TERMS AND CONDITIONS

Welcome to the Travelberry Hospitality website or mobile properties, including related applications (collectively, this “Website”). This Website is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums, and searching for and booking travel reservations, and for no other purposes. The terms “we”, “us”, “our” and “Travelberry Hospitality” refer to Travelberry Hospitality, a corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

 

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Travelberry Hospitality account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. Travelberry Hospitality does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

 

PROHIBITED ACTIVITIES

 

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • (i) use this Website or its contents for any commercial purpose
  • (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of this Website for any purpose without our express written permission; or
  • (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Travelberry Hospitality in connection with the Website or the services.

 

PRIVACY POLICY AND DISCLOSURES

 

Travelberry Hospitality believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Travelberry Hospitality, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Travelberry Hospitality’s systems, assets, employees, members and customers; (b) to ensure the integrity and operation of Travelberry Hospitality’s business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Travelberry Hospitality’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of Travelberry Hospitality’s Privacy Policy.

 

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

 

We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Travelberry Hospitality and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Travelberry Hospitality may choose to provide attribution of your comments or reviews at our discretion. You further grant Travelberry Hospitality the right to pursue at law any person or entity that violates your or Travelberry Hospitality’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Travelberry Hospitality provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Travelberry Hospitality;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content or links to content that, in the sole judgment of Travelberry Hospitality, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Travelberry Hospitality or its affiliates or its users to any harm or liability of any type.

 

Travelberry Hospitality takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Travelberry Hospitality liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Travelberry Hospitality is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Travelberry Hospitality has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Travelberry Hospitality reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Travelberry Hospitality or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Travelberry Hospitality, and its licensees, successors and assigns, from any claims that you could otherwise assert against Travelberry Hospitality by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

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