Viagem™ Terms of Use

Last Revised: 15 December, 2020

Viagem Inc. and its affiliates (“Viagem”, “we”, “our”, “Company”) welcome you (the “User(s)”, or “you”) to our online website at: https://www.stayviagem.com/ (the “Site”). Viagem is a hospitality company that offers short-term rentals for guests to stay in fully-furnished and stylishly designed apartments in prime urban locations (the “Services” as further detailed in Section 2 below). You may use the Platform and/or the Site in accordance with the terms and conditions hereunder (as such terms defined below). The term “User” or “you” refers to (i) Users visiting the Site; (ii) the users of the Service, as applicable.

1. Acceptance of the Terms

By entering to, connecting to, accessing or using the Site and/or the Services you hereby acknowledge that you have read and understood the following Terms of Use including the terms of our Privacy Policy at https://www.stayviagem.com/privacy-policy/ (collectively, the “Terms of Use”) and you agree to be bound by them and to strictly comply with all applicable laws and regulations regarding your use of the Site, Platform and/or the Services and the apartments you use in connection with the Services. You acknowledge that these terms constitute a binding and enforceable legal contract between Viagem and you.

IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICE.

The Services is not allowed for use by individuals who are under the age of twenty one (21) years old (see Section ‎10 below for further information).

2. Viagem Services

Viagem is an online booking platform (the “Platform”) that enables Users to book accommodation solutions (i.e. apartments, rooms or certain properties, etc.) (each, an “Apartment”) offered by Viagem or by third-party service providers through the Platform on a short-term lease basis.

Viagem may also offer Users with hospitality services such as: (i) accommodating in a serviced Apartment; (ii) professional cleaning services; (iii) quality bedding and linens; (iv) complimentary toiletries; (v) high-speed Wi-Fi;  (vi) secure, keyless entry; (vii) guest communication services and more (collectively, the “Hospitality Services”).

The Platform and the Hospitality Services shall be referred herein as, the “Services”.

By accepting these Terms of Use, you hereby represent that any and all information you provide in this Site or through the use of the Platform, is true and accurate. Any false or fraudulent information is prohibited.

2.1 Reservations

To reserve accommodation in an Apartment (the “Reservation”), you need to access and use the Platform, select the desired destination, the check-in and check-out dates, the number of the guests that intend to occupy the Apartment, and select the Apartment you wish to reserve (the “Reservation Procedure”). Following your confirmation of the Reservation, We will send you with a confirmation notice (the “Confirmation Notice”) to the e-mail address you provided.

You acknowledge and confirm that in order to prevent fraud and to provide our Users with a safe and secure experience, Viagem may (but is not obligated to): (i) ask you to provide additional information (including by providing a form of government identification if applicable); or (ii) conduct additional checks designed to help verify your identity; or (iii) screen your information and obtain public records or reports made out of such records with respect to criminal convictions, sex offenders registration, or any similar registration.

2.2 Fees and Payments.

We reserve the rights to: (i) determine pricing for the Services and any part thereof or any other product and/or service we may offer, if any; (ii) offer you with any Apartment that we believe that may meet your requirement and omit any Apartment from such offering; (iii) make or list any promotional advertisements as part of the Services.

As a consideration for the Services, you will be charged with fees with respect to its Services (“Base Fees”) and with additional charges (as applicable) that may be comprised of: occupancy taxes, hotel fees, service charge, cleaning fees, etc. (collectively, the “Additional Charges”).

2.3 Modification and Cancelations.

During your accommodation in an Apartment, you may submit a request to Viagem for extending your stay at the Apartment. Such request shall be submitted to Viagem at least 24 hours before the agreed checkout date and time. Viagem may extend or refuse to extend your accommodation at the Apartment, at its sole discretion.

You may also request to modify a Service provided or any part thereof. Viagem may accept or reject your request, at its sole discretion, and may separately charge for such change or additional Services provided.

