Zurfers – Company – we – us: means Zurfers Inc. a corporation organized and existing under the laws of the State of Delaware, United States of America.
Exchange: users may interchange their Property through the Website by: (i) exchanging their properties or timesharing weeks with the properties or timesharing weeks offered by other user in the Website (per to per); or (ii) participating in a Z Points Exchange system whereby individuals may pledge their Properties or Timesharing Weeks in return for Z Points which can then be used to book a stay in the Properties of another individual.
Guest: means every user who decides to sign an Exchange contract with a Host to stay in the Property or Timesharing Weeks offered in exchange by the Host, as well as the related services offered by Zurfers. The Guest has access to the message service and the necessary information to get in touch with other Guests, as well as with the Hosts.
Host: means every user who is providing a Property or Timesharing Weeks for Exchange. Only the Host can decide about the Exchange of their property through the Website. Zurfers will allow the Host the access to the message service and the necessary information to contact other Hosts, as well as Guests. The Host guarantees that any list published on the website is (i) in accordance with any agreement that the Host has executed with third parties, hotels, condominiums, community of owners, etc. and (ii) adjusted to applicable laws, as well as regulations, rules, tax requirements, licenses and registrations.
Information Posted: means the content and data provided by third parties, including materials provided by other users, Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. Also includes all statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company.
Listing: means the Property or Timesharing weeks published by the user in their Zurfers account which are offering for the Exchange. Listings may include, without limitation, homes, townhomes, condos, apartments and timeshare resort properties.
User – users – You – your – yourself: means the person registered in the website that has created an account successfully and is encouraged to use our site as a means to build relationships with other like-minded users, primarily for the purpose of offering to host other users as guests in their property and/or Exchange their Properties, Timesharing Weeks or other accommodations. users can use this Website to communicate with other users and gather useful travel information.
Z Points: mean the unit of measure designed by Zurfers that quantifies the right to Exchange due the time and lodging. This Z Points are provided by ZURFERS through the Z Point’s acquisition systems available on the Website. Users can afford Z Points by (i) participating as Host in a Z Points exchange system; (ii) buying Z Points directly from the Website, and (iii) as a user’s reward form Zurfers.
Property / Properties: means a single building, a house, an apartment, a boat etc. that can be inhabited and that the user is the owner or tenant and has the legal capacity to rent it.
Timesharing weeks: mean a hotel reservation already confirmed for a period of a week (could be less or more) that the user is the owner and has the legal capacity to transfer it, in accordance to the timeshare contract executed with the hotel.
User – Users: is referred to people that use the Website but have not elected to join as a user. Users may be offered access to certain pages similar to those offered to users, but full privileged access is for users only, in its sole and absolute discretion. When using the Website, Users agree to comply with all of the requirements herein.
User Contributions: mean the materials, pictures, Listing of Properties or Timesharing hotels, message boards, chat rooms, profiles, reviews, and other interactive features submitted, publishes, displayed, transmitted or posted by the users on or through the Website.
This Website is offered and available to people who are 18 years of age or older and reside in the United States or any of its territories or possessions and owns a property or timeshare week and is willing to offer it for Exchange. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
This Website is designed: (i) to introduce users who wish to Exchange their Properties or Timesharing Weeks for traveling travel/lodging; (ii) to allow users to directly Exchange their Properties or Timesharing Weeks or to participate in a Z Points Exchange system whereby individuals may rent their Properties or Timesharing Weeks of another individual; (iii) to connect you and other users and to facilitate the Exchanges.
When you start to use the Website or when you make or accept any transactions through the Website, you are entering into a contract directly with others user. Zurfers is not and does not become a real estate broker, a party to or other kind of participant in any contractual relationship between you and other website user. Zurfers does not make statement (express or implied) that your use of the exchange services will produce and / or generate any particular outcome.
Please be aware that Zurfers has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Property or Timesharing Week or any Information Posted by the website user, (ii) the truth or accuracy of the property or timesharing week descriptions, ratings, reviews, pictures or other User Contributions (as defined below), or (iii) the performance or conduct of any website user or third party. You should always exercise due diligence and care when you make or accept any transactions through the Website. The unique object of the Website is to establish a connection between people who are interested in sharing their properties or timesharing week with others.
