Terms & Conditions | Clanventure

Terms & Conditions

Updated: December 14, 2015

 

1. Scope of Service

Clanventure, LLC (hereafter mentioned as “Clanventure”, “we”, “us”, or “our” is an online booking platform that connects Accommodations Suppliers (hereafter, “Owner”, “Host”, “Accommodations”, or “Property”) with Guests (hereafter, “Guest” or “User”) that wish to book such Accommodations through www.clanventure.com (hereafter “clanventure.com”, “Site”, “Platform”). By clicking “I agree” or by using the Site or any portion of any Clanventure services offered, you agree to these Terms and Conditions (“Terms”). These Terms rule your use and access to the Site and any related services, and establish a binding legal agreement between you and Clanventure. Please read the Terms carefully.  PLEASE BE AWARE THERE ARE CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to these Terms, you must immediately stop using our Site or any related services.

Clanventure is an online platform where Hosts can advertise their Accommodations for bookings and through which Guests can inquire and book such Accommodations. When booking through Clanventure.com, Guests enter into a direct and legally binding relationship with the related Host. Clanventure does not own, manage, or operate any of the Accommodations listed in its Platform. Clanventure acts solely as an intermediary between Guests and Hosts. Host advertise their accommodation on the site and Clanventure facilitates online bookings and communication between Hosts and Guests. Clanventure does not process payments but facilitates the payment process through a third-party payment processor. Clanventure is a neutral venue and has no part in the rental agreement between the owner and guest.

All the information regarding the Accommodations listed on the Site is based on the information provided to us by the Hosts. Clanventure cannot guarantee that the information is accurate, does not endorse any Hosts listed, and is not responsible for any errors or omissions. Each Host is responsible at all times for the accuracy and correctness of the information about their Property, including but not limited to the rates and availability displayed on our Site.

You acknowledge and agree that, by accessing, viewing or using the site, you have read, understand and agree to these Terms. If you do not agree to these Terms, you must not access, view or use the Site.

 

2. Modification and Availability

Clanventure has the right, at its sole discretion, to modify the Site, or to modify these Terms, at any time and without prior notice. If any modifications are made to the Terms, such notification will be posted on these Terms or we may notify you of such changes to the Terms. If you continue to access, view or use the Site, after we have posted a modification on the Site or after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

Clanventure does not guarantee that the Site will always be available, work, or be accessible at any particular time.  We cannot guarantee that the Site will work as advertised, or that it will give you any desired results.  

 

3. Service Fees

Guest Fees

After visiting our Site you may wish to book Accommodations with a Host. Once you have decided on the proper Host, you will be able to create a booking online. At the time of each booking you’ll be required to pay a deposit equal to 30% of the Total Fees plus any optional trip cancellation insurance you elect to purchase.  The balance is to be paid 60 days before your check in date. If a booking is made within 60 days of a check in date, the Total Fees will be due immediately. (“Total Fees” is equal to the Rental Fee plus any optional fees and applicable taxes.)

Rental Fees are calculated based on a number of factors, including but not limited to the rates per night provided by the Hosts, the duration of the booking, and the number of guests. Details for each rental are listed on the property’s page on the Site.

Guest Service Fee

Clanventure charges a flat $79 guest service fee for guests to use the site. This fee is non-refundable. Clanventure will provide Property Protection Program (Contents) for the duration of the guest’s stay in lieu of a security deposit in most cases, see below.

PROPERTY PROTECTION PROGRAM (CONTENTS).  Our properties and their contents are valuable and reasonable care should be taken with them during their rental. Our company, including the participating rental property homeowners we represent (“we”, “our”, “us”), is an additionally-insured participant in a Property Protection Program that reimburses certain costs for unintentional accidental damage to our properties during their rental occupancy. With our participation in this Program, except in certain circumstances, we do not collect and hold refundable security deposits.  We charge renters a non-refundable administrative fee to defer our costs for Program participation. If, during a renter’s occupancy, renter or a member of renter’s party or renter’s guest causes any damage to real or personal property of our rental property as a result of unintentional accidental acts or omissions, renter must notify our property management office at that time, and before check-out. For rentals that exceed the coverage limits of the Program, we may collect a supplementary refundable (net of any damage reimbursement) security deposit from renter upon check-in. Renter is liable to us for any damages caused by renter or a member of renter’s party or renter’s guest that are not reimbursed to us or exceed the maximum per-incident limit of our coverage, and the credit card on file and/or any collected security deposit will be charged. If renter wishes to pay a refundable (net of any damage reimbursement) security deposit, renter must notify us before check-in. Special or large event or pet deposits may be charged in certain situations. This Program is not offered or available for sale to renters.

