IMPORTANT! PLEASE READ CAREFULLY BEFORE USING. YOUR USE OF THE SERVICES
IS YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU AGREE WITH THE TERMS SET
FORTH BELOW.
ACCEPTANCE OF TERMS THROUGH USE
By using these services (the "Services"), you agree to all terms,
conditions, and notices contained herein. The Hotel reserves the right,
in its sole discretion, to terminate your access to all or part of the
Services, with or without notice.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE BY THE HOTEL ARE PROVIDED "AS IS". THE HOTEL, ITS
SUBSIDIARIES, AFFILIATES, OWNER, AND ITS REPRESENTATIVES ACCEPT NO
LIABILITY FOR ANY PROBLEMS ASSOCIATED WITH YOUR USE OF
THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR
SOFTWARE, HARDWARE, OR OTHER EQUIPMENT; ANY DELAY IN OPERATION OR
TRANSMISSION OF THE SERVICES; ANY COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION; ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY
TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS,
PROVIDERS, OR COMPUTER EQUIPMENT; OR ANY TRAFFIC CONGESTION OF FAILURE
OF THE INTERNET OR ANY WEB SITE. THE SERVICES ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NONINFRINGEMENT. THE HOTEL, ITS SUBSIDIARIES, AFFILIATES, OWNER, AND
ITS REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE,
RELIABLE OR CORRECT; THAT THE SERVICES WILL BE UNINTERRUPTED OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES ARE
SECURE OR THAT ANY WIRELESS OR WIRED CONNECTION WILL NOT BE ACCESSED,
INTERCEPTED, ALTERED OR DESTROYED IN WHOLE OR IN PART BY AN
UNAUTHORIZED THIRD PARTY; THAT ANY DATA FILES, PROGRAMS, PROCEDURES OR
INFORMATION (INCLUDING YOUR PERSONALLY IDENTIFIABLE INFORMATION)
DOWNLOADED, RECORDED, TRANSMITTED OR INPUT THROUGH THE SERVICES WILL BE
SECURE OR PROTECTED FROM UNAUTHORIZED ACCESS TO, ALTERATION, DELETION,
DEFECT OR DESTRUCTION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENT OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE HOTEL, ITS
SUBSIDIARIES, AFFILIATES, OWNER OR ITS REPRESENTATIVES BE LIABLE FOR
ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE, THE SERVICES. THIS LIMITATION
APPLIES EVEN IF THE HOTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE HOTEL'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IDENIFICATION
You shall defend, indemnify and hold the Hotel and its owners,
subsidiaries and other affiliated companies, and their employees,
contractors, officers, and directors harmless from all liabilities,
claims, and expenses, including attorney's fees resulting from your use
or misuse of the Services. THIRD PARTY SITES
Your use of the Services may link you to other sites on the Internet.
These sites may contain information or material that some people may
find inappropriate or offensive. These other sites are not under the
control of the Hotel, and you acknowledge that the Hotel is not
responsible for the accuracy, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link does not imply
endorsement of the site by the Hotel.
RULES OF CONDUCT
You agree not to use these Services or any Hotel-provided computer for
unlawful purposes or in an offensive manner, including, without
limitation, usage that (i) is threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, or (ii) contains language (sexual or otherwise) of a
violent or threatening nature directed at another individual or group
of individuals, or victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability. You shall also
be prohibited from usage that infringes any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of
any party (collectively, "Intellectual Property"). You shall not
introduce any software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of any third party. You further agree that you will not
knowingly solicit or collect personal information from a minor (anyone
under 18 yrs. old) without appropriate prior verifiable parental
consent. The Hotel makes no representation that materials accessed
through the Service are appropriate or available for use in locations
outside the United States, and accessing them from territories where
their contents are illegal is prohibited.
MONITORING
The Hotel, its subsidiaries, affiliates, owner or its representatives
have no obligation to monitor, track, record, store or disclose your
use of the Services, including, without limitation, the URLs of the
websites you visit and the data you enter, transmit, or receive, but
may do so (i) to comply with legal or regulatory requirements or to
assist in law enforcement investigations and procedures; (ii) to
operate the Services properly; (iii) to ensure compliance with the
terms and conditions herein; or (iv) based on a good faith belief that
such monitoring, tracking, recording, storing, or disclosure is
otherwise necessary or advisable including, without limitation, if
there is reason to believe that such information is necessary to
identify, contact or bring legal action against someone who may be
causing interference with our rights or properties, whether
intentionally or otherwise, or when anyone else could be harmed by such
activities.
PUBLIC AREA USE
To the extent that you are accessing the Services in a public area or
through a Hotel-provided computer, you agree that you have no
reasonable expectation of privacy or confidentiality in your use of the
Services or the computer. WEB CAMERA USE
YOUR USE OF THE WEB CAMERA IS YOUR ACKNOWLEDGMENT
AND AGREEMENT TO THE TERMS SET FORTH BELOW.
This web camera (“Web Cam”) is owned by the Hotel
and intended for use by individuals over the age of majority in their
jurisdiction of residence. By using this Web Cam, you agree to all
terms, conditions, and notices contained herein, including the Hotel
Internet Terms and Conditions of Use. These Terms and Conditions
constitute a legally binding agreement between you and The Hotel, and
the Hotel reserves the right, in its sole discretion, to terminate your
access to the Web Cam with or without notice.
you agree, acknowledge and warrant that: (a) your use of the Web Cam
will be in compliance with applicable law; (b) you will not film
individuals without their consent; (c) filming an individual without
their consent may be a criminal offence and subject you to criminal and
civil action, including fines and imprisonment; (d) you will be held
responsible for your actions and any use or misuse of the Web Cams; and
(e) you will not, through your use of the Web Cam, display, capture or
transfer any content that: (i) is obscene, violent, abusive, harassing,
threatening, defamatory, libelous, deceptive, fraudulent, or tortious;
or (ii) infringes or violates the rights of any third party including
trademark, copyright, the right of publicity or privacy, or other
intellectual property rights. You hereby indemnify and hold the Hotel
and its owners, subsidiaries and other affiliated companies, and their
employees, contractors, officers, and directors harmless from all
liabilities, claims, and expenses, including attorney's fees resulting
from your use or misuse of the Web Cam and your breach of any of these
terms and conditions.
HOTEL-PROVIDED COMPUTERS
o the extent you are accessing the Services through a Hotel-provided
computer, you acknowledge and agree that (i) you must use your own
storage device to save any files that you create on the computer; (ii)
your session will automatically terminate after 5 minutes of
inactivity, and that any files you were creating, viewing or otherwise
accessing at the time of termination, regardless of whether your
session was manually or automatically terminated, may be deleted from
the computer; and (iii) you will logoff from the Services and the
computer when you complete your session.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available to
you through these Services are protected by Intellectual Property
rights and laws. Reproduction, copying, or redistribution for
commercial purposes of any materials or design elements obtained
through these Services is strictly prohibited without the express
written permission of Intellectual Property owner
GOVERNING LAW
You agree that any disputes arising out of or related to Services, your
use of Hotel-provided computers, or these terms and conditions shall be
handled individually without any class action, and shall be governed
by, construed and enforced in accordance with the laws of the State of
New York, United States.
REVISIONS
The Hotel reserves the right, in its sole discretion, to update or
revise these terms and conditions from time to time.