2. Monitoring The Site. We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms Of Service.
3. Ownership and Restrictions on Use. © 2004 The Garraway Hotel. All Rights Reserved. The Site, including any and all related software, data, text, images, images, audio and video clips, logos, icons, and links (collectively, the “Materials”), is owned and operated by The Garraway Hotel in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of The Garraway Hotel and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by Dominica, U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, or distribute Materials or other content or information available on or through the Site in any way without our prior written permission, except you may download and view one copy of such Materials on any single computer for your personal, non-commercial home use, provided you keep intact, without change, each such Material and all copyright and other proprietary notices in or on such Material. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
4. Code of Conduct. While using the Site (including participating in any Site-related services), you agree not to: • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; • Attempt to gain unauthorized access to other computer systems through the Site; • Use the Site or Materials for any unlawful purpose; • Express or imply that any statements you make are endorsed by us, without our prior written consent; • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); • Engage in spamming or flooding; • Transmit any software or other materials that contain any Viruses, Worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site; • Remove any copyright, trademark, or other proprietary rights notices contained in the Site or Materials; • “Frame” or “mirror” any part of the Site without our prior written authorization; • Harvest or collect information about other Site users without their express consent. While using the Site and/or Materials, you agree to comply with all applicable laws, rules, and regulations.
5. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to The Garraway Hotel is done so at your own risk.
6. Internet Access. You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. The Garraway Hotel shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
7. Links. The Site contains links to other Internet web sites, which may or may not be owned or operated by The Garraway Hotel. The Garraway Hotel has not reviewed all of the web sites that are linked to the Site, and The Garraway Hotel may not have control over such sites. Unless otherwise explicitly stated, The Garraway Hotel is not responsible for the content of such web sites, or the privacy or other practices of such sites, and the fact that The Garraway Hotel offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Garraway Hotel is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
8. Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of The Garraway Hotel, The Garraway Hotel’s licensors and suppliers, and others. The Trademarks owned by The Garraway Hotel, whether registered or unregistered, may not be used in connection with any product or service that is not The Garraway Hotel’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages The Garraway Hotel. Unless otherwise expressly granted in this Agreement, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of The Garraway Hotel, The Garraway Hotel’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and The Garraway Hotel will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
9. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless provided otherwise in the applicable official rules, participation in any Contest is limited to individuals who are legal residents of Dominica. We reserve the right to limit the availability of the Site (including the provision of any service or other product described thereon) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW.
10. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site and any licenses granted herein shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
11. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Garraway Hotel AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The Garraway Hotel AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF The Garraway Hotel OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
12. Limitation of Liability. NEITHER The Garraway Hotel NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE.
13. Indemnification. You agree to indemnify, defend, and hold The Garraway Hotel, our affiliates, licensors, suppliers, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Site, or to other web sites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site and any Site-related services.
14. Questions. The Site is provided by The Garraway Hotel. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at Web Site Inquiries: Garraway@cwdom.dm. This Agreement is not assignable, transferable, or sub-licensable by you except with The Garraway Hotel’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.