Optional Fees

Optional Fees include trip cancellation and travel insurance, offered through a third party platform via RentalGuardian.com.

Travel insurance is for your protection and we strongly urge that you purchase this important coverage.

A Pet Fee will be charged for guests who wish to have their pets at the property. Please refer to the property page to insure that the home is pet-friendly and the amount of the Pet Fee charged.

Some Owners charge a Cleaning Fee. The fee charged can be found on the property page of each Accommodation. Please read the rental agreement provided by the Host and be aware of check out procedures and expectations. If extra cleaning is required, the Host may charge an Excessive Cleaning Fee to the credit card on file.

Host Booking Fees

Clanventure charges Hosts “Host Service Fee” every time a booking is made through our Site.

The total fees will be collected through a third-party processor (Stripe). The third-party processor will disburse the Rental Fees and Optional Fees (minus Clanventure’s Host Service Fees) to the Host as processed. All cancellations and refunds are the responsibility of the Host. Any refunds will be handled on a case-by-case basis.

Changes in Fees

Clanventure reserves the right to change and alter any fees at any time.  If any changes to the fee or commission structure occur, Clanventure shall notify the affected party.  If a User or Host fails to accept such fee changes, the User or Host’s sole remedy is to terminate these Terms and to cease using the Site and Platform immediately. A Host or User’s continued use of the Site after such notification shall constitute acceptance by Host or User of the fee changes.

 

4. Guest’s Registration and Booking Terms

Registration

You may create a Guest Account to send booking requests (“Booking Request”), receive, read and answer messages from Hosts, accept and/or reject booking offers, cancel bookings, and to change your Guest Account information.  Your information will be collected and used in accordance with our Privacy Policy. When registering you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Guest Account.  You are responsible for any activity involving your Guest Account; please contact us immediately at admin@clanventure.com if your Guest Account information has been compromised.

Booking

In order to submit an inquiry or make a Booking Request through Clanventure, you may either use your Guest Account or directly fill out a booking or inquiry form. The Host will then confirm or reject your booking or communicate with you through Clanventure’s platform to discuss the details of your stay and send you new or additional offers for Accommodation. If you do not receive a response from the Host after 24 hours from the submission of your initial Booking Request, you will be able to cancel the Booking Request at your discretion. Once a Booking Request has been confirmed by a Host, you agree to pay 30% of the Total Fees  plus any optional trip cancellation insurance that you elect to purchase to Clanventure for any confirmed bookings made through your Guest Account or directly from the booking form in accordance with these Terms. You also authorize our designated third party payment processor to collect and charge such amounts to your credit card on file. The balance is to be paid 60 days before your check in date, by your credit card on file if no other arrangements have been made.

Terms and Conditions

As a Guest attempting to book an Accommodation, please be aware that some Accommodations may have additional terms and conditions.  As a condition to you booking the Accommodations, you represent that you have read and agree to be bound by such additional terms and conditions of any Host’s Accommodation. You must, upon arrival at the property, inspect it and immediately report any damage. As the Guest booking an Accommodation, you are solely responsible for the actions of your traveling party, including children. You are solely responsible for the safety of your family, including children.  You must always supervise your children, especially when swimming in a pool at the Accommodation. Clanventure is not responsible for the safety of your traveling party and may not have not inspected the home.  If the home has a no smoking policy, you are obligated to adhere to and enforce the policy.  If we learn of any misuse during your stay, you agree that, upon notice, you will immediately vacate the premises.  No refund shall be given and you will be responsible for any added costs incurred by the Host.