You in your sole discretion will set up the terms and conditions of each Exchanges that have been executed through the Website such as, general terms and condition, occupancy, time of permanence, insurances, guarantee and responsibility for the maintenance and care of the properties, etc. ZURFERS will not be responsible for the fulfillment of the arrangement and /or agreement that the parties have been agreed for each Exchange, nor for any losses and damages neither for any other type that some of them have suffered during the exchange.
Neither users of this Website could be considered as an employee, agent, common partner or partner of Zurfers for any reason. Each user of the Website acts exclusively on their behalf, name and for their own benefit, and not in name, or for the benefit of Zurfers. When you become a user your relationship with the Company is strictly limited to being a customer of the Website as an independent agent with no relationship with the Company. Each user is acting on their own interests.
Due to the global nature of the Internet services, Zurfers does not endorse any user, neither the Information Posted by them. Being a user only indicates that the person has completed a verification or identification process that could not be considered as an endorsement, certification or guarantee by Zurfers about any users, Users or third party, including their identity, background or whether the users is trustworthy or safe.
As a User or as a user you agreed not to use any of the Website to violate any applicable law and not to post or send any content or engage in any conduct that subjects Zurfers to any threat of civil or criminal penalties. Furthermore, that you are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums, timeshare resorts and other common interest developments, and safety compliance.
You are responsible for conducting your own investigation regarding any and all claims and disclosures made by prospective Exchange, whether or not users, who have contacted you, and assume all liability for your use of any information appearing on the Website, as well as responsible for your communications and relationship with other users.
If you are a Host, you agree:
That any Listing you publish on the Website is posted for the primary purpose of seeking a Exchange with other users. Until you have agreed to Exchange, you are under no obligation to Exchange with any other user who has contacted you or whom you have contacted.
Not to advertise or solicit other users to buy or sell any products or services, other than your Listing as described in your Listing and via the Website.
To ensure that your Property or Timesharing Week is in a clean and tidy condition for your Guest and in the same or better condition than that shown in any photos included in your Listing.
To hold appropriate insurance cover in respect of your Property or Timeshare Weeks (and its contents) for when Guests are staying there.
At all times to treat your Guest with the utmost consideration, courtesy and respect.
To adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Guest regarding any Exchange.
To notify to the hotel the cession of the timesharing period in the favor of your Guest according with the procedure provided in your timesharing contract.
To inform the Guest about the hotel facilities, rules, additional fees, taxes, and any other relevant information related to the timesharing period; and that you have complied with all the laws, rules, general and special regulations, as well as the agreements signed with third parties (condominium, hotel, etc.) that rule the Property and Timesharing Week; and that you have also paid all taxes, fees, special contributions, exchange services, maintenance fees and other contributions that assure the Guest the peaceful enjoyment of his Exchange.
If you are a Guest, you agree:
To treat your Host's Property with the utmost care, and leave it in at least the same condition that it was in when you arrived.
To accept full responsibility for any damage whatsoever that you cause to the Property of your Host (or its contents), to notify your Host of any such damage within 24 hours and promptly to replace, repair or pay for the same (unless otherwise agreed).
To hold appropriate travel insurance in place to cover you in the event that an Exchange is cancelled (whether by you or the Host) or the Property you have booked becomes uninhabitable and/or unavailable.
To adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any Exchange; and to review, complete and respect any law, rule or general / special regulation that rules the property or the hotel in which the time sharing is located.
This is only for users who have listed their Property under the Z Points system. Z Points entitle the Guest to stay on the Property or in the place where the Timesharing is located of another user at the time of their election, provided that the chosen Property or Timesharing is available at that time and their Host accepts the exchange. Z Points are not transferable. Any maneuver to circumvent these rules (false sponsorship, creation of multiple accounts of a person, etc.) is prohibited.
Any activity on the Website (registering, completing the profile, verifying the profile, executing an exchange, etc.) allows users to accumulate Z Points . In the case of an Exchange, the Host will accumulate a certain amount of Z Points.
The amount of Z Points may vary according on the valuation of the Property or Timesharing Week. Capacity, size, facilities, location, season of the year, are few of the characteristics which are considering in the valuation. The Property and Timesharing hotels valuation rules are proposed by Zurfers and may be review and update from time to time in our sole discretion.
You may provide and list information on the Website about the Property or Timesharing Week which you would like to Exchange.
When creating a Listing, you agree to accurately describe your Property, as well as the Exchange opportunity. This includes an accurate description of the number and size of rooms, locations, facilities, amenities, etc . Any photos included in a Listing must be of the relevant Property and you must not add photos from any copyrighted service unless you have their permission - if you do so, we take no responsibility for any such practice. We also consider omissions of relevant information regarding a Property as being inaccurate.
