Legal Stuff

Terms of Service

1. Your relationship with Otalo.com. Your use of Otalo.com ("Services") is subject to the terms and conditions in this Terms of Service page ("Terms") from time to time. Otalo.com is owned and operated by Red Plum Technology, LLC, at Suite 206-195, 6 University Drive, Amherst, MA 01002 USA ('Red Plum'). Your use of the Services is acceptance of the Terms and agreement that Red Plum may change the Terms by posting them on this or any later page.

2. Provision of Services by Red Plum. You agree Red Plum may stop (permanently or temporarily) providing Services (or any part of Services) to you or to users generally at its' sole discretion without notice. You may stop using the Services at any time. You do not need to tell Red Plum when you stop using Services.

3. Use of Services. You may use Services only for purposes allowed by (a) the Terms and (b) any law or regulation that applies including laws and regulations on the export of data or software to and from the United States or other countries. You will comply with the instructions in any robots.txt file present on Services. You will not engage in any activity that interferes with Services or servers and networks connected to Services. You are solely responsible for any breach of your obligations under the Terms and all consequences including any damage Red Plum Technology may suffer. Red Plum is not responsible to you or any third party for any damage or liability from your use of Services or breach of these Terms.

4. Content in Services. The Services are a search engine tool. The Services includes Content, including hyperlinks to other websites such as Sources. The website the Content came from is called 'Source'. All Content provided by using Services are the sole responsibility of the Source it comes from. Red Plum has no control over any Content, Source, or Hyperlink and cannot be responsible for the accuracy of the Content. All Content should be verified on the source site. You may not modify, rent, lease, loan, sell, distribute or create derivative works based any part of Content unless you have been told in writing by Red Plum that you may do so or by the owners of that Content in a separate agreement.

5. Rental Transactions. You agree Red Plum is not a party to any rental transaction. We do not own or contract for any vacation rental property listed in Services. Services is only a place to allow you to find specific vacation rental properties you may research further by using the Hyperlink to Source. Source may, at their discretion, initiate rental transactions. Red Plum is not involved in or have any knowledge of any transaction between you and anyone. You agree Red Plum is not responsible for the availability or accuracy of any Content, Sources or Hyperlink. Red Plumb does not endorse any Content, Source or Hyperlink. You agree Red Plum is not liable for any loss or damage to anyone including you from the availability or use of any Content, Source or Hyperlink. You rely on any Content, Source or Hyperlink at your own risk. You agree Red Plum does not represent or warrant that any of the Content, Sources or Hyperlinks are true, accurate or up-to-date.

6. Proprietary Rights. You agree Red Plum or its' licensors own all legal right, title and interest in and to Services, including all registered and unregistered intellectual property rights. Nothing in Terms gives you a right to use any Red Plum trade name, trademark, service mark, logo, domain name, and other distinctive brand features.

7. No Warranties. Your use of Services is at your risk. Services is provided 'As Is' and 'As Available.' Red Plum and its licensors do not represent or warrant to you that: (a) Using Services will meet your requirements, (b) Your use of Services will be uninterrupted, timely, secure, or free from error, (c) Any information you get using of Services will be accurate or reliable, and (d) that defects in any software provided to you as a part of Services will be corrected. Red Plum disclaims all warranties and conditions of any kind, express or implied, including, but not limited to implied warranties and conditions and conditions of use, fitness for a particular purpose and non-infringement.

9. Limitation of Liability. You expressly agree Red Plum and any subsidiaries, affiliates or licensors are not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability. This includes all physical and intangible losses and any loss or damage from relying on the completeness or accuracy of any Content, Source, Hyperlink or advertising or from any relationship you form or transaction between you and any advertiser, Source or Hyperlink on Services.

10. Advertisements. Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information on Services, queries made through Services or other information. The manner, mode and extent of advertising by Red Plum on Services are subject to change without notice. In consideration for Red Plum granting you access to and use of Services, you agree Red Plum may place advertising on Services.

11. General. The Terms, and your relationship with Red Plum is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. You and Red Plum agree to submit to the exclusive jurisdiction of courts located in the Hampshire or Hampden County, Massachusetts to resolve any dispute arising from your use or the Terms. Notwithstanding, you agree Red Plum shall is allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Infringement Notification & Digital Millennium Copyright Act

It is our policy to respond to clear notices of alleged copyright infringement as suggested by the US DMCA. We will respond to notices of this type from other jurisdictions as well. To file a notice of infringement with us, you must provide a written communication (by regular mail -- not by email) that includes.

1. Identification in sufficient detail the original copyrighted work you believe has been infringed upon including the URL (for example, 'The copyrighted work at issue is the description of the property that appears on http://www.vacationexamplesite.com/41521.html').

2. Identification of the material on Otalo.com you claim is infringing the copyrighted work listed in item #1 above. You must identify the search result that directly links to a page that contains allegedly infringing material. This requires you to provide (a) the search query that you used, (b) the Otalo ID for each allegedly infringing property in the search result, and (c) which content on the property information in allegedly infringing.

If you are referring to all the properties from a specific Source (identified in #1), specify 'All properties from source site'. For example, 'All properties from source http://www.vacationexamplesite.com'.

3. Provide information reasonably sufficient to permit Otalo to contact you (email and mailing address).

4. Include the following statement: 'I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law, including any fair use or other defense. I swear under penalty of perjury that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and that I have made a good faith effort to determine that the use made is not subject to any fair use or other defense.'

5. Sign the paper and send the written communication to the following address:

  • * DMCA Complaints
  • * Red Plum Technology, LLC
  • * Suite 206-195
  • * 6 University Drive
  • * Amherst, MA 01002-3820

A copy of each legal notice Red Plum receives is sent to a third-party for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=4813.