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You agree that by registering with Sea Play Homes, LLC. or using any of our websites, including this one (“SeaPlayHomes.com”), our mobile applications, premium services, or any content or information provided as part of the Sea Play Homes, LLC services (collectively, the “Company”, “Sea Play Homes”, or the “Services”), you are entering into a legally binding agreement with Sea Play Homes, LLC, 16192 Coastal Highway, Lewes, DE 19958, USA (“We”, “Us”, “Our”, and “Sea Play Homes”) based on each of the legal policies individually, and collectively, listed below, which is hereby incorporated by reference (collectively referred to as the “Agreement”), whether as a registered member of Our Services, as applicable (“Member”), or unregistered user (“Visitor”). If you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click “Register”, “Signup”, “List Your Home”, “Login” and do not access, view, download or otherwise use any of the Services webpage, content, information or services. By clicking”Register”, “Signup”, “List Your Home”, “Login” or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in these related webpages:

2.1. License and warranty for your submissions to Sea Play Homes

As between you and Sea Play Homes, you own the content and information you provide Sea Play Homes under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grantSea Play Homes a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly toSea Play Homes, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit toSea Play Homes, without any further consent, notice and/or compensation to you or to any third parties.

Pursuant to this license,Sea Play Homes may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.

Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

It is your responsibility to keep your Sea Play Homes profile information accurate and updated.

2.2. Service Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having account with Sea Play Homes, (3) are not a competitor of Sea Play Homes or are not using the Services for reasons that are in competition with Sea Play Homes; (4) will only maintain one account at any given time; (5) will use your real name and only provide accurate information to Sea Play Homes; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Sea Play Homes or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means 18 years old. However, if applicable law requires that you must be older than such ages in order for Sea Play Homes to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

2.3. Your Membership

The profile you create on Sea Play Homes will become part of Services and except for the content and information that you license to us is owned by Sea Play Homes. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your account to another party; and (5) not charge anyone for access to any portion of the Services, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account please visit your Account Settings page.

2.4. Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the Services.

2.5. Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Sea Play Homes storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Sea Play Homes does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here. Our refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Our Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your account settings under “Invoices” or by requesting one by contacting our Customer Support.

2.6. Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.7. Notifications and Service Messages

For purposes of service messages and notices about the Services, Sea Play Homes may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Sea Play Homes to an email address associated with your account, even if we have other contact information. You also agree that Sea Play Homes may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the postal service about your account or services associated with Sea Play Homes. Please review your settings on the Services to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

2.8. Sea Play Homes Applications

Sea Play Homes may offer the Services through applications built using Sea Play Homes platform (“Sea Play Homes Applications”). Examples of Sea Play Homes Applications include its smart phone applications. Sea Play Homes Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Sea Play Homes Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Sea Play Homes plugins that load in your browser may be communicated to us. Further, by importing any of your Sea Play Homes data through the Sea Play Homes Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Sea Play Homes account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Services through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

2.9. User-to-User Communication and Sharing

Sea Play Homes offers various forums such as Groups and User Activity, where you can post your observations and comments on designated topics. Sea Play Homes also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other Services, such as Groups and Company Pages. Sea Play Homes members can create Groups and Company Pages for free, however, Sea Play Homes, in its sole discretion, may close or transfer Groups or Company Pages, or remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors, and Sea Play Homes cannot guarantee that other Members will or will not use the ideas and information that you share on Sea Play Homes, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Group, into your User Activity, or elsewhere on Sea Play Homes. SEA PLAY HOMES IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SERVICES.

2.10. Privacy

You should carefully read our full Privacy Policy before using Services as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Sea Play Homes, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Sea Play Homes may process such information, within the terms of the Privacy Policy.

2.11. Export Control

Sea Play Homes makes no claims or representations that our Services may be lawfully viewed or accessed outside of the United States. Access to the Sea Play Homes website and Services may not be legal by certain persons or in certain countries. By accessing the Services you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from the Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

2.12. Contributions to Sea Play Homes

By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Sea Play Homes, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sea Play Homes is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sea Play Homes shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sea Play Homes may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Sea Play Homes rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Sea Play Homes under any circumstances.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Sea Play Homes authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Sea Play Homes or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Services contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from the Services commercially unless expressly authorized by Sea Play Homes) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Sea Play Homes and all related items, including any and all copies made of the Sea Play Homes websites.

4.1. Services Availability

For as long as Sea Play Homes continues to offer the Services, Sea Play Homes shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Services as they may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on the Services or by direct communication to you unless otherwise noted.

Sea Play Homes further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Sea Play Homes to be contrary to this Agreement. For avoidance of doubt, Sea Play Homes has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Sea Play Homes may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

4.2. Third Party Content, Sites and Developers

By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.

