| HotelBookings
Online.com Web Site Agreement
The Hotelbookings-online.com Web Site (the "Site") is an online
information service provided by HotelBookings Online.com ("Hotelbookings-online.com
"), subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Hotelbookings-online.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are Hotelbookings-online.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to Hotelbookings-online.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to Hotelbookings-online.com by all means and in any media
now known or hereafter developed. You also grant to Hotelbookings-online.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against Hotelbookings-online.com for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to Hotelbookings-online.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Hotelbookings-online.com. Other
product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use
of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Hotelbookings-online.com, Hotelbookings-online.comdoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for Hotelbookings-online.com- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by
third parties, that are not affiliated with Hotelbookings-online.com
a. You also understand that Hotelbookings-online.com cannot and does
not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Hotelbookings-online.com PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND Hotelbookings-online.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Hotelbookings-online.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Hotelbookings-online.com HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN
NO EVENT WILL Hotelbookings-online.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Hotelbookings-online.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, Hotelbookings-online.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Hotelbookings-online.com makes no representations whatsoever about any
other web site which you may access through this one or which may link
to this Site. When you access a non-Hotelbookings-online.com web site,
please understand that it is independent from Hotelbookings-online.com,
and that Hotelbookings-online.com has no control over the content on
that web site. In addition, a link to a Hotelbookings-online.com web
site does not mean that Hotelbookings-online.com endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Hotelbookings-online.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing the Service.
4. Third
Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Hotelbookings-online.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Australia applicable to agreements made and to be performed
in Australia. You agree that any legal action or proceeding between
Hotelbookings-online.com and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in Australia
. Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Hotelbookings-online.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Hotelbookings-online.com
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights
not expressly granted herein are reserved.
|