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| Terms and Conditions |
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Welcome to MasterpieceRentals.com's website (the "Site"). To access this Site to buy or sell goods (collectively the "Services") you must first accept all of the terms and conditions of this Participation Agreement without exception. BY REGISTERING FOR AND USING THE SERVICES OF THIS SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. |
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Wilmington SEO & Marketing,
Inc owner of MasterpieceRentals.com (hereinafter
"MasterpieceRentals.com") may amend
this Participation Agreement and any policies
or guidelines governing the Site, at any time,
in its sole and absolute discretion. Any such
change will be effective at the time the decision
to make the change is reached, which may occur
prior to posting the change on the Site. Because
changes to policies and guidelines may be posted
without notice, you should frequently review the
Site to keep informed of all changes. YOUR CONTINUED
USE OF THIS SITE AND THE SERVICES FOLLOWING MASTERPIECERENTALS.COM'S
POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE
OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT
AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT,
DO NOT CONTINUE TO USE THIS SITE.
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| 1 |
Eligibility
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| 1.1 |
Use of the Services of
this Site is restricted to individuals who
can enter into legally enforceable agreements
under applicable law. Please do not use
this Site if you are a minor or are otherwise
incapable of entering into a legally binding
agreement.
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| 1.2 |
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You must register to sell
on this Site. To register, you must provide
your real name, address, phone number and
email address.
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| 2 |
Fee
Policy. |
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| 2.1 |
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By listing an item on
the Site, you authorize MasterpieceRentals.com
to charge your credit card for amounts due.
All fees are in U.S. Dollars unless stated
otherwise. This sale is final and not refundale.
The Fee Policy may change at any time. The
Fee Policy in effect on the date of listing
the item shall govern the transaction. We
recommend that you check the Fee Policy
prior to each time you participate in the
Services.
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2.2 |
If you do not receive paid bookings during
the course of your vacation rental listing
(5 times your listing fees), we will extend
your listing FREE for an additional year.
Property must be availablility for at least
6 months out of the year. The listing must
have maximum number of free photos and have
not received any discounts on the subscription.
The property must also have a minimum rental
period of 14 days or less. This new policy
applies to only paid listings from March
20011.
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| 3 |
MasterpieceRentals.com's
Role. |
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| 3.1 |
YOU ACKNOWLEDGE THAT USE
OF THE SITE AND SERVICES IS AT YOUROWN RISK.
MasterpieceRentals.com simply provides a
venue for Property Owners/Managers and Renters.
MasterpieceRentals.com is not involved in
the actual transactions between Property
Owners/Managers and Renters, and is not
the agent of, and has no authority for either
for any purpose. MasterpieceRentals.com
has no control over the quality, safety,
legality, or description of the items advertised
or sold and does not know whether any listing
is accurate, complete, misleading or deceptive.
Further, MasterpieceRentals.com has no control
over the ability of the Property Owners/Managers
to actually sell the items listed, or the
ability of the Renters to actually buy the
items and does not guarantee to any buyer
or seller that he or she will receive payment
for the item. Both Renters and Property
Owners/Managers acknowledge that MasterpieceRentals.com
is under no obligation to assure the performance
of any obligation of Renters or Property
Owners/Managers under this Participation
Agreement or applicable law. You should
always use caution in entering into any
agreement with another participant. You
may wish to use a third party escrow agent
to protect you in transactions.
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| 3.2 |
MasterpieceRentals.com,
LLC itself may participate on the site.
MasterpieceRentals.com will be treated as
any other Seller participating in the Services
of this Site. As a Seller, MasterpieceRentals.com
will abide by the same procedures and guidelines
required of all Property Owners/Managers,
notwithstanding any other terms and conditions
of this Participation Agreement.
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| 3.3 |
In addition, employees
of MasterpieceRentals.com are permitted
to participate in their personal capacity
(i.e., not as MasterpieceRentals.com employees,
representatives or agents) in the transactions
conducted through this Site.
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| 4 |
Illegal/Prohibited
Activities: |
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| 4.1 |
You are restricted to
use of the Site and Services in a lawful
manner for lawful purposes only. You agree
to comply with all applicable laws, statutes
and regulations regarding use of the Services
including listing, purchasing, and soliciting
offers to purchase.
