YOUR ACCEPTANCE OF TERMS
We reserve the right to restrict, suspend, terminate or refuse Your access to or use of this Site, in whole or in part, without notice, in our sole discretion.
USER CONTENT AND LICENSE TO USE THE SITE
This Site offers Users the opportunity to submit, post, comment and exchange information, opinions, data and other material, including without limitation text, images, audio material, video material and audio-visual material (“User Content”). We do not screen, edit, publish or review any User Content prior to their appearance on the Site and such User Content does not reflect our views and opinions, its agents or affiliates. All User Content reflects the view and opinion of the person who posts such view or opinion. We shall not be responsible or liable for any User Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Content and opinions on this Site.
You warrant and represent that:
You are entitled to publish Your User Content on this Site and have all necessary licenses and consents to do so;
Your User Content does not infringe any intellectual property rights, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
Your User Content does not contain any defamatory, libelous, offensive, sexually explicit, indecent or otherwise unlawful material or material which is an invasion of privacy;
Your User Content will not be used to solicit or promote business, present commercial or unlawful activity;
You hereby grant Us a worldwide, irrevocable, non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your User Content in any and all forms and formats in any existing or future media.
You must not:
republish any User Content or other material from this Site (including republication on another Website);
sell, rent or sub-license any User Content or other material from this Site;
reproduce, duplicate, copy or otherwise exploit any User Content or other material on this Site for a commercial purpose;
redistribute any User Content or other material from this Site (unless content is specifically made for redistribution).
ACCEPTABLE USE AND RESTRICTIONS
This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content or other materials in whole or in part.
Under no circumstances We will be liable in any way for any of the content or other materials, including, but not limited to, any errors or omissions in any of the content or other materials, or any loss or damage of any kind incurred in connection with use of or exposure to any of the content or other materials posted, emailed, transmitted or accessed on this Site.
You are solely responsible for all of Your activity in connection with this Site. Any fraudulent, abusive, or illegal activity will be grounds for termination of Your right to access this Site. You are solely responsible for all content that You post, upload, email, transmit, or otherwise distribute in connection with this Site. You warrant that You possess all intellectual property rights, including without limitation copyright, patent or trademark, or other proprietary right of any third party and grant Us the rights to use such information in connection with this Site.
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
You know is false, misleading, untruthful or inaccurate;
is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, User Content, password or other information on the Site;
may damage the Site, or any other person or entity’s, computing devices or software or may in any way which may impair the functionality of the Site, or other systems used to deliver the Site or impair the ability of any other User to use the Site;
constitutes an attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site or to operate the Site except as is strictly necessary to use either of them for normal operation;
constitutes an attempt to undermine the security or integrity of the Site’s computing systems or networks or, where the Site is hosted by a third party, that third party’s computing systems and networks;
constitutes an attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Site is hosted;
impersonates any person or entity, including any of our employees or representatives;
is used for any purposes related to marketing without our express written consent; or
includes anyone’s identification documents or sensitive financial information.
Access to certain areas of this Site is restricted. We reserve the right to restrict access to any other areas of this Site or entire Site at our own discretion.
If We provide You with a user ID and password to enable You to access restricted areas of this Site or other content or services, You must ensure that the user ID and password are kept confidential.
We may disable Your user ID and password in our sole discretion without notice or explanation.
Usage Limitations: Your use of the Site may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against our’s application programming interface. Any such limitations will be specified within the applicable Site. We reserve the right to deny or terminate Users who generate excessive calls to third party API’s.
Communication Conditions: As a condition of these Terms, if You use any communication tools available through the Site (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Site, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other Users of the Site, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Site, You represent that You are permitted to make such communication. We are under no obligation to ensure that the communications on the Site are legitimate or that they are related only to the use of the Site. As with any other mobile- or web-based forum, You must exercise caution when using the communication tools available on the Site. We reserve the right to remove any communication at any time in our sole discretion.
Social Media Websites: We may encourage online interactions on social media platforms. Any content You post, such as pictures, comments, information, opinions, or any personal information that You make available to other participants on these social platforms, are subject to the Terms & Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand Your rights and obligations with regard to such content.
LIMITATION OF WARRANTIES
Warranty Disclaimer: THE SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY AND RESPONSIBILITY TO YOU (OR ANY OTHER PERSON) IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR ANY (I) LOSS (INCLUDING LOSS OF INFORMATION, USER CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROFITS AND SAVINGS), (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF, OR RELIANCE ON, THE SITE. CERTAIN STATE LAWS MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR FOR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
IF YOU SUFFER ANY DIRECT LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THE SITE, ANY CLAIM BY YOU AGAINST US WILL BE LIMITED IN RESPECT OF ANY ONE INCIDENT, OR SERIES OF CONNECTED INCIDENTS, TO THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS. ANY REFERENCE TO US IN THIS SECTION ALSO INCLUDES OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY WEBSITES
You expressly relieve Us from any and all liability arising from Your use of any third party website. All interactions with organizations and/or individuals, including payment and delivery of goods and/or services, and any other terms, conditions, warranties or representations associated with third party websites, are solely between You and such organizations and/or individuals. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We are under no obligation to get involved in any disputes between Users on this Site and any third party. In the event of a dispute between You and any third party You hereby release Us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
If You are a copyright owner or an agent of a copyright owner and believe any material posted on this Site infringes upon Your copyrights, You may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent:
10990 Wilshire Blvd., Suite 1025
Los Angeles, CA 90024
Facsimile: (310) 469-9610 [email protected]
Include the following information:
Identification of the copyrighted work or material claimed to have been infringed. If multiple copyrighted works are posted on a single webpage on this Site and You must clearly identify and individually list each item in a single notice.
A clear identification of the material You claim is infringing on the copyrighted work, and information sufficient to locate that material on this Site, including specific URL(s).
A statement that You have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are the owner, or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your information so that We can reply to Your notice, including an e-mail address and phone number.
A physical or electronic signature by the copyright owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will review and address all notices that fully comply with the requirements listed above. If Your notice fails to comply with all of these requirements, We may not be able respond to Your notice.
We suggest that You consult Your legal advisor before filing a Notification of Claimed Infringement. You may be liable for damages if You make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
We respect the intellectual property of others and, in what We deem in our sole discretion to be appropriate circumstances, will terminate the accounts of Users who repeatedly misidentify copyrighted material.
Themidlandhotel has adopted and has reasonably implemented a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers of the Copyrights, trademarks or other intellectual property of others.
Themidlandhotel has adopted and has reasonably implemented a policy that accommodates and does not interfere with standard technical measures implemented by Users including those intended to protect User rights or track copyright infringement online.