Sea Play Homes may include links to third party web sites (“Third Party Sites”) on our Services. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Sea Play Homes is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to use Third Party Sites, you do so at your own risk and agree that your use is on an “as-is” basis without any warranty as to the Third Party Sites’ actions, and that this Agreement does not apply to your use of any Third Party Site. Please note: If you allow a Third Party Site to authenticate you or connect with your account, that application or website can access information on the Services related to you and your connections.

4.3. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Service, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. Connections and Interactions with other Members

You are solely responsible for your interactions with other Members. Sea Play Homes may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Sea Play Homes reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if We determine, in our sole discretion, that doing so is necessary to enforce this Agreement.

4.5. Intellectual Property Notices

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Sea Play Homes or others used on this Site and in the Services are the property of Sea Play Homes or their respective owners. You may not remove or alter any Trademark. You may not use any Trademark displayed on the Services or in the Services without the express prior written permission of Sea Play Homes or the respective owner, and nothing contained on the Services or in the Services grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks, except for the limited license granted to you in Section 3. All of the documents appearing on the Services and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Sea Play Homes, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SEA PLAY HOMES OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SEA PLAY HOMES AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEA PLAY HOMES DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SEA PLAY HOMES AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SEA PLAY HOMES OR ANYTHING RELATED TO SEA PLAY HOMES, YOU MAY CLOSE YOUR SEA PLAY HOMES ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SEA PLAY HOMES IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES OR SEA PLAY HOMES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SEA PLAY HOMES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SEA PLAY HOMES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SEA PLAY HOMES DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SEA PLAY HOMES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SEA PLAY HOMES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SEA PLAY HOMES SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Sea Play Homes nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Sea Play Homes Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, or any of the content or other materials on, accessed through or downloaded from the Services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  • Not apply to any damage that Sea Play Homes or the Services may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
  • Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7.1. Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to Sea Play Homes pursuant to Section 9.3. This notice will be effective upon Sea Play Homes processing your notice. Sea Play Homes may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Sea Play Homes or the party paying for the services may terminate your access to any Premium Services. Termination of your account includes disabling your access to the Services and may also bar you from any future use of Services and/or Sea Play Homes.

7.2. Misuse of the Services

Sea Play Homes may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Services messaging services; creating multiple or false profiles; using the Services commercially without Sea Play Homes’ authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Sea Play Homes, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Sea Play Homes has adopted a policy of terminating accounts of Members who, in Sea Play Homes’ sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

7.3. Effect of Termination

Upon termination of your account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).

8.1. Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Delaware regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Sea Play Homes agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Sussex County, Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Sea Play Homes agree to submit to the personal jurisdiction of the courts located within Sussex County, Delaware for the purpose of litigating all such claims. Notwithstanding the above, you agree that Sea Play Homes shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.2. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9.1. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. Language

Where The MBJ Group has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional Terms of Use for Premium Services, will govern your relationship with The MBJ Group.

9.3. Notices and Service of Process

In addition to Section 2.7. (“Notices and Service Messages”), we may notify you via postings on the Services or another Sea Play Homes site or app. You may contact us here. Or via mail or courier at: Sea Play Homes, LLC., 16192 Coastal Highway, Lewes, DE 19958, USA. Additionally, Sea Play Homes accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

9.4. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Sea Play Homes regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sea Play Homes services, third-party content or third party software.

9.5. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting the Services or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.6. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

9.7. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Sea Play Homes for any third party that assumes our rights and obligations under this Agreement.

9.9. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

As a condition to access the Services, you agree to these Terms of Use and to strictly observe the following DOs and DON’Ts:

10.1. Do undertake the following:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and update it as necessary;
  • Review and comply with Our Privacy Policy;
  • Review and comply with notices sent by Sea Play Homes concerning the Services;
  • Use the Services in a professional manner; and
  • Use your real name on your profile.

