Last Updated Date: 9/16/2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
Effective Date: June 9, 2016
TERMS OF SERVICE
If you are using this Airbnb Citizen website (formerly known as Airbnb Action) or any services offered through the website (collectively, the “Airbnb Citizen”), you are contracting with Airbnb, Inc. If you reside outside of the USA, you are contracting with Airbnb Ireland. If you initially reside in the USA and contract with Airbnb, Inc., but subsequently change your residence to outside of the USA, you will contract with Airbnb Ireland from the date on which your place of residence changes, and vice versa. (Airbnb, Inc. and Airbnb Ireland are each hereinafter referred to as “Airbnb”, “we”, “us”, or “our”.)
Airbnb (hereafter referred to as “Airbnb“, “we“, “us“, or “our“) operates Airbnb Citizen, which seeks to provide educational and advocacy opportunities dedicated to advancing your right to share your home or to share the home of others. By accessing or using Airbnb Citizen, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Airbnb Citizen Terms“). These Airbnb Citizen Terms govern your access to and use of Airbnb Citizen and constitute a binding legal agreement between you and Airbnb.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING AIRBNB CITIZEN OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE AIRBNB CITIZEN WEBSITE OR THROUGH AIRBNB CITIZEN, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB CITIZEN TERMS. IF YOU DO NOT AGREE TO THESE AIRBNB CITIZEN TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE AIRBNB CITIZEN.
Airbnb reserves the right, at its sole discretion, to modify Airbnb Citizen or to modify these Airbnb Citizen Terms, at any time and without prior notice. If we modify these Airbnb Citizen Terms, we will post the modification on the Airbnb Citizen website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Airbnb Citizen Terms. By continuing to access or use Airbnb Citizen after we have posted a modification on the Airbnb Citizen website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Citizen Terms. If the modified Airbnb Citizen Terms are not acceptable to you, your only recourse is to cease using Airbnb Citizen
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of Airbnb Citizen. You also agree to comply with Section 14 of the Airbnb Terms of Services which can be found here – https://www.airbnb.com/terms.
Airbnb Citizen is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that Airbnb Citizen, including all associated intellectual property rights, are the exclusive property of Airbnb and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Airbnb Citizen.
Airbnb Content and User Content License
Subject to your compliance with the terms and conditions of these Airbnb Citizen Terms, Airbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Airbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Content submitted by Airbnb Citizen users to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Airbnb Citizen, except as expressly permitted in these Airbnb Citizen Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Airbnb Citizen Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit user Content. By making available any user Content on or through the Airbnb Citizen, you hereby grant to Airbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user Content on, through, by means of or to promote or market Airbnb or the Airbnb Citizen. Airbnb does not claim any ownership rights in any such user Content and nothing in these Airbnb Citizen Terms will be deemed to restrict any rights that you may have to use and exploit any such user Content.
You acknowledge and agree that you are solely responsible for all user Content that you make available through Airbnb Citizen. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all user Content that you make available through the Airbnb Citizen or you have all rights, licenses, consents and releases that are necessary to grant to Airbnb the rights in such user Content, as contemplated under these Airbnb Citizen Terms; and (ii) neither the user Content nor your posting, uploading, publication, submission or transmittal of the user Content or Airbnb’s use of the user Content (or any portion thereof) on, through or by means of Airbnb Citizen will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Airbnb Citizen may contain links to third-party websites or resources. You acknowledge and agree that Airbnb is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airbnb of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Airbnb used herein are trademarks or registered trademarks of Airbnb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Airbnb Citizen (“Feedback”). You may submit Feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of Airbnb and you hereby irrevocably assign to Airbnb and agree to irrevocably assign to Airbnb all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Airbnb’s request and expense, you will execute documents and take such further acts as Airbnb may reasonably request to assist Airbnb to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Airbnb respects copyright law and expects its users to do the same. Please see Airbnb’s Copyright Policy at http://www.airbnb.com/terms/copyright_policy, for further information.
