SITE USAGE & INFORMATION AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH atheneepalace-hotel.ro. BY ACCESSING www.phoeniciahotels.ro , YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE. If you do not accept these Terms and Conditions of Use, please exit www.phoeniciahotels.ro immediately.
This Agreement governs your use of this Internet site located at www.phoeniciahotels.ro (collectively, the "Site") and is by and between SC Phoenicia Express srl (referred to herein as "us", "our", or "we") and you, on behalf of yourself and the buyer, member or supplier for which you have registered ("You"). By using, viewing, transmitting, caching, storing and / or utilizing the Site, the services or functions offered in or by the Site and / or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. You and Ana Hotels are independent contractors, and no agency, partnership, joint venture; employee-employer relationship is intended or created by this Agreement.
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. These materials were prepared for us by our personnel and others.
This Site, including each of its modules, is the copyrighted property of Phoenicia Hotels.This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Phoenicia Hotels, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and /or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Ana Hotels SA and may not be used by anyone for any purpose without our prior express written consent. Following is a list of the trademarks used on this site and owned by Phoenicia Hotels:
Phoenicia Holiday Resort, Phoenicia Royal, Phoenicia Luxury, Phoenicia Express, Phoenicia Suites, Majestic Mamaia, Majestic Jupiter, Majestic Olimp, Perla Mamaia.
4. USER SUBMISSIONS
By submitting any ideas, comments, suggestions or other information to us related to improvements to the Site and / or services related to the Site; (collectively, the "Submission"), You agree that such Submission shall be deemed, and shall remain, Phoenicia Hotels property. None of the Submission shall be subject to any obligation of confidentiality on Phoenicia Hotels part and it shall not be liable for any use or disclosure of any Submission. Phoenicia Hotels shall own all rights related to the Submission and shall be entitled to use of the Submission without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Phoenicia Hotels .
5. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing or recommending such sites or the materials featured by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
There may be links to other sites from the Site pages that take you outside of the Site. This includes links from advertisers, sponsors, and content partners that may use our logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. We reserve the right to disable links from any third party sites to the Site. Keep in mind that whenever you give out information online, that information can be collected and used by unknown persons. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
6. DISCLAIMER, EXCLUSION OF WARRANTY
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND / OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ANA HOTELS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY PHOENICIA HOTELS WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
We disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
The Site may contain technical inaccuracies or typographical errors or omissions. Phoenicia Hotels is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. Phoenicia Hotels reserves the right to make changes, corrections and / or improvements to the Site, and to the products and programs described in such information, at any time without notice.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree to indemnify and hold Phoenicia Hotels and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Phoenicia Hotels failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our hotels and officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Phoenicia Hotels or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. LIMITATION OF LIABILITY
NEITHER US NOR ANY OF OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEB SITES OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, AND REPRESENTATIVES ARISING OUT OF YOUR USE OF THE WEB SITES OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITES
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.
You acknowledge that there is a possibility that subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.
10. ACCESS AND INTERFERENCE
You will not use any process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement.
12. GOVERNING LAW
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and / or sell products and / or services. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of Romania applicable to contracts entered into and to be performed entirely within Romania. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the Court of Law of Bucharest, Romanian.
Questions or comments regarding the Site and the information contained in the Site should be directed to firstname.lastname@example.org at Phoenicia Hotels. Any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.