Terms of Use

AGREEMENT BETWEEN USER AND LTDL

(Last Updated 1st November 2008)

The LivetheDream.com Limited (LTDL) Web Site is comprised of various Web pages operated by LTDL.

The LTDL Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LTDL Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

LTDL reserves the right to change the terms, conditions, and notices under which the LTDL Web Site is offered, including but not limited to the charges associated with the use of the LTDL Web Site.

LINKS TO THIRD PARTY SITES

The LTDL Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of LTDL and LTDL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LTDL is not responsible for web casting or any other form of transmission received from any Linked Site. LTDL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LTDL of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the LTDL Web Site, you warrant to LTDL that you will not use the LTDL Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LTDL Web Site in any manner which could damage, disable, overburden, or impair the LTDL Web Site or interfere with any other party's use and enjoyment of the LTDL Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LTDL Web Sites. You agree to only use the site for the purpose of either buying a villa, renting a villa or viewing the things to do information.

MATERIALS PROVIDED TO LTDL OR POSTED AT ANY LTDL WEB SITE

LTDL does not claim ownership of the materials you provide to LTDL (including feedback, reviews and suggestions) or post, upload, input or submit to any LTDL Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LTDL, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. LTDL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LTDL's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WEBSITE CONTENT

All content on the site which includes text, graphics, layouts, design, images and computer code is protected by copyright laws. 

GENERAL TERMS & CONDITIONS OF SALE

Every Advertiser (Villa Owner, Agency or Hotel) on the LTDL website will have their own terms and conditions of sale in relation to the rental or sale of their properties. Each Advertisers terms and conditions of sale should be found in the Description tab via a hyperlink called “Owner / Agency Terms & Conditions” for each individual property. The contract of sale or rental of any property is between you and Advertiser and not LTDL. LTD is a portal website that brings together buyers and sellers. LTDL does not sell or rent any property directly to a customer.

We recommend that you check the invoice / confirmation from the advertiser as soon as you receive it and contact them immediately if you find it incorrect or incomplete.

TRAVEL INSURANCE

We strongly recommend that you ensure you and your party have comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

LTDL or the Advertisers of the properties cannot be held liable by you and your party against any / all claims including any accidents or illness related to the use of the Villa facilities or locally procured third party services such as, but not limited to, watercraft, water sports, jeep or motorbike rental.

OUR LIABILITY TO YOU – NO WARRANTIES, LIMITATION OF LIABILITY

WHILE LTDL USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, LTDL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, LTDL DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VILLAS AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, FEATURES AND GENERAL PRODUCT DESCRIPTIONS.

THE PROPERTY OWNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT VILLA OWNERS/AGENCIES/ADVERTISERS AND NOT AGENTS OR EMPLOYEES OF LTDL. LTDL AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, LTDL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. IN NO EVENT SHALL LTDL, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, ACCESS TO THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LTDL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

COMPLAINTS & PROBLEMS

If you are not happy with an Advertiser then all complaints should be emailed to info@livethedream.com . LTDL will investigate complaints with the Advertiser and try to help resolve the problem. It should be noted though that LTDL has no liability to resolve a complaint or problem. This would be a matter for the Advertiser and Customer to resolve finally.

PASSPORTS, VISAS & HEALTH REQUIREMENTS

LTDL Strongly recommend you that you are in possession of all necessary travel and health documents (including Passports and Visas (where applicable) before departure for the relevant country you intend to visit. If you or any member of your party is not a British citizen or holds a non-British passport, you should check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. 

SEVERANCE

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

CONTACT DETAILS

By creating an account on the Website, you agree to provide a valid email address to be used as primary form of contact and to inform and update LTDL if this address changes. You also agree that LTDL may contact you by email with a monthly newsletter, with information regarding new services, offers and updates relating to the Website and for matters relating to the administration of your properties.

GOVERNING LAW AND JURISDICTION

The laws of England will govern this Agreement and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

ADDITIONAL TERMS & CONDITIONS FOR ADVERTISERS

GENERAL

GENERAL

You agree to be fully responsible for any claim, expense, liability, losses or costs, including legal fees, incurred by us arising from any infringement of the terms and conditions set out in this agreement.

As a condition of your use of this site you will not:

1) Post any unlawful, abusive, defamatory, obscene or indecent information or images.

2) Post or transmit any material or images of any kind that violates or infringes upon the rights of any other persons or any material that is protected via trademarks or any proprietary right, without receiving permission from the owner or relevant owner.

3) Post any url hyperlinks to any other web sites including your own website. This includes entering your website url in the text of a villa description or feature summary. Any hyperlinks to your website would be considered under our “resources section” or “contact us” and mutual link exchange program.

PRICING

Advertising prices are guaranteed for the duration of the subscription period usually 1 Year. All subscription periods are yearly and are to be paid yearly in advance. We reserve the right to change our prices by publishing them on the website and the revised prices will come into effect for all renewals and new subscriptions contracted after the published date.

For the avoidance of doubt, there is no notice period for advertising on the LTDL website. You will be issued an invoice / request for payment for a subscription renewal and it would be your decision to pay it or not to renew the service. There is no automatic renewal so you have no commitment past the paid for subscription. The subscription is for a year and is none refundable. You will have use of the Owner/Agency Login interface as long as you have a valid subscription. 

RESPONSIBILITY FOR ACCURACY AND CURRENCY OF PROPERTY INFORMATION:

All advertisements should comply with all relevant legislation, including the UK Trade Descriptions Act 1968 (which covers false descriptions) and the Consumer Protection Act 1987 (which covers misleading prices). The advertiser agrees to indemnify LTDL against all claims or costs arising out of any misleading information in the advertisement.

LTDL reserves the right to determine the design and layout of advertisements, and (at our discretion) make alterations to submitted text or photographs, should we consider any to be necessary. LTDL will not be held liable for any loss arising out of such alterations.

MODIFICATION

LTDL reserve the right to change any part of this agreement without notice. If you do not agree with the revised Terms and Conditions you have the right to be governed by the set of Terms and Conditions in force at the time of the commencement of your advert until such time as that advertising period expires. Any renewals of existing adverts or new adverts will be subject to the Terms and Conditions in force at the time of renewal

LIMITATION OF LIABILITY TO ADVERTISER

LTDL will under no circumstance be liable for indirect, special or consequential damages, including any loss of business, revenue, profits or data in relation to your use of the Website.

COPYRIGHT

All intellectual property of LTDL such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of LTDL.

By using the Website you agree to respect the intellectual property rights of LTDL and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website. LiveTheDream.Com is designed for private use by persons searching for holiday or vacation homes.

The advertiser represents and warrants that he:

(1) Owns the copyright in the photographic and textual material (content) that is uploaded or entered onto the LTDL website or supplied by him to LTDL (the Material and Text) or

(2) Has been authorised by the owner of the copyright in the Material to grant LTDL permission to use the Material as contemplated below.

The advertiser grants LTDL a perpetual, royalty-free licence to use the Material for promotional purposes (including public relations material and marketing). The advertiser irrevocably and unconditionally indemnifies LTDL immediately on demand against any cost, loss or liability (including legal costs), which LTDL may incur by reason of any breach of copyright arising from its use of the Material. The advertiser understands that it may not reproduce photographic or textual material from any part of the LTDL website without permission from the relevant copyright owner.

PROVISION OF SERVICES

We endeavour to ensure that the Website will be available 24 hours a day, every day of the year but can not guarantee uninterrupted availability of the www.lievthedream.com Website and cannot provide any representation that using the Website will be error free. LTDL have complete discretion to add, modify, update or remove any part of this site without warning or liability arising from such action.

MARKETING