Content. Not provide false or misleading information to any Guest, Member, or 2Xcape.
Not post on the Platform, or transmit to other Guests, Members, Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racial, ethnic, sex, sexual orientation, or illegal material or communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Not use any of the Platform to violate any applicable law and do not post or send any content or engage in any conduct that subjects any Guest, Member, or us to any threat of civil or criminal penalties.
Not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
Not accept payment from a third party in exchange for performing any commercial activity on the Platform in violation of these Terms without 2Xcape’s express permission.
Not impersonate any person or entity or falsely state or misrepresent Your affiliation with any person or entity.
You further agree that:
You assume all liability for Your use of any information appearing on any of the Platform.
You have the authority to enter into this Agreement, to post Your Listing and to offer it for Exchange.
You are solely responsible for Your communications and relationship with other Members.
2Xcape has the right but not the obligation to monitor use or access to the Platform in order to ensure the security of Members generally and/or the Platform, or to ensure compliance with these Terms and/or compliance with any applicable laws, rules, regulations, or order from any legal authority. Members agree to cooperate with and assist 2Xcape in good faith, and provide any related information and take any other actions reasonably requested by 2Xcape regarding any investigation by 2Xcape or any legal authority regarding the misuse of the Platform.
If You believe in good faith that a Member is violating these Terms or has otherwise acted inappropriately or illegally, You should immediately report such Member to 2Xcape and, as may be the case, to the relevant legal authorities. Any report made to 2Xcape and/or legal authorities however shall not obligate 2Xcape to respond in any particular way except as may be required by law.
Any web address or URL links must be approved by 2Xcape. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
Note that any translations provided by 2Xcape cannot be guaranteed as accurate and Members are responsible for reviewing any translations provided regarding their Listings.
Your Account is for Your sole, personal use. Companies and businesses may not be Members.
MEMBERSHIP TERMS AND CONDITIONS
You may not authorize others to use Your Account, and except as otherwise expressly provided for herein, You may not assign or otherwise transfer Your account to any other person or entity.
Creating an Account
In order to register with the Platform, You must first create an Account by providing the personal information requested (including without limitation first and last name, date of birth, telephone number, and email address). Members must keep their Account information up-to-date at all times. 2Xcape shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. Upon registration, You must: (i) be eighteen (18) years of age at the time You register Your account; (ii) have the legal or contractual right to offer the Residence via the Platform and continue to have that right during Your use of the Platform; and (iii) have the authority to enter into an Exchange. In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes.
2Xcape reserves the right to refuse (without justification and without recourse or compensation) the registration of any Member Account for any reason, at any time, in its sole and absolute discretion.
Upon registration, Members will select a Username and Password, which can only be changed at the Member's request. Each Member is solely responsible for his or Her Username and Password and agrees to keep them confidential and not to disclose them to anyone, in any form, for any reason. Each Member shall be solely responsible for any third-party use of a Member’s Username or Password and for any actions or statements made through his or Her Account by a third party, whether fraudulent or not, and shall indemnify 2Xcape against any claim relating thereto. Moreover, 2Xcape shall not be liable for any identity theft of any Member. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s account in an unauthorized manner, the Member must immediately inform 2Xcape. In the event of loss or theft of a Member’s Username or Password, the Member must immediately change his or Her Username and/or Password and the Member shall be solely responsible for any losses relating to such loss or theft.
You agree to only create and/or use one Account. Any exception to this rule must be granted 2Xcape’s prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.
Note that Members’ use of the Services provided on the Platform shall not be construed as any employee, agent, joint venture, or partner of 2Xcape for any reason, and that all Members are acting exclusively on their own behalf and benefit and not those of 2Xcape. 2Xcape does not in any manner control or direct and Member and each Member acknowledges and agrees that He or She has complete discretion on whether to post a Listing or enter into an Exchange.
If You register Your Account using a third-party social networking service, You can disable the connection between Your social networking account and 2Xcape by accessing Your Account settings.
2xcape is a web service built on the 2Xcape platform. The general terms of 2xcape below apply also to the use of 2xcape
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the 2xcape service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from 2xcape and terminate their right of use of the service without any specific reason and without being liable for compensation.