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| 4.2 |
You agree not to engage
in any of the following prohibited activities:
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You shall not register
under a false name or use an invalid
or unauthorized credit card.
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You shall not represent
yourself under a false name, or impersonate
any participant, MasterpieceRentals.com
employee, officer, or any other person.
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You shall not use another
participant's password(s).
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You shall not list,
post, or transmit any item, link or
material that infringes a third-party
such as contractual rights, copyright,
trademark, patent, trade secret or other
proprietary rights (including rights
to publicity or privacy)
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You shall not list,
post, or transmit any item that is counterfeited,
illegal, stolen, or fraudulent.
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You shall not list,
post, or transmit any information that
in any way violates any privacy related
right belonging to any person, business,
or other entity under the common law
or codified laws or regulations of the
United States or another country or
under international law.
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| 4.3 |
You shall not list, post,
or transmit any information that reasonably
could be construed as false and/or defamatory
with respect to any person, business, governmental
or other entity product or service.
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| 4.4 |
You shall not list or
post any links to commercial or private
web sites for the purpose of advertising
non-MasterpieceRentals.com services.
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| 4.5 |
You shall not list, post,
or transmit any information that reasonably
could be construed as constituting evidence
of, or an element of, collusion, monopolization,
predatory conduct or pricing, a refusal
to deal, below-cost sales, price squeezing
or any other violations of any Federal,
state, or international law prohibiting
antitrust or anti-competitive activities
or unfair trade practices.
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You shall not manipulate
the price of any item.
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You shall not list,
post, or transmit any unsolicited advertising
or promotional materials or other forms
of solicitation.
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You shall not use the
Site or Services to harass, threaten,
abuse, embarrass or cause distress,
unwanted attention or discomfort to
any other person or entity by any means
including the use of vulgar, hateful,
abusive, threatening or otherwise objectionable
language or information.
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You shall not disrupt,
in any manner, the normal flow of the
Site or Services, or otherwise act in
any manner that interferes with other
participants’ use of the Site or Services.
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You shall not list,
post, or transmit any information that
contains any viruses, Trojan horses,
worms, time bombs, cancel bots or other
computer programs or files that are
designed to damage, interrupt or surreptitiously
intercept any system, data, or personal
information.
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You shall not compile
the personal data of any other participant
except to the extent necessary to complete
a transaction.
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| 5 |
MasterpieceRentals.com
Rights. |
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| 5.1 |
MasterpieceRentals.com
retains all rights permitted by law or otherwise
including, without limitation, the right
to immediately halt any listing or deny,
restrict or terminate your access to the
Site or Services in its sole and absolute
discretion (with or without cause or reason)
including, without limitation, if you engage
in any of the illegal or prohibited activities
enumerated in paragraph 4. MasterpieceRentals.com
also retains the right to delete any listing
or other information, in its sole and absolute
discretion (with or without cause) including,
without limitation, any such listing or
other information that violates this Participation
Agreement or is otherwise considered to
be offensive or unacceptable.
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| 6 |
Obligations
of Property Owners/Managers and Renters:
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| 6.1 |
Property Owners/Managers'
Obligations: Property Owners/Managers
are obligated to comply with all applicable
laws and all provisions of this Participation
Agreement.
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| 6.2 |
Renters' Obligations:
Renters are obligated to comply
with all applicable laws and all provisions
of this Participation Agreement.
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| 7 |
International
Listings. |
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| 7.1 |
Participants buying or
selling items internationally must comply
with all applicable laws including, without
limitation, all import and export laws.
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| 7.2 |
is required to pay Seller
in the currency Seller has specified.
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| 8 |
Sales/Use
Taxes. |
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| 8.1 |
You agree that it is the
responsibility of the Buyer and Seller to
determine whether any taxes (including,
without limitation, sales, use, or luxury
taxes) apply to the transactions and to
collect, report and remit the correct tax
to the appropriate tax authority. You also
agree that MasterpieceRentals.com is not
obligated to determine whether taxes (including,
without limitation, sales, use, or luxury
taxes) apply and is not responsible to collect,
remit or report any such taxes arising from
any transaction.