You undertake to ensure that your contact details remain complete and accurate, and that the status of any Listing remains correct as regards its availability for exchange, and you further acknowledge that we reserve the absolute right to remove any Listing that we reasonably believe to be inaccurate or no longer available.
Whilst we hope, and use our reasonable endeavors to ensure, that all Listings are accurate and complete and provide a true representation of the relevant property or timesharing week and its condition, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.
If you agree to enter into an Exchange with another user or participate in a Z Points Exchange, the terms of the arrangement and/or agreement regarding that Exchange are solely between you and the other user. You acknowledge and agree, therefore, that we have no part in or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any other users, including the terms of any Exchange or the condition, availability or suitability of any property.
You also acknowledge and agree that personal information such as email addresses and phone numbers can only be exchanged between users once Exchanges have been fully agreed through the Website.
You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any person in respect of any arrangement, agreement, relationship or other dealings you may have with other users. You agree that you will not involve us in any dispute between you and any other user (except to the extent that we agree in writing to get involved in any such dispute).
If you are a Guest and have booked an Exchange:
You will have to confirm your Exchange once the Host accepts it, and pay the required transaction fees. If you are participating in a Z Points Exchange we will debit from your Z Points account, the number of Z Points explicitly stayed on the Listing; If the Host cancels an Exchange which has already been accepted and confirmed, we will use our reasonable endeavors to find you an alternative Property or Timesharing Week of equivalent size and location for you to stay at. If we are unable to find you an alternative Property or Timesharing Week or you do not agree to any alternative found by us, we will credit your Z Points account with the appropriate number of Z Points and contact you to refund the transaction fee;
If you are a Host and have booked an Exchange:
You will have to confirm your Exchange once the Guest accepts it and pay the required transaction fee. If you are participating in a Z Points Exchange we will credit your Z Points account with the appropriate number of Z Points as set out on the Listing.
If, for any reason you cancel an Exchange (with or without justification), you will assist your Guest in making substitute arrangements, finding alternative accommodations, paying reasonable compensation for such accommodations if necessary, and/or by reimbursing your Guest for non-refundable travel expenses. At a user's request, Zurfers may assist in these efforts. If you fail to fulfill your obligations, as determined in the sole discretion of Zurfers, your Listing may be removed from the site and cancel you as a user.
In any case, you will lose the transaction fee and the Z Points awarded to you. If you have already redeemed the Z Points awarded to you in respect of the canceled Z Points , you may be required to re-publish your Property in return for an equivalent number of Z Points ;
In addition to pledging their Property in return for Z Points , users may purchase Z Points.
If you purchase Z Points:
Any such Z Points will be available for redemption as soon as they appear as credited in your Z Points account; Z Points can be used as part of the Service to book an Exchange. We will not refund to you the amount paid in respect of such Z Points.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website.
You agree not to create more than one account or use accounts other than those you have initially created, either of your own identity or of a third party. Any exception to this rule must be expressly authorized by Zurfers. Creating or using new accounts under your own identity or of a third party without Zurfers prior authorization, may result in the immediate suspension of your account as well as all associated services.
You can create your account in the Website using an email address and creating a username and password. Zurfers can also permit the creation of accounts through certain third-party social networking services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website, or portions of it, using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. You are liable for all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
We reserve the right to refuse service to anyone and terminate any user, for any reason, at our sole and absolute discretion. At any time we may suspend or terminate any Listing or user for any reason or for no reason at all, at our sole and absolute discretion.
Grounds considered for termination may include, without limitation, behavior Zurfers considers to be inappropriate, including in connection with the review of any dispute, and any action that we feel compromises the reputation or security of the Website, adversely affects other users or their property, or any action that we believe may be detrimental to Us. Zurfers further reserves the right to terminate any user if it determines, in Our sole and absolute discretion, that the user has violated this Agreement or if any information provided by a user is found to be materially misrepresented, or a user's Listing or actions are in violation of any law or any provision of this Agreement, including if such user's account has been suspended or terminated in the past.
Users may terminate their account. Should you choose to terminate your listing or profile, you may do so by simply deactivating your profile and listing.
All content within this Website, including information published in connection with each Listing, is exclusively made available to users for the purpose of arranging Exchanges between users. Correspondence between users should be for the purposes of arranging an Exchange or between and amongst users.
