DestinationDeluxe.com is the digital service operated by Destination Deluxe and consists of information and content provided by Destination Deluxe, its parent, affiliates, subsidiaries, operational providers, partners and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of DestinationDeluxe.com.
This Agreement sets forth the terms and conditions that apply to use DestinationDeluxe.com by the Subscriber. By using DestinationDeluxe.com, the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use DestinationDeluxe.com is personal to the Subscriber and is not transferable to any other person or entity. The Subscriber is responsible for all use of the Subscriber’s Account and for ensuring that all use of the Subscriber’s Account complies fully with the provisions of this Agreement.
DestinationDeluxe.com shall have the right at any time to change or discontinue any aspect or feature of DestinationDeluxe.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
The section headings used herein are for convenience only and shall not be given any legal import.
3. Modification of Terms
5. Subscriber Conduct
The Subscriber shall use DestinationDeluxe.com for lawful purposes only. The Subscriber shall not post or transmit through DestinationDeluxe.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a Subscriber that in DestinationDeluxe.com’s discretion restricts or inhibits any other Subscriber from using or enjoying DestinationDeluxe.com will not be permitted. The Subscriber shall not use DestinationDeluxe.com to advertise or perform any commercial solicitation.
DestinationDeluxe.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of DestinationDeluxe.com are copyrighted as a collective work under copyright laws. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Destination Deluxe, its parent, affiliates, subsidiaries, operational providers and/or partners. The Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
The foregoing provisions of Section 6 are for the benefit of Destination Deluxe, its parent, affiliates, subsidiaries, operational providers and partners and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Content and Third Party Links
DestinationDeluxe.com contains links and indicators to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to the Subscriber and do not constitute an endorsement by DestinationDeluxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners of any third party resources or content. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. DestinationDeluxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners reserves the right, in their sole discretion, to terminate links with any third parties or other websites that are deemed inappropriate or inconsistent with DestinationDeluxe.com. DestinationDeluxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners make no representations about the content, functionality or practices of such third party sites and resources and disclaim any and all warranties, whether expressed or implied.
7. Disclaimer of Liability
The Subscriber agrees the use of DestinationDeluxe.com is at the Subscriber’s sole risk. Neither DestinationDeluxe.com or Destination Deluxe, its parent, affiliates, subsidiaries, operational providers and partners warrant that DestinationDeluxe.com will provide an uninterrupted or error-free service, nor as to the results that may be obtained from use of DestinationDeluxe.com, nor as to the accuracy, reliability or content of any information service or merchandise provided through DestinationDeluxe.com.
DestinationDeluxe.com is provided on an “as is” basis without warranties of any kind.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, wrongful behavior, negligence, or under any other cause of action.
In addition to the terms set forth above neither DestinationDeluxe.com or Destination Deluxe, its parents, affiliates, subsidiaries, employees, directors, officers, agents, operational providers and/or partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within DestinationDeluxe.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from that or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Additionally, there are no warranties as to the results obtained from the use of information contained within DestinationDeluxe.com.
Destination Deluxe, its parent, affiliates, subsidiaries, operational providers and/or partners shall have the right, but not the obligation, to monitor the content of DestinationDeluxe.com to determine compliance with this Agreement and any operating rules established by Destination Deluxe and to satisfy any law, regulation or authorized government request. Destination Deluxe, its parent, affiliates, subsidiaries, operational providers and/or partners shall have the sole discretionary right to edit, refuse to post or remove any material submitted to or posted on DestinationDeluxe.com.
The Subscriber agrees to defend, indemnify and hold harmless Destination Deluxe, its parents, affiliates, subsidiaries, employees, directors, officers, agents, operational providers and partners from and against all claims and expenses arising out of the use of DestinationDeluxe.com by the Subscriber or the Subscriber’s Account.
Either Destination Deluxe, its parents, affiliates, subsidiaries, operational providers and/or partners, or the Subscriber may terminate this Agreement at any time.
Destination Deluxe and DestinationDeluxe.com and all associated logos are trademarks of Destination Deluxe and all rights are reserved. All other trademarks appearing on DestinationDeluxe.com remain the property of their respective owners.
13. Governing Law
This Agreement shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of The People’s Republic of China.
14. Entirety of Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
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