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LawInformedAI 23

booking modifications , cancellations and refunds , resolution center

damage to accommodations , disputes between members

term and termination , suspension and other measures

1.1 the airbnb platform is an online marketplace that enables registered users -lrb- `` members '' -rrb- and certain third parties who offer services -lrb- members and third parties who offer services are `` hosts '' and the services they offer are `` host services '' -rrb- to publish such host services on the airbnb platform -lrb- `` listings '' -rrb- and to communicate and transact directly with members that are seeking to book such host services -lrb- members using host services are `` guests '' -rrb- .

host services may include the offering of vacation or other properties for use -lrb- `` accommodations '' -rrb- , single or multi-day activities in various categories -lrb- `` experiences '' -rrb- , access to unique events and locations -lrb- `` events '' -rrb- , and a variety of other travel and non-travel related services .

1.2 as the provider of the airbnb platform , airbnb does not own , create , sell , resell , provide , control , manage , offer , deliver , or supply any listings or host services .

hosts alone are responsible for their listings and host services .

when members make or accept a booking , they are entering into a contract directly with each other .

airbnb is not and does not become a party to or other participant in any contractual relationship between members , nor is airbnb a real estate broker or insurer .

airbnb is not acting as an agent in any capacity for any member , except as specified in the payments terms .

1.3 while we may help facilitate the resolution of disputes , airbnb has no control over and does not guarantee -lrb- i -rrb- the existence , quality , safety , suitability , or legality of any listings or host services , -lrb- ii -rrb- the truth or accuracy of any listing descriptions , ratings , reviews , or other member content -lrb- as defined below -rrb- , or -lrb- iii -rrb- the performance or conduct of any member or third party .

airbnb does not endorse any member , listing or host services .

any references to a member being `` verified '' -lrb- or similar language -rrb- only indicate that the member has completed a relevant verification or identification process and nothing else .

any such description is not an endorsement , certification or guarantee by airbnb about any member , including of the member 's identity or background or whether the member is trustworthy , safe or suitable .

you should always exercise due diligence and care when deciding whether to stay in an accommodation , participate in an experience or event or use other host services , accept a booking request from a guest , or communicate and interact with other members , whether online or in person .

verified images -lrb- as defined below -rrb- are intended only to indicate a photographic representation of a listing at the time the photograph was taken , and are therefore not an endorsement by airbnb of any host or listing .

1.4 if you choose to use the airbnb platform as a host or co-host -lrb- as defined below -rrb- , your relationship with airbnb is limited to being an independent , third-party contractor , and not an employee , agent , joint venturer or partner of airbnb for any reason , and you act exclusively on your own behalf and for your own benefit , and not on behalf , or for the benefit , of airbnb .

1.5 to promote the airbnb platform and to increase the exposure of listings to potential guests , listings and other member content may be displayed on other websites , in applications , within emails , and in online and offline advertisements .

to assist members who speak different languages , listings and other member content may be translated , in whole or in part , into other languages .

airbnb can not guarantee the accuracy or quality of such translations and members are responsible for reviewing and verifying the accuracy of such translations .

the airbnb platform may contain translations powered by google .

google disclaims all warranties related to the translations , express or implied , including any warranties of accuracy , reliability , and any implied warranties for merchantability , fitness for a particular purpose and noninfringement .

1.6 the airbnb platform may contain links to third-party websites or resources -lrb- `` third-party services '' -rrb- .

such third-party services may be subject to different terms and conditions and privacy practices .

airbnb is not responsible or liable for the availability or accuracy of such third-party services , or the content , products , or services available from such third-party services .

links to such third-party services are not an endorsement by airbnb of such third-party services .

1.7 due to the nature of the internet , airbnb can not guarantee the continuous and uninterrupted availability and accessibility of the airbnb platform .

airbnb may restrict the availability of the airbnb platform or certain areas or features thereof , if this is necessary in view of capacity limits , the security or integrity of our servers , or to carry out maintenance measures that ensure the proper or improved functioning of the airbnb platform .

airbnb may improve , enhance and modify the airbnb platform and introduce new airbnb services from time to time .

eligibility , using the airbnb platform , member verification

2.1 you must be at least 18 years old and able to enter into legally binding contracts to access and use the airbnb platform or register an airbnb account .

by accessing or using the airbnb platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract .

2.2 you will comply with any applicable export control laws in your local jurisdiction .

you also represent and warrant that -lrb- i -rrb- neither you nor your host service -lrb- s -rrb- are located or take place in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country , and -lrb- ii -rrb- you are not listed on any u.s. government list of prohibited or restricted parties .

2.3 airbnb may make the access to and use of the airbnb platform , or certain areas or features of the airbnb platform , subject to certain conditions or requirements , such as completing a verification process , meeting specific quality or eligibility criteria , meeting ratings or reviews thresholds , or booking and cancellation history .

2.4 user verification on the internet is difficult and we do not assume any responsibility for the confirmation of any member 's identity .

notwithstanding the above , for transparency and fraud prevention purposes , and as permitted by applicable laws , we may , but have no obligation to -lrb- i -rrb- ask members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of members , -lrb- ii -rrb- screen members against third party databases or other sources and request reports from service providers , and -lrb- iii -rrb- where we have sufficient information to identify a member , obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction -lrb- if available -rrb- .

2.5 the access to or use of certain areas and features of the airbnb platform may be subject to separate policies , standards or guidelines , or may require that you accept additional terms and conditions .

if there is a conflict between these terms and terms and conditions applicable to a specific area or feature of the airbnb platform , the latter terms and conditions will take precedence with respect to your access to or use of that area or feature , unless specified otherwise .

2.6 if you access or download the application from the apple app store , you agree to apple 's licensed application end user license agreement .

some areas of the airbnb platform implement google maps/earth mapping services , including google maps api -lrb- s -rrb- .

your use of google maps/earth is subject to the google maps/google earth additional terms of service .

airbnb reserves the right to modify these terms at any time in accordance with this provision .

if we make changes to these terms , we will post the revised terms on the airbnb platform and update the `` last updated '' date at the top of these terms .

we will also provide you with notice of the modifications by email at least thirty -lrb- 30 -rrb- days before the date they become effective .

if you disagree with the revised terms , you may terminate this agreement with immediate effect .

we will inform you about your right to terminate the agreement in the notification email .

if you do not terminate your agreement before the date the revised terms become effective , your continued access to or use of the airbnb platform will constitute acceptance of the revised terms .

4.1 you must register an account -lrb- `` airbnb account '' -rrb- to access and use certain features of the airbnb platform , such as publishing or booking a listing .

if you are registering an airbnb account for a company or other legal entity , you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these terms .

4.2 you can register an airbnb account using an email address and creating a password , or through your account with certain third-party social networking services , such as facebook or google -lrb- `` sns account '' -rrb- .

you have the ability to disable the connection between your airbnb account and your sns account at any time , by accessing the `` settings '' section of the airbnb platform .

4.3 you must provide accurate , current and complete information during the registration process and keep your airbnb account and public airbnb account profile page information up-to-date at all times .

4.4 you may not register more than one -lrb- 1 -rrb- airbnb account unless airbnb authorizes you to do so .

you may not assign or otherwise transfer your airbnb account to another party .

4.5 you are responsible for maintaining the confidentiality and security of your airbnb account credentials and may not disclose your credentials to any third party .

you must immediately notify airbnb if you know or have any reason to suspect that your credentials have been lost , stolen , misappropriated , or otherwise compromised or in case of any actual or suspected unauthorized use of your airbnb account .

you are liable for any and all activities conducted through your airbnb account , unless such activities are not authorized by you and you are not otherwise negligent -lrb- such as failing to report the unauthorized use or loss of your credentials -rrb- .