 

5. Host’s Registration and Booking Terms

Registration

As a Host you may wish to create a listing for Accommodation on our site (“Listing(s)”). In order to create Listings and publish them through our Platform, you must sign up and agree to these Terms to create an owner account (“Owner Account”). Upon approving your sign up, we will create your Owner Account and give you access to your dashboard (“Dashboard”) based on the information you provide to us. You can create and manage all your Listings from your Dashboard where you can change and modify your Listings, including but not limited to rates and availability, or property and accommodations information. When registering you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Owner Account.  You are responsible for any activity involving your Owner Account; please contact us immediately at admin@clanventure.com if your Owner Account information has been compromised.

In order to create a Listing, you will be required to fill out the related forms with information about the Accommodations you wish to list, including but not limited to location and surroundings, number of units, rates and availability, amenities and facilities and cancellation policies. We may review any information provided by you regarding your Listings and modify any information before such Listings are published. You agree that all the information provided to us is accurate and up to date, including but not limited to pictures, rates and availability, and that your accommodation or property conforms to all applicable laws, taxes or any other regulations. In the event that you become subject to any adverse governmental action in connection with your rental of your property, you agree to notify us immediately.  We, at our sole discretion, can suspend your listing at any time.  If you are fined or penalized by your local government, you agree to promptly resolve this dispute and you agree to indemnify and protect us in the event that the local government seeks to impose a penalty or fine against Clanventure.  Your duty to defend and indemnify us extends past the termination of this Agreement. In listing your property, you must also provide us with a copy of your license and confirm that your property meets or exceeds all laws, regulations, and/or ordinances applicable to rental homes, including health and safety requirements.  All homes must be equipped with smoke detectors, carbon monoxide detectors and fire extinguishers, all of which must be in working order.  Likewise, your property must be properly insured and proof of insurance must be provided to us when submitting your home for listing.  To the extent allowed by law, Clanventure must be an additional insured on the policy.  All policies must be provided to us in English.

Please be aware that we reserve the right to reject any Listings, at any time, for any reason, and without any liability to you. You release Clanventure from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes or any other regulation regarding your use of this Site and your Accommodations, Listings, or Property. Once a Listing has been successfully published, Guests will have the opportunity to book your Accommodation via the Site.

Booking

As a Host, when receiving a Booking Request, you must confirm, reject or communicate with the Guest via our Platform, within 24 hours of the Booking Request. After 24 hours the guest will be entitled to cancel the Booking Request. We will notify you by email or through the Dashboard every time you receive a Booking Request, a confirmation, a cancellation or a new message from a Guest.

Guests will be able to book your Accommodation via the Site based upon the information provided in your Listing. You understand and agree that once you confirm the booking or the Guest stays at your Accommodation, you enter into a direct, binding agreement with the Guest.  You understand and agree that Clanventure is not a party to such Agreement. Clanventure merely serves as venue for you, the Host, to advertise your accommodation and you agree to pay Clanventure the agreed upon Host Service Fee for facilitating the connection between Guest and Host.

 

6. Non-Party

Both Users and Hosts agree that Clanventure is not a party to any contracts created by and between a User and a Host.  Clanventure is merely a website and service that helps connect Users and Hosts.  YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH ANY CONTRACT CREATED BETWEEN YOU AND A THIRD PARTY.  WE DO NOT TRANSFER LEGAL OWNERSHIP, TITLE, OR RIGHT TO ANY PROPERTIES OR LISTINGS THROUGH OUR SITE OR SERVICE.  

 

7. Payments

All payments will be processed by a third-party payment processor (Stripe). Each Host that registers with Clanventure will have an account with Stripe. (Hosts will be able to create an account with Stripe upon sign up with Clanventure.) As a Host you agree that once a Guest makes a payment through the third-party payment processor when confirming a booking regarding your Accommodation, you will make that same Accommodation available for the Guest’s stay. Host agrees to accept payments from users, issue refunds, and permit user cancellations and refunds as outlined in these Terms and the specific Host terms outlined on the accommodation’s property page.