Zurfers does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM). Zurfers reserves the right to cancel any user that mentions Us, URLs, or any associated Zurfers email address in any SPAM e-mail message. Zurfers reserves the right to cancel any user that uses Us to send any solicitations other than personal Exchange requests or replies. Any violation of this paragraph shall subject the violator to severe penalties including a minimum of $450 per violation and you shall indemnify and hold Zurfers harmless from and against any and all costs and damages incurred by Us as a result of such violation.
Inquiries may be monitored and filtered by Us prior to delivery to users. Inquiries may be read by our staff users. Despite our efforts it is possible that some SPAM inquiries will be delivered, and also that some non-SPAM inquiries may not be delivered. We cannot be held responsible for undelivered inquiries or loses as a result of undelivered inquiries.
EMAILS SENT BETWEEN YOU AND OTHER USERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST AND MESSAGES YOU EXCHANGE.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, and not for further reproduction, publication or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
You grant to Us an irrevocable, non-exclusive and royalty-free right and license (but not obligation), in perpetuity throughout the world, to use, copy, perform, reproduce, promote, publish, display and distribute any intellectual property and all copyright, in and to, each and every photograph, video, and all information related to your Listing. You grant these rights to Us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph.
You are responsible for determining whether content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
The Company name, the term Zurfers, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local, or international law or regulation including (without limitation) any laws regarding the export of data or software to and from the US or other countries.
For the purpose of in any way exploiting, harming, or attempting to exploit or harm, minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including (without limitation) by using e-mail addresses or screen names associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined, solely by us, may harm the Company, users or Users; or expose them to any liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site, or interfere with any other party’s use of the Website, including his or her ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, “Trojan Horses,” worms, logic bombs, or other material which is malicious or technologically harmful.
Distribute of unsolicited commercial messages ("spam").
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Copy, modify and distribute content published by others users, as well as their email addresses or any private information.
Avoid measures that prevent or limit access to this Website.
Use the Website for any commercial or other purposes that are not expressly permitted by these Terms including activities of real estate brokers, buy or sell, rent or offer for rental Properties.
Use the Website in a manner that falsely implies Zurfers endorsement, partnership or otherwise misleads others as to your affiliation with us.
Collect information about Properties published in the Website in order to negotiate it outside this Website.
Obtain Z Points posting false Properties.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, profiles, reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, Listing of Properties (collectively, “User Contributions”) on or through the Website.
All content within this Website, including information published in connection with each Listing, is exclusively made available to users for the purpose of arranging Exchanges between users. Correspondence between users should be for the purposes of arranging an Exchange or between and amongst users.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Close accounts that have been inactive for more than 24 months.
Remove or refuse to post any User Contributions, in our sole discretion, for any or no reason.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action including (without limitation) referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting any of the foregoing, we have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIM RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any users or by any third party. We have no liability or responsibility whatsoever to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Provide false or misleading information to Zurfers or its users, including, without limitation the obligation to accurately describe your Listing on the Website and in all correspondence. All Listings shall reflect an accurate description of the property, including, without limitation, the type, number of rooms, locations, facilities and amenities. Any interior or exterior photos posted must be of the Property or Timesharing Week offered for Exchange, unless specifically indicated. The omission of any detail which a reasonable person may find relevant may be treated the same as an inaccurate description and subject to a user's termination and the Listing removed from the Website.
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual identity or orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property; or any other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity; or advocate, promote; or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person; or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
Give the impression that they emanate from, or are endorsed by, us or any other person or entity, if this is not the case.
Include mentions in the photos or publications providing your personal data or contact information in order to trade the Properties or Timesharing Weeks outside the Website such as: phone numbers, email addresses, user names in any social networks as well as links that refer to other sites.
In any case Zurfers keeps the right to remove, without prior notice, any content that is not compatible with the rules in force on this Website and / or is detrimental to the security of the site as well as other users or close your account.
Zurfers offers a contact service that allows users to keep in touch thought the Website solely for the purpose of arranging exchanges.
The exchanges of properties and timeshare weeks that have begun in the Website must be strictly executed through it. Failure to comply with this regulation could result in the closure of your account.
You may not communicate, include, or exhibit your contact information or personal data (names, telephone number, and address) before the exchange transaction.