2.4 Apartment Availability

In the event that the Apartment you have booked is not available for the period of Reservation or any part thereof, we will offer you to either: (i) cancel your reservation; or (ii) allow Viagem to make reasonable efforts to find you with a suitable, available Apartment. If you elect to receive full refund from us, you will be entitled to the exact Base Fees we have charged you. You hereby agree that you will not be entitled to any other fees or amounts relating to such Reservation. The Additional Charges may be refunded if the fees received against such charges were not already paid to any third-party.

2.5 Cancelation of Reservation

If you wish to cancel a Reservation you will be able to do so by providing us with a cancelation notice via e-mail.

You will be entitled for a full refund of the Base Fees if your cancelation request is made within forty-eight (48 ) hours after our Confirmation Notice. If you cancel within five days of the check in date, the first night is not refundable, but 50% of the nightly rate for the remaining nights will be refunded.

If you arrive and decide to leave early, 50% of the nightly rate for the nights not spent 24 hours after the cancellation is received, will be refunded.

If you repeatedly cancel reservations that were confirmed by us, we reserve the right to suspend or terminate your access to the Services at our sole discretion.

2.6 SMS Terms

For text messaging in the United States, by agreeing to, enrolling in, reserving a reservation, acknowledging, or otherwise consenting to receive one or more text messages or using a Viagem service in which Viagem sends one or more text messages, you accept these SMS Terms, consent to the handling of your personal information as described in the Viagem Privacy Policy. You allow Viagem to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your reservation. You authorize Viagem to include marketing content in any such messages. To opt out, reach out to Viagem via the contact us section.

Use Restrictions

Certain conduct is strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result (at Viagem’s sole discretion) in the termination of your access to the Site and/or Service and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the content on the Site, including any information, data available on the Site, software, photographs, videos, typefaces, graphics, music, sounds, and other material (the “Content”) and/or the Platform in any way, or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Viagem’s prior written consent; (iii) create a browser or border environment around Viagem Content (no frames or inline linking); (iv) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site or the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of this Site and/or the Platform, or and/or servers and/or networks that host this Site and/or the Platform or make this Site and/or the Platform available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content or this Site; (ix) frame or mirror any part of this Site and/or the Platform without Viagem’s prior express written authorization; (x) create a database or use any database by systematically downloading and storing all or any of the Content from this Site and/or the Platform; (xi) forward any data generated or downloaded from this Site and/or the Platform without the prior written consent of Viagem; or (xii) use this Site, Services and/or the Platform for any illegal, immoral or unauthorized purpose or in any torturous manner; (xiii) use the Site, the Services, the Content for non-personal or commercial purposes without Viagem’s express prior written consent; or (xv) infringe or violate any of the Terms of Use. You may not use our Services for any benchmarking or other competitive purposes.

