Stay.com Terms of Service and User Agreement

Last revised March 27, 2009

This Terms of Service/User Agreement (TOS) governs the use of Stay.com online services, and includes, without limitation, the creation of travel itineraries and records (otherwise known as "stays"), as well as additional services both of a free and/or premium nature. Please read these terms and conditions carefully, so that a complete and transparent understanding can be had between our users and Stay.com the company.

The use of and/or registration with any of the Stay.com websites will constitute an ongoing acceptance of the TOS outline herein. If you feel you cannot accept these terms for any reason, please do not use Stay.com. These terms may be modified from time to time to facilitate the ongoing development of Stay, as well as to meet the needs of users and the community.

The most recent revisions of these terms will supersede any previous versions, and will appear on this page. It is the end user's responsibility to check the TOS for the most recent revisions, and as before, the user's continued use of Stay shall constitute acceptance of all changes to the TOS. A user’s failure to abide by any of the TOS may result in that user's suspension or termination from using Stay.com services, no matter where situated.

1. Creating Accounts - Account Registration

1.1. User Information

Stay.com requires that all users set up an account in order to use the services provided herein. Creating an account will require the creation of a password, a user ID, and other information needed to both establish the user's identity, as well as (in the case of premium services - credit card information). The user agrees to provide only accurate information and to update said information should a material necessity arise. Stay.com maintains sole discretion refusing certain user names or information that may represent a danger to any other user with regard to potential identity theft, possible offense, or otherwise impersonation of another user.

Additional information about personal information supplied by the user is contained in the Stay.com Privacy Policy

1.2. Registration Information and Confidentiality

Registering and/or setting up an account on the Stay.com requires that you be solely responsible for maintaining the confidentiality of your information. The user is solely responsible for use of the Stay services by you and/or anyone allowed to access the Stay via that user's login. The user may not sub-license, transfer, sell or assign their account or information to any third party, without the written consent of Stay.com. Attempting to do so will this user agreement.

1.3. Precautions for use via mobile applications

If the user believes for any reason that their account information is no longer secure (e.g., loss, theft or unauthorized disclosure or use of said information), the user must change the affected account settings and notify Stay.com via the appropriate contact methods listed on the about or other pages.

If the user elects to receive communication from Stay, to their mobile device, the user is are solely responsible for keeping the Stay updated as to their current phone number. Stay.com cannot be held liable for information sent to a device which has an outdated number. Also, if a user installs any software or enables any platform or service that stores information from the Stay on any mobile device or computer, it is the user's responsibility to remove their information, disable access, or otherwise ensure the prevention of unauthorized access to their account at Stay.com.

2. Using Stay.com Services

2.1. For legal, personal use only

Unless otherwise specified, Stay.com services are intended for your personal-noncommercial use only. As a user, you agree to use the Stay only within the law, acknowledge that failure to do so may subject you to civil and criminal penalties.

Users may not attempt any of the following in their use of Stay's services except as expressly authorized by Stay.com:

1. Access Stay.com in a manner not provided or authorized by Stay.com, +
2. Reproduce, duplicate, copy, sell, trade, resell or exploit the Stay services
3. Republish any information available on the various Stay.com sites
4. Use by minors - Stay.com services are not intended for users under the age of 18, Furthermore, Stay.com does not knowingly collect or make use of information from minor users. Minors are also expressly prohibited from submitting their information to us. In cases where such information is made evident to Stay.com, said information will be subject to possible deletion from our data bases.
5. End User Conduct - Users agree not to use Stay's services to upload, post, transmit, share, store or otherwise make available any content deemed to be harmful, threatening, inflammatory, harassing, vulgar, unlawful, defamatory, infringing, abusive, obscene, fraudulent, or an invasion of privacy, Additionally, hateful, or racially, ethnically or otherwise objectionable content shall be grounds for discontinuance of service. Users also agree not to carry out unsolicited advertising or other distribution/solicitation via the Stay.com services or any portion thereof.

3. Intellectual Property Rules, Rights, and Use

3.1. Use of Data and Materials

Stay.com sites contain material protected under state, national and international copyright, and other intellectual property laws. Users may not modify, copy, reproduce, republish, or otherwise transfer any such data or materials. Users may download material from the Stay for their own personal use, but these materials and services are intended for non-commercial use only. Users must maintain the integrity of any copyright or other proprietary notices.

3.2. Ownership and Use

Stay.com content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the site(s), is protected under applicable copyrights and other proprietary statutes. The copying, redistribution, or modification, up to and including alterations, except for the limited rights of use granted hereunder, are strictly prohibited.

3.3. Legal Compliance

Users agree to use Stay.com services only for purposes that are permitted by applicable law, rules or regulations, and as permitted by this agreement between the user and Stay.com.

3.4. Links to Other Domains

The user acknowledges that he/she understands that Stay.com does not condone or endorse content from other sites which are linked to via the Stay.com sites. Furthermore, Stay.com will not be responsible for the content or actions of websites beyond their control. User links to any other service or site is at your sole discretion and risk.

3.5. Interfering and Tampering

The user agrees not to disrupt, or in any way attack, modify or interfere with the Stay.com service or its associated software, hardware and/or servers in any way. Additionally, the user agrees not to interfere in any way with other user's use of these services. Tampering or altertering with information, materials or data on the service also represents a breach of this agreement. No access to Stay.com, other than connecting via web browser or http access is prohibited.

4. User Generated Content

4.1. User Responsibility

Stay.com users are solely responsible for the profiles, photos, reviews, messages, text, and all other content that they upload to the Stay websites, In addition, they are also responsible for data they publish or deploy via Stay.com's services, including sharing or posting to other sites. Stay.com may delete or remove (without notice) any such user content at our sole discretion, at any time, and for any reason.