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| 9 |
Password
Security. |
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| 9.1 |
During the registration
process you will be asked to select a password.
You must use this password to gain entry
to the Site and Services. You are solely
responsible for maintaining the confidentiality
of this password and for any activity taken
under your password on this Site. You acknowledge
that MasterpieceRentals.com is not liable
to you or any third party for any losses
or damages arising from your failure to
comply with this paragraph.
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| 10 |
Privacy: |
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| 10.1
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Click here for our Privacy
Policy that is incorporated into this
Participation Agreement by reference. MasterpieceRentals.com
fully intends to respect the privacy of
all participants of the Site and Services
and will not randomly monitor or disclose
any activity or content associated with
this Site or Services. MasterpieceRentals.com,
however, reserves the right to monitor or
disclose any activity or content associated
with the Site or Services, if in our sole
and absolute discretion we believe it necessary
to do so including, without limitation,
to: (1) comply with applicable laws or regulations
or competent legal process; (2) protect
our rights under the Participation Agreement
or otherwise; or (3) protect a person as
physical safety, legal rights, or well being.
In addition, MasterpieceRentals.com reserves
the absolute right and discretion to disclose
the identity of a participant to third parties
in response to a valid legal subpoena and
to otherwise cooperate with legitimate police
inquiries and lawful civil proceedings.
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| 10.2 |
Further, unless otherwise
authorized, you agree not to use any information
regarding other participants, which is accessible
from the Site or disclosed to you by MasterpieceRentals.com
except as necessary to complete the transaction.
You agree not to use any such information
for purposes of solicitation, advertising,
unsolicited e-mail or spamming, harassment,
invasion of privacy or otherwise objectionable
conduct.
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| 11 |
Exclusion
of Warranties. |
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| 11.1 |
THE SITE AND SERVICES ARE PROVIDED ON AN
"AS IS,""AS AVAILABLE"
BASIS. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
ARE EXPRESSLY PROHIBITED BY LAW, MASTERPIECERENTALS.COM
MAKES NO WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET
YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE
OR OPERATE ERROR FREE;
THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED ON THE SITE WILL BE ACCURATELY
REPRESENTED BY PROPERTY OWNERS/MANAGERS,
LAWFUL TO SELL, OR THAT PROPERTY OWNERS/MANAGERS
OR RENTERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR
REMEDY IN TORT, WHETHER OR NOT ARISING FROM
THE NEGLIGENCE OF MASTERPIECERENTALS.COM
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| 11.2 |
MASTERPIECERENTALS.COM
IS NOT INVOLVED IN TRANSACTIONS BETWEEN
RENTERS AND PROPERTY OWNERS/MANAGERS OR
OTHER PARTICIPANT DEALINGS. IF A DISPUTE
ARISES BETWEEN ONE OR MORE PARTICIPANTS,
EACH OF YOU UNCONDITIONALLY RELEASES MASTERPIECERENTALS.COM
(AND ITS AGENTS, EMPLOYEES, AND AFFILIATED
COMPANIES, IF ANY) FROM ALL CLAIMS, DEMANDS,
AND DAMAGES (INCLUDING BOTH ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH DISPUTES.
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| 11.3 |
IN NO EVENT SHALL MASTERPIECERENTALS.COM
BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL
OR INDIRECT DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SITE, SERVICES OR THIS
PARTICIPATION AGREEMENT, OR FROM THE USE
OF OR INABILITY TO USE THE SITE OR SERVICES.
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| 11.4 |
MASTERPIECERENTALS.COM
MAY, AT ANY TIME, MODIFY, SUSPEND, OR DISCONTINUE
THE SITE OR SERVICES WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE THAT MASTERPIECERENTALS.COM
SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY LOSSESOR DAMAGES SUSTAINED
AS A RESULT OF ANY MODIFICATION, SUSPENSION
OR TERMINATION OF THE SITE OR SERVICES.
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| 12 |
Restrictions
on the Limitation of Damages. |
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| 12.1 |
IF YOU ARE IN A JURISDICTION
THAT PROHIBITS THE LIMITATION OF LIABILITY
FOR INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, THE PROVISIONS IN PARAGRAPHS 11.1,
11.2 and 11.3 MAY NOT APPLY TO YOU.
