| 1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site,
you agree to be bound by these Terms of Use, and as
amended from time to time with or without notice to
you. In addition, if you are using a particular service
on or through this web site, you will be subject to
any rules or guidelines applicable to those services
and they shall be incorporated by reference into these
Terms of Use. Please see our Privacy Policy, which
is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and
through our web site on an "AS IS" basis.
You agree that the owners of this web site exclusively
reserve the right and may, at any time and without
notice and any liability to you, modify or discontinue
this web site and its services or delete the data
you provide, whether temporarily or permanently. We
shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information.
3. Cookies.
Like many web sites, we set and use cookies to enhance
your user experience, such as retaining your personal
settings. Advertisements may appear on our web site
and, if so, may set and access cookies on your computer
and is subject to the privacy policy of those parties
providing the advertisement. However, the companies
serving the advertising do not have access to our
cookies. These companies usually use non-personally
identifiable or anonymous codes to obtain information
about your visits to our site.
4. If you use our online reservation, please
read our Booking
Policy and Payment
Policy.
5. Your Responsibilities and Registration Obligations.
When registering, you explicitly agree to our Terms
of Use and as may be modified by us from time to time
and available here. For more details, please read
our User
Agreement.
6. Privacy Policy.
Registration data and other personally identifiable
information that we may collect is subject to the
terms of our Privacy
Policy.
7. Registration and Password.
You are responsible to maintain the confidentiality
of your password and shall be responsible for all
uses via your registration and/or login, whether authorized
or unauthorized by you. You agree to immediately notify
us of any unauthorized use or your registration, user
account or password.
8. Your Conduct.
You agree that all information or data of any kind,
whether text, software, code, music or sound, photographs
or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole
responsibility of the person providing the Content
or the person whose user account is used. You agree
that our web site may expose you to Content that may
be objectionable or offensive. We shall not be responsible
to you in any way for the Content that appears on
this web site nor for any error or omission.
You explicitly agree, in using this web site or any
service provided, that you shall not:
(a) Provide any Content or perform any conduct that
may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortuous, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web
site or any service provided, infected with a virus
or other destructive or deleterious programming routine,
give rise to civil or criminal liability, or which
may violate an applicable local, national or international
law;
(b) Impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek
to conceal or misrepresent the origin of any Content
provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content
or service in any commercial manner or in any manner
that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) Provide any Content that may give rise to our
civil or criminal liability or which may constitute
or be considered a violation of any local, national
or international law, including but not limited to
laws relating to copyright, trademark, patent, or
trade secrets.
9. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) You agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including
any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in
part. Such license will apply with respect to any
form, media, and technology known or later developed;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the
right (but not obligation), in our sole discretion,
to refuse to publish or to remove or block access
to any Content you provide at any time and for any
reason, with or without notice.
10. Third Party Services.
Goods and services of third parties may be advertised
and/or made available on or through this web site.
Representations made regarding products and services
provided by third parties are governed by the policies
and representations made by these third parties. We
shall not be liable for or responsible in any manner
for any of your dealings or interaction with third
parties.
11. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim
or demand, including reasonable attorney's fees, that
may be made by any third party, that is due to or
arising out of your conduct or connection with this
web site or service, your provision of Content, your
violation of this Terms of Use or any other violation
of the rights of another person or party.
12. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB
SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE")
IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN
RISK. IT IS PROVIDED TO YOU "AS IS" AND
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY
PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER
US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply
to you only as it relates to implied warranties.
13. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR
THE INABILITY TO USE THE SERVICE, (II) THE COST TO
OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply
to you.
14. Reservation of Rights.
We reserve all of our rights, including but not limited
to any and all copyrights, trademarks, patents, trade
secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and
services that may be provided. The use of our rights
and property requires our prior written consent. We
are not providing you with any implied or express
licenses or rights by making services available to
you and you will have no rights to make any commercial
uses of our web site or service without our prior
written consent.
15. Notification of Copyright Infringement.
If you believe that your property has been used in
any way that would be considered copyright infringement
or a violation of your intellectual property rights,
click to contact our webmaster
16. Applicable Law.
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products
or services shall be governed by and construed in
accordance with local laws where the headquarters
of the owner of this web site is located, without
regard to its conflict of law provisions. By registering
or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of
the county or city where the headquarters of the owner
of this web site is located.
17. Miscellaneous Information.
(a) In the event that this Terms of Use conflicts
with any law under which any provision may be held
invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the
original intentions of the parties in accordance with
applicable law, and the remainder of this Terms of
Use will remain valid and intact;
(b) The failure of either party to assert any right
under this Terms of Use shall not be considered a
waiver of any that party's right and that right will
remain in full force and effect;
(c) You agree that without regard to any statue or
contrary law that any claim or cause arising out of
this web site or its services must be filed within
one year after such claim or cause arose or the claim
shall be forever barred;
(d) We may assign our rights and obligations under
this Terms of Use and we shall be relieved of any
further obligation.
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