You also agree not to send through the Communication Serve messages, information, data, invitations or any other kind of communications that are: unsolicited, advertising or other commercial promotions, announcements, charity request or petitions and /or otherwise inappropriate.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. But, without our express written consent you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed, or appear to be displayed, on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Florida in the United States but it may be used globally, however the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and you are responsible for compliance with all local laws and regulations.
You understand that we cannot, and we do not, guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or any other destructive code or impairment. You are solely responsible for implementing sufficient procedures and checkZ Points to satisfy your particular requirements for anti-virus protection and for accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND OF FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR YOUR INABILITY TO USE, OF THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO) PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA; WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Zurfers cannot be held responsible for any events that occur as a result of any relationship between users or Users using the Websites. Any disputes arising from the use of our website must be settled between the parties who directly participated in the Exchange, hospitality, house sitting or other use of the property in question. users shall use best efforts to attempt to resolve disputes arising out of or relating to the Exchange of Properties and Timesharing weeks by amicable discussion. If this is unsuccessful, Zurfers may volunteer to assess the arguments of the users and make suggestions for settlement, but it has no obligation to do so and any recommendation Zurfers has no binding authority; provided, however, the user may choose to terminate an account after assessing a dispute in its sole and absolute discretion. Zurfers does not assume any responsibility for subsequent resolution or failure to resolve.
If you have a dispute with one or more of our users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Zurfers cares about the inclusion and accessibility of all, even for those who have sensory or mobility limitations.
In order to facilitate the decision making of the Guests, ZURFERS encourages the Hosts to publish photographs showing special areas of the Properties, such as entrances, corridors, bathrooms, elevators, rooms, etc., and to publish photographs of the special facilities for disable people.
Zurfers is also working on the digital accessibility standards established in the Web Accessibility Initiative WAI, including investments in automated test tools which detect accessibility problems for disable people.
Zurfers recommends to you in taking an insurance contract to cover any damages or losses to the properties offered in exchange according to the applicable legislation, as well as carefully verifying the coverage of the insurance contract, especially referring to the losses and damages included in it.
Zurfers will not be responsible for losses and / or damages that are not covered by the insurance contract and in any case, the owners will be the only responsible for this.
Zurfers might offer to the website users an insurance service that would be an optional service with an independent payment.
If a dispute arises between any user or User of the Website or the services of Zurfers, any legal action will be brought exclusively in Miami, Florida United States of America, in accordance herewith and the laws of the state of Florida shall apply without regard to any other choice of law considerations. Any dispute between such parties, which arises out of or is related to this Agreement, shall be resolved by arbitration conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in name the city, county and state, using the American Arbitration rules of Commercial Arbitration. The parties shall be bound by the results of the arbitration. You agree to service of process by email to the email address you register with the Websites. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator's fees.
Waiver and Severability.
This website is operated by Zurfers, Inc. 175 SW 7th Street - Suite 1610 – Miami, Florida 33130
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Last modified: August 29, 2016
Zurfers, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website zurfers.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
When you interact with Social Media Networks such as Facebook, Instagram, Twitter, Pinterest and others
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries).
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at email@example.com.
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or any other identifier by which you may be contacted online or offline ( ”personal information” ).
That is about you but individually does not identify you, such as favorite travel destinations, restaurants, events, vacations categories.
About your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
From third parties, for example, our business partners.
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
Your reviews about the properties you visit and their owners.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
To notify you about a property that fits with your interests.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Zurfers’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Zurfers about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have [consented to/not opted out of] these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Zurfers, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes you can always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the registration form where we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the registration form where we collect your data. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org For this opt-out to function, you must have your browser set to accept browser cookies.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from users of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information.
You can review and change your personal information by logging into the Website and visiting your account profile page.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
You can request that your personal information be deleted. Just mail us to email@example.com. Please note that if you request the erasure of your personal information:
We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Zurfers Account for fraud or safety reasons, we may retain information from that Account to prevent that Member from opening a new Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep information for tax, legal reporting, and auditing obligations. Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Zurfers, even after your Account is canceled.
However, attribution of such information to you will be removed. Some copies of your information (e.g., log records) will remain in our database but are disassociated from personal identifiers. Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
Zurfers, Inc. takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
3250 Mary Street – Suite 100
Miami, Florida 33133
Telephone (305) 567-5576
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
3250 Mary Street – Suite 100
Miami, Florida 33133
Telephone (305) 567-5576
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under §512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. August 16, 2016