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| 13 |
Indemnification.
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| 13.1 |
You agree to defend, indemnify
and hold harmless MasterpieceRentals.com,
its subsidiaries, affiliates, officers,
directors, and employees and their respective
successors and assigns from all losses,
costs, liabilities, damages, claims, and
expenses of every kind and description including
reasonable attorneys fees made by any third
party due to or arising out of your breach
of this agreement, the documents it incorporates
by reference, or your violation of any law
or the rights of a third party.
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| 14 |
Copyright/Trademarks
and other Proprietary Information.
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| 14.1 |
Unless otherwise authorized
by MasterpieceRentals.com, this Site may
not be reproduced, duplicated, copied, sold,
resold or otherwise exploited for commercial
purpose.
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| 14.2 |
All the content included
on this site, such as, text, graphics, logos,
buttons, icons, images, audio clips, and
the compilation of such content is the exclusive
property of MasterpieceRentals.com and is
protected by U.S. and international copyright
laws. MasterpieceRentals.com or its software
suppliers own all the software used on this
site. This software is protected by U.S.
and international copyright laws. Any unauthorized
use of this content or software including
the reproduction, modification, distribution,
transmission, republication, display, or
performance of the content of this site
is prohibited.
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| 14.3 |
MasterpieceRentals.com
holds a license to use the trademarks "Masterpiece
Rentals" and" MASTERPIECERENTALS.COM"
in connection with certain services. Unauthorized
use of these trademarks in any manner likely
to cause consumer confusion or dilution
of these marks is prohibited.
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| 14.4 |
MasterpieceRentals.com
respects the intellectual property rights
of others. If you believe that your work
has been copied in a way that constitutes
copyright infringement, please contact us
immediately.
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| 14.5 |
MasterpieceRentals.com
does not assume any responsibility to undertake
any action upon any such notification under
Section 14.4 of this Participation Agreement.
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| 15 |
Licenses.
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| 15.1 |
By entering into this
Participation Agreement and listing an item,
you grant MasterpieceRentals.com a non-exclusive,
world-wide, royalty-free, perpetual, irrevocable,
right to exercise all copyright and rights
of publicity over the material displayed
in your listings or purchases in any existing
or future media, known or unknown, now or
at any later date.
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| 16 |
Miscellaneous.
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| 16.1 |
Applicable Law
. This Participation Agreement
shall be governed by the laws of the State
of Florida . You consent to the exclusive
jurisdiction of the courts of Florida for
resolution of any dispute arising out of
or relating to the terms and conditions
of this Participation Agreement. You hereby
irrevocably and unconditionally consent
and submit to the exclusive jurisdiction
of such courts and waive any objection to
such courts based on lack of personal jurisdiction,
subject matter jurisdiction or venue. MasterpieceRentals.com
reserves the sole and exclusive right to
enforce this provision, and nothing herein
shall prohibit MasterpieceRentals.com from
selecting a jurisdiction or venue in any
other State or Commonwealth.
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| 16.2 |
Termination. MasterpieceRentals.com,
in its sole and absolute discretion, may
terminate this Participation Agreement,
access to the Site or the Services, or any
current listing immediately without notice
for any reason.
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| 16.3 |
Entire Agreement
. This Participation Agreement
constitutes the entire agreement between
the parties concerning the subject matter
hereof, supersedes, and cancels all prior
and contemporaneous agreements, claims,
representations and understandings of the
parties in connection with the subject matter
hereof.
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| 16.4 |
Severability .
Any provision (or portion of a provision)
of this Participation Agreement determined
to be invalid by a court of competent jurisdiction
shall be severed and shall not affect the
validity and enforceability of any remaining
provisions.
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| 16.5 |
No Waiver .
MasterpieceRentals.com failure to enforce
the strict performance of any provision
of this Participation Agreement will not
constitute a waiver of MasterpieceRentals.com
right to subsequently enforce such provision
or any other provisions of this Participation
Agreement.
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| 16.6 |
Annual Listings.
Effective August 2, 2012 MasterpieceRentals.com
will no longer offer multi-year listings.
All listings must be renewed on an annual
basis to continue services.
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