4.2. User Content License

Stay.com users authorize our service to make copies of their content for purposes deemed necessary to post or otherwise store said content to said service. By posting user content to any part of Stay.com or its subsidiariaries, the user automatically grants and warranties that that user has the right to allow Stay.com license to said content however and wherever originally situated. Warranted users have the right to remove their content from the site(s), given the understanding that Stay.com cannot be held responsible or liable for any other person or party.

4.3. User Feedback, Suggestion and Comments

If a Stay.com user provides feedback, testimonials, comments, ideas, suggestions, ratings, reviews, or any similar or related information, said user agrees that all rights, title and interest in such submissions shall become the exclusive property of Stay.com, Further, Stay.com may use and/or share such submissions without further user consent. Stay.com shall not be obligated for any compensation with regard to said "suggestion" or commentary. If any user disagrees with these terms, said user should refrain from submitting such comments or feedback, as Stay.com has no desire to infringe in any way upon any users rights.

4.4. Intellectual Property Ownership

Stay.com does not assert any ownership over our user's content except those stipulations in section 4(cc). The user shall retain all rights of ownership to associated content or intellectual property, with the exception of stipulations agreed to herein. The user further warranties that none of their content infringes on the rights of any third party including; copyright, trademark, privacy, advertising or publicity, and all other proprietary rights either real or implied.

5. Copyright Issues - Resolution

Stay.com respects the intellectual property rights of others and to that effect, we prohibit users from uploading, posting or otherwise transmitting on our services any materials that violate another party's intellectual property rights. Given the nature of Stay.com's community aspect, its dependence on the content contributions of its users (in building "Stays", adding reviews, and a range of content specific functions), the service does endeavor continually to ensure the rights of others are honored and protected. As outlined below, a system for resolving any issues regarding copyright, Stay.com has set in place procedures for resolution.

Stay.com has only limited control over the validity of content, except were disputes arise out of natural business practice or that of the general upkeep of the services. Stay.com cannot be help responsible or liable for instances where intellectual property rights are concerned. However, Stay.com will always respect the rights of others, and give sufficient notice and proof of ownership, will take the appropriate action (eg. crediting the legal owners or removing said content), any user or third party who believes their legal rights have been infringed upon, in accordance with the Digital Millenium Copyright Act, or any other nationally/internationally recognized authority, should contact Stay.com at the appropriate points listed below.

Stay.com (appropriate title here ) Attn: Complaints (or similar department) Add exact mailing here Oslo, Norway Email: comlaints@stay.com Suggest phone as well with answering machine

6. Indemnification

As a user, you agree to indemnify Stay.com and its affiliates, employees, agents, representatives and third party service providers harmless with regard to any and all claims and liabilities (including attorneys fees) which may arise from your submissions or interactions with Stay.com. Stay.com cannot be help liable for user unauthorized user interaction, use of materials obtained from our services, or for any breach of this user agreement/TOS.

7. Disclaimers and Liability Limitations

Each user acknowledges that they are using Stay.com services at their own risk. Stay.com services are rendered to the user "as is", and Stay.com or its affiliates disclaim any and all warranties either expressed or implied. These include, but are not limited to; any guarantee of accuracy, title, merchantability, reliability, fitness of purpose, or any other warranty, either oral or written. Stay.com does not supply and warranty for the accuracy with regard to the correctness, completeness or even usefulness of the information contained within the Stay.com network of sites and services. Furthermore, Stay.com does not warrant uninterrupted use of the services it provides, nor do any of Stay.com's third party providers, affiliates, or partners. For the purpose of this agreement, uninterrupted service shall also apply to the loss of user information. The user is solely responsible for backing up their data, maintaining their itineraries, and in general for the accuracy of information provide to them via Stay.com and its affiliates.

The user, by proxy (in using said services), agrees to release Stay.com and its officers, representatives and other affiliates from claims, damages and demands arising from the use of Stay.com services.

8. Termination or Suspension of Service

Stay.com has the right to terminate and/or suspend any user's access for any or no reason, without notice.

9. Dispute Resolution

9.1. General

Disputes arising between users and Stay.com, shall be resolved via the most neutral and cost effective means possible. Therefore, the user and Stay.com, in accordance with these TOS, agree to resolve any claim in accordance with the following parameters. Stay.com strongly urges any user with a dispute to contact us immediately, before resorting to any of these alternatives.

9.2. Legal and Other Forums

This use agreement/TOS shall be governed by the laws of Norway, and where applicable, International Law. The user agrees that any claim or dispute against Stay.com be resolved by the appropriate court in Norway whenever possible, except as otherwise agreed upon according to the Arbitration Option below. The user further agrees to submit to the personal jurisdiction of the courts located within Norway for the purpose of adjudicating all such claims or disputes.

9.3. Arbitration Forum

Any claim against Stay.com, to resolve any dispute via a binding arbitration wherein appearance of the parties concerned is no required. For this resolution forum, and arbitrary dispute resolution (ADR) service shall be engaged.

9.4. Claims Filing

All claims a user brings against Stay.com must be resolved in accordance with this resolution section. Those claims brought in opposition to this section shall be construed as having been improperly filed. In these cases, Stay.com may, in accordance to all applicable law, be entitled to claim attorney's fees for for the adjudication of such claims. Stay.com shall be required to notify the user of any improperly file claim, in these instances.

10. About Stay.com and This Agreement

Stay.com is a Norwegian company. Stay, and EuropaReiser AS – the parent company, in the interest of our users, will be happy to discuss and or all aspects of this agreement where time permits. The appropriate channels of communication mentioned above, should be employed with regard to questions or any misunderstanding of the tenants of this user agreement/TOS.