4.6 airbnb may enable features that allow you to authorize other members or certain third parties to take certain actions that affect your airbnb account .

for example , we may allow members associated with an enterprise -lrb- as defined in our privacy policy -rrb- to book for other members , or we may allow hosts to add other members as co-hosts -lrb- as defined below -rrb- to help manage their listings .

these features do not require that you share your credentials with any other person .

no third party is authorized by airbnb to ask for your credentials , and you shall not request the credentials of another member .

5.1 airbnb may , at its sole discretion , enable members to -lrb- i -rrb- create , upload , post , send , receive and store content , such as text , photos , audio , video , or other materials and information on or through the airbnb platform -lrb- `` member content '' -rrb- ; and -lrb- ii -rrb- access and view member content and any content that airbnb itself makes available on or through the airbnb platform , including proprietary airbnb content and any content licensed or authorized for use by or through airbnb from a third party -lrb- `` airbnb content '' and together with member content , `` collective content '' -rrb- .

5.2 the airbnb platform , airbnb content , and member content may in its entirety or in part be protected by copyright , trademark , and/or other laws of the united states and other countries .

you acknowledge and agree that the airbnb platform and airbnb content , including all associated intellectual property rights , are the exclusive property of airbnb and/or its licensors or authorizing third-parties .

you will not remove , alter or obscure any copyright , trademark , service mark or other proprietary rights notices incorporated in or accompanying the airbnb platform , airbnb content or member content .

all trademarks , service marks , logos , trade names , and any other source identifiers of airbnb used on or in connection with the airbnb platform and airbnb content are trademarks or registered trademarks of airbnb in the united states and abroad .

trademarks , service marks , logos , trade names and any other proprietary designations of third parties used on or in connection with the airbnb platform , airbnb content , and/or collective content are used for identification purposes only and may be the property of their respective owners .

5.3 you will not use , copy , adapt , modify , prepare derivative works of , distribute , license , sell , transfer , publicly display , publicly perform , transmit , broadcast or otherwise exploit the airbnb platform or collective content , except to the extent you are the legal owner of certain member content or as expressly permitted in these 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 terms .

5.4 subject to your compliance with these terms , airbnb grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferable license to -lrb- i -rrb- download and use the application on your personal device -lrb- s -rrb- ; and -lrb- ii -rrb- access and view any collective content made available on or through the airbnb platform and accessible to you , solely for your personal and non-commercial use .

5.5 by creating , uploading , posting , sending , receiving , storing , or otherwise making available any member content on or through the airbnb platform , you grant to airbnb a non-exclusive , worldwide , royalty-free , irrevocable , perpetual -lrb- or for the term of the protection -rrb- , sub-licensable and transferable license to such member content to access , use , store , copy , modify , prepare derivative works of , distribute , publish , transmit , stream , broadcast , and otherwise exploit in any manner such member content to provide and/or promote the airbnb platform , in any media or platform .

unless you provide specific consent , airbnb does not claim any ownership rights in any member content and nothing in these terms will be deemed to restrict any rights that you may have to use or exploit your member content .

5.6 airbnb may offer hosts the option of having professional photographers take photographs of their host services , which are made available by the photographer to hosts to include in their listings with or without a watermark or tag bearing the words `` airbnb.com verified photo '' or similar wording -lrb- `` verified images '' -rrb- .

you are responsible for ensuring that your host service is accurately represented in the verified images and you will stop using the verified images on or through the airbnb platform if they no longer accurately represent your listing , if you stop hosting the host service featured , or if your airbnb account is terminated or suspended for any reason .

you acknowledge and agree that airbnb shall have the right to use any verified images in advertising , marketing and/or any other business purposes in any media or platform , whether in relation to your listing or otherwise , without further notice or compensation to you .

where airbnb is not the exclusive owner of verified images , by using such verified images on or through the airbnb platform , you grant to airbnb an exclusive , worldwide , royalty-free , irrevocable , perpetual -lrb- or for the term of the protection -rrb- , sub-licensable and transferable license to use such verified images for advertising , marketing and/or any other business purposes in any media or platform , whether in relation to your listing or otherwise , without further notice or compensation to you .

airbnb in turn grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferable license to use verified images outside of the airbnb platform solely for your personal and non-commercial use .