10.2. Don’t undertake the following:

  • Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Services;
  • Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  • Create a Member profile for anyone other than a natural person;
  • Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;
  • Invite people you do not know to join your network;
  • Upload a profile image that is not your likeness or a head-shot photo;
  • Use or attempt to use another’s account or create a false identity on the Services;
  • Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
    • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Services);
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation. This prohibition includes but is not limited to (a) using the Services invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using the Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
    • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Sea Play Homes or any user of the Services;
    • Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
    • Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
  • Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Sea Play Homes;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • Utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in Sea Play Homes’ sole discretion, with Sea Play Homes;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by Sea Play Homes unless you have entered into a written agreement with Sea Play Homes;
  • Adapt, modify or create derivative works based on the Services or technology underlying the Services, or other Members’ content, in whole or part;
  • Rent, lease, loan, trade, sell/re-sell access to the Services or any information therein, or the equivalent, in whole or part;
  • Sell, sponsor, or otherwise monetize the Services, or functionality of the Services, without the express written permission of Sea Play Homes;
  • Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Sea Play Homes web page other than Sea Play Homes’ home page) unless expressly authorized in writing by Sea Play Homes or for the purpose of promoting your profile or a Group on the Services as set forth in the Brand Guidelines;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including those of both Sea Play Homes and any of its licensors;
  • Remove, cover or otherwise obscure any form of advertisement included on the Services;
  • Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services, or Sea Play Homes, except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  • Share information of non-Members without their express consent;
  • Infringe or use Sea Play Homes’ brand, logos or trademarks, including, without limitation, using the word “Sea Play Homes” in any business name, email, or URL or including Sea Play Homes’ trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Sea Play Homes;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the site;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services, unless explicitly permitted by Sea Play Homes;
  • Access, via automated or manual means or processes, the Services for purposes of monitoring the Services’s availability, performance or functionality for any competitive purpose;
  • Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of Sea Play Homes’ website;
  • Attempt to or actually access the Services by any means other than through the interfaces provided by Sea Play Homes such as its mobile application or by navigating to the Services using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Sea Play Homes;
  • Attempt to or actually override any security component included in or underlying the Service;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Sea Play Homes’ infrastructure, including, but not limited to, sending unsolicited communications to other Members or Sea Play Homes personnel, attempting to gain unauthorized access to the Service, or transmitting or activating computer viruses through or on the Service; and/or
  • Interfere or disrupt or game Sea Play Homes or the Services, including, but not limited to, any servers or networks connected to the Service, or Sea Play Homes’ search algorithms.

This Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Sea Play Homes provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures can be found here: DMCA Policy.

Sea Play Homes hereby grants you a limited, terminable, non-exclusive right to access and use the Services only for your internal business use seeking renters for properties directly or indirectly owned by you. You agree that you have absolute permission to list any property on the Service and are authorized by the owner to manage listings and booking requests a property. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Sea Play Homes to any third party without the express written authorization of Sea Play Homes. You agree that you are solely responsible for the content of any document you post to the Services and any consequences arising from such posting. Sea Play Homes reserves the right to suspend or terminate your access and use at any time if Sea Play Homes determines that you are in breach of this Agreement.

You are solely responsible for your postings on the Sea Play Homes website and Services. Sea Play Homes is not to be considered to be an agent, contractor, or manager with respect to your use of the Services and Sea Play Homes shall not be responsible for any rental or listing decisions, for whatever reason, made by any entity posting properties on the Services.

You understand and acknowledge that if you cancel your account or your account is terminated, all your information from Sea Play Homes, including property listings, emails, booking requests, payment information, and contact requests will be marked as deleted and may be deleted from the Sea Play Homes’ databases. Information may continue to be available for some period of time because of delays in propagating such deletion through the Sea Play Homes’ web servers.

A Property Listing may NOT contain:

  • any hyperlinks, other than those specifically authorized by Sea Play Homes;
  • misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the property being presented, as determined in Sea Play Homes’ reasonable discretion;
  • the names, logos or trademarks of unaffiliated companies, except where expressly agreed by Sea Play Homes;
  • more than one property or property description, more than one location, unless the Service so allows;
  • inaccurate, false, or misleading information; and
  • material or links to material that exploits people in sexual, violent or other manner, or solicits personal information from anyone under 18.

You may not use the Services to:

  • post properties in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  • post properties that require citizenship of any particular country or lawful permanent residence in a country as a condition of renting, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
  • post properties that include any screening requirement or criterion in connection with a renting a property where such requirement or criterion is not an actual and legal requirement of the posted job;
  • post advertisements for competitors of Sea Play Homes or post other content that contains links to any site competitive with Sea Play Homes;
  • sell, promote or advertise products or services;
  • post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing (“MLM”) opportunity, or sales representative agency arrangement;
  • post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
  • post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  • advertise sexual services or seek tenants for jobs of a sexual nature;
  • endorse a particular political party, political agenda, political position or issue;
  • promote a particular religion;
  • post properties located in countries subject to economic sanctions of the United States Government; and
  • except where allowed by applicable law, post properties which require the renter and/or tenant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (viii) age.

Sea Play Homes reserves the right to remove any property listing or content from the Services, which in reasonable exercise of Sea Play Homes’ discretion, does not comply with the above Agreement, or if any content is posted that Sea Play Homes believes is not in the best interest of Sea Play Homes.

If at any time during your use of the Service, you made a misrepresentation of fact to Sea Play Homes or otherwise mislead Sea Play Homes in regards to the nature of your business activities, Sea Play Homes will have grounds to terminate your use of the Services.

Sea Play Homes, LLC

16192 Coastal Highway
Lewes, DE 19958

help@seaplayhomes.com