Both you and Clanventure agree that no other agency relationship is formed between you and us.  Except as expressly stated otherwise, Host agrees that it is not an independent contractor, partner, joint venture, franchisee, agent, or employee of Clanventure. Host agrees that it shall not misrepresent its relationship with Clanventure to any third parties.

 

8. Cancellations and Refunds 

All Hosts are required to have a cancellation and refund policy for their Accommodations or Properties that will be visible on the property page and applicable to any payment made by the Guest. As a Guest, please fully read and understand the cancellation policies of the Host before booking any Accommodations through our Site.  As a Guest, if you wish to cancel any bookings or wish to have a refund issued, please request a cancellation directly with the Host or refund through your Clanventure account or contact us at admin@clanventure.com. Although Clanventure is not responsible for facilitating refunds, we will help in the process if we can. Please be aware that you may not be entitled to refunds depending on the cancellation and refund policy of the Host.

Clanventure advises Guests to purchase trip cancellation and travel insurance.

 

9. Damages to Accommodations

Clanventure expects Guests to treat Properties respectfully. If an accident occurs (spill, stain, breakage, etc.), please report it to the Owner or Manager immediately.

For peace of mind, Clanventure provides up to $1000 with the Property Protection Program (Contents) for the duration of the guest's stay in lieu of a security deposit in most cases. Any damage must be reported to the owner immediately.

As a Guest, you agree to pay for any damages above that $1000 that occur during your use of a Host’s Accommodations.  In the event of such damage, a host must contact us immediately after discovering damage to the Accommodation and provide us with evidence of such damage. Hosts reserve the right at our their discretion to charge your card for any such damage or pursue other payment methods that are available to us. In the event that we are unable to charge your card, you agree that you will pay and remit any amounts to the Host directly.  Guests agree that we may lodge a claim with any relevant insurer that the Guest may carry for such damages to any Accommodation, Guests agree that they will cooperate and assist us when we make such insurance claims. Both Guests and Hosts agree to work with us in good faith to resolve any damage disputes or complaints. Hosts agree that Clanventure is not responsible for any damage and that no such claim will be made.

 

10. Insurance

Clanventure may offer insurance for Hosts or Guests. If you decide to purchase such insurance please be aware that any such insurance offered is offered by a third party. Any insurance claims will have to be submitted to such third parties.  We do not provide liability insurance to any Hosts or Guests, all users are agree that they will each maintain the proper levels of insurance required to rent, host, or use the Accommodations listed via the Site. Specifically, all Hosts agree that they are solely responsible for maintaining any liability insurance related to their Accommodations. All users agree to provide us with copies of such insurance as requested by us.

 

11. Disputes Between Users and Hosts

In the event of any disputes between a User and a Host, Clanventure may at its discretion assist in resolving such dispute.  However, both Hosts and Users agree that Clanventure is not responsible for and has no liability regarding any User/Host disputes or such dispute’s resolution.

 

12. Compliance With Laws and Regulations

Clanventure is not responsible for your violation of any laws while using our Site. Users and Hosts must comply with all local, state, and US federal laws regarding their use of our Site. Our Site and any services offered are void where prohibited.

 

13. Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Clanventure must collect IRS Form W-9 from all property owners in the United States. As a Host, you agree that you will cooperate with any reasonable requests from Clanventure regarding the reporting of any applicable tax requirements. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Clanventure cannot and does not offer any tax-related advice to any Hosts who use this Site to list Accommodations. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. Where applicable, or based upon request from a Host, Clanventure may but is not required to issue a valid VAT invoice to such Host.

 

14. Laws and Licensing

As a Host, you agree that you understand the laws, codes and licensing requirements that govern short-term rentals in your Property’s geographical area. You agree to have all legal and licensing requirements fulfilled before listing your Property on the Site.

 

15. Ownership

The Site and all of its content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and any related Content displayed (defined below); including all associated intellectual property rights is the exclusive property of Clanventure and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or any Content on the Site without the express written consent of Clanventure.