5.7 you are solely responsible for all member content that you make available on or through the airbnb platform .

accordingly , you represent and warrant that : -lrb- i -rrb- you either are the sole and exclusive owner of all member content that you make available on or through the airbnb platform or you have all rights , licenses , consents and releases that are necessary to grant to airbnb the rights in and to such member content , as contemplated under these terms ; and -lrb- ii -rrb- neither the member content nor your posting , uploading , publication , submission or transmittal of the member content or airbnb 's use of the member content -lrb- or any portion thereof -rrb- 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 .

5.8 you will not post , upload , publish , submit or transmit any member content that : -lrb- i -rrb- is fraudulent , false , misleading -lrb- directly or by omission or failure to update information -rrb- or deceptive ; -lrb- ii -rrb- is defamatory , libelous , obscene , pornographic , vulgar or offensive ; -lrb- iii -rrb- promotes discrimination , bigotry , racism , hatred , harassment or harm against any individual or group ; -lrb- iv -rrb- is violent or threatening or promotes violence or actions that are threatening to any other person ; -lrb- v -rrb- promotes illegal or harmful activities or substances ; or -lrb- vi -rrb- violates airbnb 's content policy or any other airbnb policy .

airbnb may , without prior notice , remove or disable access to any member content that airbnb finds to be in violation of these terms or airbnb 's then-current policies or standards , or otherwise may be harmful or objectionable to airbnb , its members , third parties , or property .

5.9 airbnb respects copyright law and expects its members to do the same .

if you believe that any content on the airbnb platform infringes copyrights you own , please notify us in accordance with our copyright policy .

6.1 airbnb may charge fees to hosts -lrb- `` host fees '' -rrb- and/or guests -lrb- `` guest fees '' -rrb- -lrb- collectively , `` service fees '' -rrb- in consideration for the use of the airbnb platform .

more information about when service fees apply and how they are calculated can be found on our service fees page .

6.2 any applicable service fees -lrb- including any applicable taxes -rrb- will be displayed to a host or guest prior to publishing or booking a listing .

airbnb reserves the right to change the service fees at any time , and we will provide members adequate notice of any fee changes before they become effective .

6.3 you are responsible for paying any service fees that you owe to airbnb .

the applicable service fees are due and payable and collected by airbnb payments pursuant to the payments terms .

except as otherwise provided on the airbnb platform , service fees are non-refundable .

7.1 terms applicable to all listings

7.1.1 when creating a listing through the airbnb platform you must -lrb- i -rrb- provide complete and accurate information about your host service -lrb- such as listing description , location , and calendar availability -rrb- , -lrb- ii -rrb- disclose any deficiencies , restrictions -lrb- such as house rules -rrb- and requirements that apply -lrb- such as any minimum age , proficiency or fitness requirements for an experience -rrb- and -lrb- iii -rrb- provide any other pertinent information requested by airbnb .

you are responsible for keeping your listing information -lrb- including calendar availability -rrb- up-to-date at all times .

7.1.2 you are solely responsible for setting a price -lrb- including any taxes if applicable -rrb- for your listing -lrb- `` listing fee '' -rrb- .

once a guest requests a booking of your listing , you may not request that the guest pays a higher price than in the booking request .

7.1.3 any terms and conditions included in your listing , in particular in relation to cancellations , must not conflict with these terms or the cancellation policy you have selected for your listing .

7.1.4 pictures , animations or videos -lrb- collectively , `` images '' -rrb- used in your listings must accurately reflect the quality and condition of your host services .

airbnb reserves the right to require that listings have a minimum number of images of a certain format , size and resolution .

7.1.5 the placement and ranking of listings in search results on the airbnb platform may vary and depend on a variety of factors , such as guest search parameters and preferences , host requirements , price and calendar availability , number and quality of images , customer service and cancellation history , reviews and ratings , type of host service , and/or ease of booking .