4. Use of the Apartments

• You are solely responsible for leaving the Apartment in the condition that it was provided to you upon your arrival. You acknowledge and confirm that you are solely responsible for the acts and omissions of any individuals permitted by you to have access to the Apartment (or anyone on their behalf) (collectively the “Permitted Guests”).
• If Viagem believes, at its sole discretion, that you or any Permitted Guests caused any damage whatsoever to the Apartment during your stay in the Apartment, including but not limited to broken furniture or fixtures, damages to the walls or damages related to smoking inside the Apartment, Viagem may charge you payments related to such damage including all payments required to repair the damages.
• We reserve the right at all times during your occupancy period to permit other individuals to enter the Apartment, at any time in the following circumstances or for the following purposes: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity; (iii) to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv) upon your breach of any provision of this Agreement, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Apartment; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time in the event of an emergency.  You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Viagem and shall not direct any such communications to the landlord or to any other non Viagem staff in the property.
• You and your Permitted Guest(s) may use only the Apartment amenities (e.g., fitness room and gym equipment) that are described in your Confirmation Notice. You agree to comply and ensure all of your guests’ compliance with all of our and the applicable landlord’s rules with respect to your and your guests’ use of such amenities. You understand and agree that use of such amenities may be suspended if you or any of your guests violate any such rules. You shall be responsible for any damage to such amenities that you or any of your guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR PERMITTED GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE VIAGEM IN CONNECTION WITH ANY USE OF SUCH AMENITIES.
• You Reservation continues from 3 pm local time on your check-in date until 11 am local time on your check-out date. Early check-ins and late check-outs must be authorized in writing by You will be obliged to pay a late check out fee after 12 pm. The fee is the apartment’s base rate price for that day and does not entitle guest to stay that night. You must vacate the Apartment on the check-out date.
• You must comply with the occupancy limits detailed for the applicable Apartment and Confirmation Notice.
• You agree to abide by all rules and regulations set forth by local laws.
• High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
• Unfortunately, we cannot allow pets in our Apartments, other than service animals, unless explicitly agreed otherwise in writing by Viagem.
• Smoking or vaping is prohibited in our Apartments (including in balconies and common areas) unless otherwise agreed in writing by Viagem.
• You agree to refrain from any activities that would disrupt the peace of neighbors including in connection with excessive noise, smells, lights etc.
• You agree to comply with the property’s rules, including quiet hours, and to all local noise regulations.
• You may not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of Viagem. Any of these cases will allow Viagem to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and Viagem will not be legally responsible to find any alternative accommodation. You agree not to engage in activities that may disturb or threaten the rights, comfort, health, safety, or convenience of others including, but not limited to, by verbal or physical harassment; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in utility closets that house any gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or taking any action that would injure or derogate from our reputation in any way, including making any untrue allegations against Viagem to others, whether online or otherwise.
• Viagem can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest’s party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or any members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and Viagem will not be legally responsible to find any alternative accommodation.
• A breach of the aforementioned rules in this Section, may result in eviction with no liability on Viagem.
• Viagem is not responsible for keeping your belongings or any items of any party left behind.
• If there is damage to the Apartment, you agree to report it to us immediately.

5. Viagem Intellectual Property Rights

The Site, the Services, the Content, Viagem’s proprietary software and databases and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Viagem, and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions, as applicable. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Viagem’s proprietary rights, including Viagem’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms of Use. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Viagem or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content, and you represent and warrant that you will abide by all applicable laws in this respect.

You hereby grant us and our agents and affiliates, permission and a license to take, use, reuse, and publish the likeness of you and any minor occupants in all photographs or other electronic and/or digital media in any and all of our publications, including, without limitation, any website entries, advertising websites, and any other marketing materials. You understand and agree that these materials will become Viagem property and will not be returned. You agree to irrevocably authorize Viagem, its agents and affiliates, to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose whatsoever including, without limitation, promotional and advertising uses. You waive the right to inspect or approve the finished product, including any written or electronic copy, wherein your likeness appears now or in the future. In addition, you waive any right to payment, royalties, or any other compensation arising or related to the use of the media.

“Viagem” and all logos and other proprietary identifiers used by Viagem in connection with the Services (“Viagem Trademarks”) are all trademarks and/or trade names of Viagem, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Viagem Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Viagem Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

6. User Generated Content

6.1 The Platform may allow you to upload, post, publish and make available through it, your own copyrightable materials such as texts, images, photos, videos, strips and any other proprietary materials, including without limitation commenting and providing feedbacks to certain Apartments (the “User Generated Content”). Please be sure that while you use the Platform you respect the proprietary rights including any intellectual property and privacy rights of third-parties who have any rights with respect to the User Generated Content you uploaded to the Site. Viagem will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content and you shall fully indemnify Viagem for all losses and damages caused in connection with your User Generated Content.

6.2. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential.

6.3 You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Platform, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.

6.4 You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable the Platform to use the User Generated Content you upload and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.

6.5 You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Viagem to use or possess in connection with the Services (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

6.6 Although Viagem has no obligation to screen, edit or monitor any of the User Generated Content, Viagem explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site at your sole expense.

6.7 When you upload, post, publish or make available any User Generated Content on the Site or use such User Generated Content, you grant to: (i) Viagem an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Platform and/or Site, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Platform a non-exclusive and royalty-free license to access your User Generated Content through the Site and Platform and to use such User Generated Content solely for personal and non-commercial purposes. You understand that User Generated Content such as photos may also be shared with third-parties according the license given above. Company may publish and use any User Generated Content without the User prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.