 

16. Content

We may, at our sole discretion, permit Hosts or Guests to post, upload, publish, submit or transmit photos, diagrams, text, videos, sounds, images, or information (“Content”). By making available any Content on or through the Site, you hereby grant to Clanventure a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Site. Clanventure does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Clanventure the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Clanventure’s use of the Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

17. Reviews

As a user of Clanventure you may be able to post reviews of Hosts or locations found through the Clanventure platform.  Please be aware that all user reviews are subject to the Content license listed above.  Additionally, all reviews may be publicly accessible and searchable.  We appreciate your honesty and candor when providing reviews; however, we reserve the right to modify, edit, or remove any reviews that do not comply with this Agreement or at our discretion and judgment.

 

18. Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Clanventure is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Clanventure of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

19. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Clanventure used herein are trademarks or registered trademarks of Clanventure. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

20. Copyright Policy

Clanventure respects copyright law and expects its users to do the same. It is Clanventure’s policy to terminate in appropriate circumstances the Clanventure Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  If you believe that your copyright or other intellectual property rights have been infringed please contact us at info@clanventure.com.

 

21. Termination and Clanventure Account Cancellation

Please be aware that we are not required to allow you to register or create an account through our Service, we may, at our discretion refuse to provide you with an account for any reason. We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and (b) deactivate or cancel your Clanventure Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Clanventure terminates these Terms or your access to our Site or deactivates or cancels your Clanventure Account you will remain liable for all amounts due hereunder. You may cancel your Clanventure Account at any time. Please note that if your Clanventure Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or User feedback.  If you wish to terminate the Terms, please simply stop using our Site or cancel your Account with Clanventure.

 

22. Disclaimers

The Site, any Site content or any User Content found within the Site are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Clanventure explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Clanventure makes no warranty that the Site, Content and Site content, including, but not limited to, the Listings or any Accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Clanventure makes no warranty regarding the quality of any Listings, accommodations, content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site you are solely responsible for all of your communications and interactions with Hosts and/or Guests of the Site, and with other persons with whom you communicate or interact as a result of your use of the Site, including but not limited to any Hosts or Guests. You understand that Clanventure does not make any attempt to verify the statements of any users of the Site, or to review or visit any Accommodations. Notwithstanding Clanventure’s appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Clanventure explicitly disclaims all liability for any act or omission of any Guest or other third party.

 

23. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, your Listing or booking of any accommodations via the Site, and any contact you have with other Users of Clanventure.com whether in person or online remains with you. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 US DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.

 

24. Entire Agreement

These Terms along with the Privacy Policy constitute the entire and exclusive understanding and agreement between Clanventure and you regarding the Site and any bookings or Listings of Accommodations made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clanventure and you regarding bookings or Listings of Accommodations, or the Site

 

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Clanventure’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Clanventure may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

26. Indemnity

You agree to defend, indemnify and hold harmless Clanventure, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Clanventure Site;

  • your violation of any term of these Terms of Service;

  • any claim made by a Host against a Guest or by a Guest against a Host

  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or

  • any claim that any of your Content or actions through Clanventure caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Clanventure Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

27. Age Compliance

Clanventure and its Site may only be used by persons 25 years and older.  If you are under 25 please stop using our Site and please do not submit any information to us.

 

28. Choice of Law

This Agreement shall be governed by the laws in force in the State of Texas and the US. The offer and acceptance of this contract is deemed to have occurred in the State of Texas.  

 

29. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Hays County, TX.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

30. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

31. Severability

In the event that a provision of the Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Terms are deemed to conflict with each other’s operation, Clanventure shall have the sole right to elect which provision remains in force.

 

32. Non-Waiver

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

33. Class Action Waiver

You and Clanventure agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

 

34. California Users

Pursuant to California law, if you are a California resident and if you have further questions about Clanventure please contact, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

35. Electronic Communications

The communications between you and Clanventure use electronic means, whether you visit the Software, Site, or Service or send Clanventure e-mails, or whether Clanventure posts notices on the Software, Site, or Service or communications with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Clanventure in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Clanventure provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

 

36. United States Residents Only

Clanventure’s website and the services are intended for residents of the United States exclusively. Anyone who accesses the site or uses Clanventure’s services from outside the United States does so at their own risk and must comply with all applicable laws.