AIRBNB CITIZEN IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY THAT THE AIRBNB CITIZEN WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIRBNB MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE Airbnb Citizen.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH AIRBNB CITIZEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF AIRBNB CITIZEN AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF AIRBNB CITIZEN, INCLUDING, BUT NOT LIMITED TO, OTHER AIRBNB CITIZEN USERS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF AIRBNB CITIZEN USERS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF AIRBNB CITIZEN USERS, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AIRBNB CITIZEN. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER AIRBNB CITIZEN USERS, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF AIRBNB CITIZEN, INCLUDING, BUT NOT LIMITED TO, OTHER AIRBNB CITIZEN USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB. AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AIRBNB CITIZEN USER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF AIRBNB CITIZEN, AND ANY CONTACT YOU HAVE WITH OTHER AIRBNB CITIZEN USER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AIRBNB CITIZEN WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB CITIZENTERMS, FROM THE USE OF OR INABILITY TO USE THE AIRBNB CITIZEN, FROM ANY INFORMATION OBTAINED IN OR THROUGH THE AIRBNB CITIZEN, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER AIRBNB CITIZEN USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF AIRBNB CITIZEN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
AIRBNB SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB CITIZEN TERMS AND YOUR USE OF THE AIRBNB CITIZEN INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO ACCESS OR USE AIRBNB CITIZEN OR INTERACTIONS WITH ANY OTHER AIRBNB CITIZEN USERS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Airbnb Citizen or your violation of these Airbnb Citizen Terms; and (b) your user Content.
These Airbnb Citizen Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding Airbnb Citizen, and these Airbnb Citizen Terms supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding Airbnb Citizen.
You may not assign or transfer these Airbnb Citizen Terms, by operation of law or otherwise, without Airbnb’s prior written consent. Any attempt by you to assign or transfer these Airbnb Citizen Terms, without such consent, will be null and of no effect. Airbnb may assign or transfer these Airbnb Citizen Terms, at its sole discretion, without restriction. Subject to the foregoing, these Airbnb Citizen Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Citizen Terms, will be in writing and given by Airbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Airbnb Citizen website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Airbnb Citizen Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Citizen Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Airbnb Citizen (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Airbnb Citizen Terms.
Disputes will be settled in accordance with the provisions set forth in the “Disputes” section of the Airbnb Terms of Service, except that the arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section in this Airbnb Citizen Terms as to the types and the amounts of damages for which a party may be held liable.
Notwithstanding the provisions of the “Modification” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Airbnb Citizen Terms (or accepted any subsequent changes to these Airbnb Citizen Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Airbnb Citizen Terms (or accepted any subsequent changes to these Airbnb Citizen Terms).
The failure of Airbnb to enforce any right or provision of these Airbnb Citizen Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb. Except as expressly set forth in these Airbnb Citizen Terms, the exercise by either party of any of its remedies under these Airbnb Citizen Terms will be without prejudice to its other remedies under these Airbnb Citizen Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Citizen Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Citizen Terms will remain in full force and effect.
Additional Clauses for Users Contracting with Airbnb Ireland
The following paragraphs will apply if you are contracting with Airbnb Ireland.
The Controlling Law and Jurisdiction section shall be removed and replaced with the following: “Controlling Law and Jurisdiction The Airbnb Citizen Terms and your use of the Services are governed by and construed in accordance with the laws of Ireland, and the application of the United Nations Convention of Contracts for the International Sale of Goods (CISG) is expressly excluded. The choice of law does not affect your rights as a consumer according to the law applicable to your place of residence. If you are a consumer we both agree to submit to the non-exclusive jurisdiction of the Irish courts, which means that you may bring a claim in connection with these Terms in Ireland or in the EU country in which you live. If you are a trader all claims against us must be brought before a court in Ireland.
The Dispute Resolution section shall be removed and is not applicable.
If you have any questions about these Airbnb Citizen Terms, please contact Airbnb at [email protected]