6.8 Viagem takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the Site, or for any loss or damage thereto, nor is Viagem liable for any mistakes, defamation, libel, falsehoods, obscenity or pornography you or any other third party may encounter.

6.9 Any use of the Site or Platform in violation of the foregoing restrictions specified in this Section 6, constitutes violation of these Terms of Use and may result, inter alia, in termination or suspension of your rights to use the Site and/or Services.

7. Eligibility

To enjoy the Services, you must be over the age of twenty one (21) years old. Accessing or using the Services by anyone under twenty one (21) years old is expressly prohibited. By entering, using or accessing the Services you hereby warrant and represent that you are over twenty one (21) years old, and you are capable of entering into a valid and binding legal contract with Viagem. In the event that it comes to our knowledge that a person under the age of twenty one (21) years old is using the Services, we will prohibit and block such User from accessing the Services and will make all efforts to promptly delete any personal information with regard to such User.

8. Links to Third Party Websites

While using the Site you may encounter links to third party websites. Please be advised that such third-party websites are independent from the Site, and we assume no responsibility or liability whatsoever with regards to privacy matters or any other legal matter with respect to such third-party websites, except as required under applicable law. Viagem encourage you to carefully read the privacy policies and the terms of use of such websites. Viagem do not control, investigate, monitor, or check such third-party materials, and Viagem is not responsible for such materials or opinions expressed therein. The inclusion of the third-party materials on the Platform does not imply approval or endorsement of such materials or any part thereof by Viagem.

9. Availability

The Site and/or Platform availability and functionality depend on various factors, such as communication networks. Viagem does not warrant or guarantee that the Site and/or Platform will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

10. Changes to The Site and/or Platform

Viagem reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or Platform (or any part thereof) without notice, at any time. In addition, you acknowledge that the Content provided may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Viagem shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the Platform or the Content included in this Site and Platform.

11. Disclaimer and Warranties

VIAGEM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE PLATFORM AND/OR THE SITE.

THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING WITHOUT LIMITATION, THE QUALITY OF SERVICES. VIAGEM DISCLAIMS AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE AND/OR PLATFORM. VIAGEM DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE AND/OR THE PLATFORM. THE USE OF THE SITE AND/OR PLATFORM IS ENTIRELY AT YOUR OWN RISK AND VIAGEM SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

VIAGEM DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES AND/OR PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; VIAGEM MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR SERVICES AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES ON THIS SITE WITHOUT ANY NOTICE TO YOU.

VIAGEM DOES NOT WARRANT THAT ANY SELECTION OF AN APARTMENT MADE DURING THE USE OF THE PLATFORM AND/OR THE RESERVATION PROCEDURE AND/OR THE SITE, PRIOR TO THE RECEIPT TO BE PROVIDED TO YOU BY VIAGEM, SHALL BE CONSIDERED AS A BINDING CONTRACT, AND VIAGEM SHALL HAVE NO LIABILITY RELATING TO SUCH RESERVATION.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, THE SERVICES AND/OR PLATFORM, INCLUDING MAKING ANY RESERVATION IS ENTIRELY AT YOUR OWN RISK.

12. Limitation of Liability

IN NO EVENT SHALL VIAGEM, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE AND/OR SERVICES AND/OR THE CONTENT AND/OR ANY AND ALL INFORMATION WHICH DERIVES FROM THE USE OF THE SITE, THE SERVICES AND/OR PLATFORM, USE OR INABILITY TO USE THE PLATFORM, FAILURE OF THE SITE AND/OR PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF VIAGEM TO PERFORM UNDER THESE TERMS OF USE, ANY OTHER ACT OR OMISSION OF VIAGEM BY ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE USE OF ANY PRODUCTS AND/OR SERVICES PROVIDED TO YOU, OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF  VIAGEM’S AFFILIATES (IF APPLICABLE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RISK ARISING FROM YOUR USE AND/OR ACCESS TO OUR SERVICES, INCLUDING BOOKING, MAKING A RESERVATION AND/OR ACCOMMODATING AT THE APARTMENTS, AND IN NO EVENT SHALL VIAGEM, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF SUCH USE.

