Terms of Service
October 14, 2015
Use of Site/services
This Website provides customers with assistance in determining the availability and bookings of hotels and other travel related Services. You will always be purchasing the hotel and travel related Services directly from third party suppliers and therefore separate terms and conditions of such suppliers will apply to your reservations or purchases of Services that you select. You agree to abide by the terms and conditions of the booking and /or purchase of any supplier you choose to deal with, specifically including the payment of all monies for bookings, reservations and purchases. You are solely responsible for all costs, fees, duties, assessments and taxes arising out of your use of this Site and Services.
Bookings, Reservations and Purchase of Travel Related Services.
As a condition of your using the Site, booking a reservation and/or purchasing goods through us, or using any of the information, data or images from the Site, you acknowledge that all bookings, reservations and/or purchases you make through us are subject to the terms and conditions and notices as they exist at the time the reservation is made. You are solely responsible for all charges, fees, duties, taxes and assessments arising from a booking, reservation or purchase performed by others on your behalf, even if done so without your consent. Any and all claims you may have arising out of bookings, reservations and purchases made though this Site shall be brought against the applicable provider, hotel or airline. We may not be able to confirm the pricing of a Booking, reservation or purchase, or if a price is identified by us it may be incorrect. Please direct your pricing inquiry to the applicable supplier.
International Travel Destinations.
We urge you to take a moment to review any warnings, restrictions, travel prohibitions prior to booking your travel to an international destination.
User Restrictions and Privacy Practices
General User Conduct
You understand that the Services and this Site are available for your personal use only. You further agree not to use the Services or any of the Company Sites to:
· use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· use automated scripts to collect information from or otherwise interact with the Services or the Site;
· access (or attempt to access) the Services by any means other than that is provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company;
· engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
· reproduce, duplicate, copy, sell, trade or resell any portion of the Services for any purpose, unless you have been specifically allowed to do so in a separate agreement with Company; or
· directly or indirectly: (i) use the Site to infringe the intellectual property rights of others; (ii) use the Site to or make any attempt to penetrate, modify or manipulate the Site to invade the privacy of any other user of the Site; (iii) attempt to modify, erase or damage any information contained on the Site; (iv) reverse engineer any portion of the Site; (v) restrict or inhibit others from using the Site; (vi) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (vii) spoof or otherwise impersonate any individual or entity; or (viii) violate or attempt to violate the security or integrity of the Site or of any associated computer system.
Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Company Sites.
Passwords and Account Security
In consideration of your use of the Company Sites, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current, and complete;
(c) understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services or this Site;
(d) be fully responsible for all use of your account and for any actions that take place using your account; and
(e) notify Company at firstname.lastname@example.org if you become aware of any unauthorized use of your account or password.
When you post User Content to any of the Company Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, represent and warrant that you have the necessary rights to grant to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any associated intellectual property rights or other proprietary rights; provided that you acknowledge and agree that you are fully responsible for protecting and enforcing such rights and that Company shall have at no obligation to do so on your behalf.
When you book a hotel on the Company Site, you will earn 2.5% of your booking value, before taxes or fees, in a rewards account. Rewards will be credited to your account after a booking has been confirmed and fully paid for, which may take up to 30 days following your checkout date. Any earned rewards will expire 1 year after the date they were issued.
Accumulated rewards can be used towards a future booking, but only if the rewards balance is at least $50 USD. Rewards will be issued to you in the form of a rebate check, and will be mailed to your address on file within 30 days of the hotel stay to which the rebate was applied.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
(a) upload, post, transmit, share, store or otherwise make available any User Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, including registering for a User account on behalf of an individual other than yourself;
(c) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(d) upload, post, transmit, share, store or otherwise make publicly available on the Site any private or personally identifiable information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(e) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(f) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) intimidate or harass others;
(h) upload, post, transmit, share, store or otherwise make available 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; or
(i) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
PROPRIETARY RIGHTS IN SITE CONTENT
Except for legally posted User Content, you acknowledge and agree that all content on the Company Site or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the "Site Content"), is the proprietary property of Company, its providers, users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Company Sites or the Services any materials that violate another party’s intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated Copyright Agent below.
Pursuant to the Digital Millennium Copyright Act, to be effective the notification must be in writing and include all of the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive proper notification of alleged copyright infringement, we will take such action as is appropriate under the Digital Millennium Copyright Act.
THIRD PARTY SITES
This Site may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Sites or Content"). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Company Sites or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and Company assumes no responsibility for any Third Party Sites or Content.
Company may offer you the option to connect your account, including portions of your User Content and activity on the Company Sites, with certain third party services such as Facebook, Foursquare or Twitter ("Third Party Services"). When you consent to publish your User Content or activity on the Company Sites to any Third Party Services, your information will be viewable by the communities on such Third Party Services. In addition, you may opt to publish your content or activity originating from your accounts with any Third Party Services to the Company Sites, and by doing so, you grant Company and others designated by Company permission to use your content on the Company Sites or otherwise.
DISCLAIMER OF WARRANTY
THIS SITE, THE SERVICES, AND THE SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. INTERACTIVE ONE DOES NOT WARRANT THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
The Company Site and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Site Content posted on or through the Site or the Services or transmitted to Users, or any interactions between users of the Site, whether online or offline.
LIMITATION OF LIABILITY
NEITHER INTERACTIVE ONE, NOR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES, EVEN IF INTERACTIVE ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERACTIVE ONE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES AND/OR THE SERVICES AND/OR THE SITE CONTENT. INTERACTIVE ONE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITES, THE SERVICES, ITS SERVERS, OR THE SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES AND THE SITE CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR PROPERTY, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
RISK OF LOSS
The Risk of Loss for all goods and Services purchased through this Site remains with you.
If the Site includes a currency converter, please be advised that the information provided is an estimate only and intended as a guideline.
CHOICE OF LAW
New York, NY 10001