Terms of Use

Terms of Use

Please read these terms of use (“Terms of Use”) carefully before using https://staysfound.com (the “Website”) operated by Stays, LLC (“Stays”).

Conditions of Use

These Terms of Use are a legal agreement between you and Stays, LLC (“Stays”). The Terms of Use explain how you are permitted to use the website located at the URL http://staysfound.com (the “Website”). Unless otherwise specified, all references to “Website” include all Stays provides to you and any software that allows you to access the services from a mobile device (a “mobile application”). By using the Website, you agree to all the Terms of Use; if you do not agree with any of these Terms of Use, do not access or otherwise use the Website.

Privacy Policy

Before you continue using the Website we advise you to read our privacy policy https://staysfound.com/privacy-policy/ regarding our user data collection. It will help you better understand our practices.

General Use

Stays provides content through the Website that is copyrighted and/or trademarked work of Stays or Stays’ third-party licensors and suppliers or other users of the Website (collectively, the “Content”). Content may include logos, graphics, video, images, software and other content. Subject to these Terms of Use, and your compliance with these Terms of Use, Stays hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Website solely for your personal use. Except for the foregoing license, you have no other rights in the Website or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Content in any manner. If you breach any of these Terms of Use, the above license will terminate and you are required to destroy immediately any downloaded or printed Content and cease using the Website.

Links to Other Web Sites or Services

The Website contains links to third-party websites or services that are not owned or controlled by Stays. Stays has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Stays shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Communications

If you subscribe to the news on the Website, you agree to receive regular emails from Stays. Stays will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

License and Site Access

Stays grants you a limited license to access and make personal use of the Website. You are not permitted to download the Website or underlying code without written consent from Stays. You need not register with Stays to simply visit and view the Website.

Unauthorized Activities

You agree not to utilize the Website or Content in any manner which is intended to or would be reasonably anticipated to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Infringe on any copyrighted or trademarked materials without the express permission from the owner.
  • Use any robot, spider, scraper or other automated means to access the Website.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. Stays reserves the right to block your internet protocol (IP) address or take any other action to restrict or block your access to the Website, for any reason or no reason, or for any action that Stays determines is inappropriate or disruptive to the Website or to any other user of the Website and/or Stays’ business. Stays may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Stays’ discretion, Stays will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.

You agree to indemnify and hold Stays and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Stays or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Website violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Intellectual Property Infringement

Stays respects the intellectual property rights of others. Stays may, in appropriate circumstances and at our discretion, terminate access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Stays’ designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Stays to locate the material.
  • Information reasonably sufficient to permit Stays to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Stays’ agent for notice of claims of copyright or trademark infringement on this Site can be reached at:

hello@staysfound.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Stays’ designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Stays may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Stays reserves the right, in its sole discretion, to terminate or otherwise block access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

No Resale of Website or Content

You Agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any Content or portion of the Website.

European Users

The Website is not intended to provide services or information to residents of or those located in the European Union. By accessing the Website, you agree that you are not a resident of the European Union nor accessing the Website from the European Union.

Disclaimer of Warranties

Your use of the Website is at your own risk. The Content has not been verified or authenticated in whole or in part by Stays, and may include inaccuracies or typographical or other errors. Stays does not warrant the accuracy of timeliness of the Content contained on the Website. Stays bears no liability for any errors or omissions in the Content, whether provided by Stays, our licensors or suppliers or other users. STAYS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. STAYS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

STAYS LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL STAYS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF STAYS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Stays controls and operates this Site from its headquarters in the United States of America and the Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Applicable Law and Venue

By visiting the Website, you agree that the laws of the state of Texas, without regard to principles of conflict laws, will govern these Terms of Use. Any dispute arising out of or related to your use of the Website shall be construed and enforced in accordance with the laws of the State of Texas. This Agreement is performable in substantial part in Travis County, Texas. Venue for any dispute arising out of or relating to your use of the Website, whether in state court, or by arbitration, mediation, or other means of alternative dispute resolution shall be exclusively in Travis County, Texas. Venue for any dispute arising out of or relating to this Agreement in federal court shall be exclusively in the federal courts located in the Western District of Texas, Austin Division.

Contact Us

If you have any questions about these Terms of Use or otherwise need to contact Stays for any reason, you can reach us at hello@staysfound.com.