IN THE EVENT THAT VIAGEM IS FOUND LIABLE FOR DAMAGES IN CONNECTION WITH TERMS OF USE, OR WITH THE SITE OR WITH THE SERVICES, ITS TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID UNDER THE RESPECTIVE RESERVATION, IF SUCH WAS MADE.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Viagem and its officers, directors, employees, contractors, consultants, affiliates, subsidiaries and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site and/or Services; (ii) your violation of any term of these Terms of Use; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site and/or Services; and (iv) your violation of any third party rights; (v) any injury, death or damages sustained by any individual or entity, or to the Apartment if such injury, death or damages was caused by you or the Permitted Guests.

You will notify us promptly after the occurrence of an indemnifiable event and Viagem reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any matter otherwise and you agree to fully cooperate with our defense of any claims with respect to such indemnifiable event.

14. Misconduct and Copyright Agent

We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us; provided your report will not incur any liability. Viagem’s e-mail address for reporting any misconduct is: contact@www.stayviagem.com

Viagem respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to Viagem’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Viagem to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Viagem’s Copyright Agent can be reached through the address specified above.

In the event that Viagem receives notice regarding a copyright infringement, it may take any webpage down and/or remove any content in its sole discretion, with or without prior notice. In such case, a party that sees itself damaged by Viagem’s actions, may file a proper counter-notice in which you must include: (1) full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) consent to an appropriate judicial body; and (5) any other information required under the relevant applicable law. Viagem reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

15. Amendments to the Terms

Viagem may change the Terms of Use from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms of Use on the homepage of the Site or send you an e-mail regarding such changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our website. Otherwise, all other changes to these Terms of Use are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

16. Termination of Site’s Operation

At any time, Viagem may block your access to the Site and/or Services temporarily or permanently limit, suspend or terminate your access to the Services, for any reason, at its sole discretion, in addition to any other remedies that may be available to Viagem under any applicable law. Such actions by Viagem may be taken, inter alia, if Viagem deems that you have breached any of these Terms of Use in any manner, at Viagem’s sole discretion. Viagem may modify, alternate or change the Services or any part thereof, adding or removing features or functionalities, suspend or terminate the Services or any part thereof, at its sole discretion.

Additionally, Viagem may at any time, at its sole discretion, cease the operation of the Site and/or Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Viagem does not assume any responsibility or liability with respect to, or in connection with the termination of the Site and/or Services operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of these Terms of Use.

17. General

These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Delaware, United States without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of Delaware, United-States. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms of Use without Viagem’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use are the entire terms and conditions between you and Viagem relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Viagem. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms of Use or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of Use of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

In no event shall Viagem be liable to you or be deemed to be in any breach of this Terms of Use for any delay or failure to perform its obligations hereunder (including the performance of the Services), arising out of or caused by directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or Acts of God, epidemic disease, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. it being understood that Viagem shall use reasonable efforts to resume performance as soon as practicable under the circumstances.

This Agreement does not give you rights as a tenant in any form, under contract or under law, and Viagem retains the right to control, manage, and possess the Apartment. You do not have the right to exclude Viagem from the Apartment. You only right is for the designated use of the Apartment as detailed herein.

The waiver by Viagem of any breach by you of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same provision or any other provision in this Agreement.

18. For Information, Questions or Notification of Errors

If you have any questions (or comments) concerning these Terms of Use, you are welcome to send us an email to the following address and we will make an effort to reply within a reasonable timeframe: contact@stayviagem.com.

By submitting any feedback, including, but not limited to, comments, suggestions, and ideas (collectively, “Feedback”), to Us, you hereby acknowledge and agree that you automatically and irrevocably grant Viagem an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, fully paid up, perpetual, irrevocable right and license to use your Feedback, including, without limitation, all intellectual property or proprietary rights whatsoever contained in your Feedback, in any manner, including in advertisements and including for making derivatives thereof.