1. WHAT YOU SHOULD KNOW
The aim of this Webpage is to provide the User with access to information regarding the facilities, services and products offered by our chain of hotels and the corresponding hyperlinks, with a view to meeting His or Her needs (the "Content"). The Terms are intended to protect all visitors to this Webpage and by accessing and using this Webpage, the User is agreeing with these Terms. Please do not use this website if you do not agree with these terms. We reserve the right to modify, alter or update these Terms in any way at any time, at Our discretion. These modifications, alterations and updates shall come into force immediately after being published. The User accepts being subject to the modified, altered or updated Terms, if accessing or using this Webpage after the publication of a notification regarding these modifications, alterations or updates.
3. USE OF THIS WEBPAGE
We control and operate this Webpage. The entire Content of this Webpage, including but not restricted to text, images, illustrations, audio clips and video clips, is protected by copyright, registered trademarks, service marks and/or other intellectual property rights (which are governed by copyright laws and provisions set out in American and international treaties, privacy and advertising laws, regulations and communication statutes). The Content is held and controlled by US and by Our affiliates or by other suppliers of content, companies, sponsors and licensors (collectively, the "Suppliers"), which provide us, under licence, with the content or the right to publicise their products and/or services. The Content of this Webpage or of any other Webpage owned by the Suppliers, or which is operated, licensed or controlled by the Suppliers, is exclusively intended for personal use, with non-commercial purposes. The User undertakes to comply with all other notices, information or copyright restrictions which form part of any Content. The User may transfer a single copy of any Content contained on this Webpage, exclusively for personal use and for non-commercial purposes, in conformity with these Terms, providing that He or She keeps all the copyright notices, amongst other notices, which may form part of the content.
The User must not copy, reproduce, republish, upload, publish, transmit, distribute and/or exploit the Content in any way whatsoever (including by email or other electronic means) for commercial purposes, without prior written consent from Us and our Suppliers. Consent may be requested by sending a fax to the Legal Department of Wyndham Worldwide, via number 973-753-6620. Any modification of the Content, use of the Content from any other Webpage or network connected computing environment or use of the Content by the User for any purpose other than personal and non-commercial use, without prior written consent from Us or from Our Suppliers, is an infringement of intellectual property rights and copyright held by the owners of the Content, and is forbidden.
The User must not use on His or Her webpage any trademark or unregistered trademark, service marks or copyright-protected materials which appear on this Webpage, including but not restricted to logos and characters, without express written consent from the owner of the trademark or copyright-protected content. The User must not insert in, create direct links to or in any way whatsoever incorporate into another Webpage, any part of the Content or other material on this Webpage, without Our express written consent.
Any infringement of the laws regarding trademarks and copyrights may result in legal liability or penal sanctions, under the terms of the United States and/or international copyright and trademark laws. The User acknowledges that any reproduction or use of the Content, except as authorised under these Terms, is considered an infraction.
4. USER’S RESPONSIBILITIES
The User undertakes not to and declares that He or She will not use this Webpage for any activity which is illegal or prohibited under these Terms, including but not restricted to the publication or transmission of material which is threatening, slanderous, defamatory, obscene, scandalous, provocative, pornographic or profane. If any of these Terms are infringed, the User’s permission to use this Webpage will immediately terminate, without any notification being required. We reserve the right to deny access to any person, at Our own discretion, for any reason whatsoever, including for infringement of these Terms.
The User is solely responsible for His or Her Information, whose online distribution and publication are performed via our medium, as a passive channel. In the present document, "Information" refers to all information or data which the User submits to this Webpage and all information or data which are generated by this Webpage as a result of the User’s use thereof.
In the event of being provided with User identification numbers or codes (collectively "ID"), confirmation numbers and/or passwords (as applicable) during the course of using this Webpage, the User must ensure the confidentiality of the said User ID, confirmation numbers and/or passwords and agrees not to distribute or disclose this information to third parties. It is the User’s responsibility to notify us in the event that it becomes necessary to alter or discontinue any ID, confirmation number or password. It is also His or Her responsibility to request the immediate discontinuation of an ID, confirmation number or password as and when it is known or suspected that the confidentiality of the said ID, confirmation number or password has been violated or is at risk of being violated. We may suspend or terminate service or access to this Webpage, if we believe that these Terms have been infringed.
The User agrees to provide genuine, accurate, up-to-date and complete information. If any of the Information provided is false, inaccurate, out-of-date or incomplete (or if we have solid evidence to suspect that such Information is false, inaccurate, out-of-date or incomplete), we are entitled to suspend or terminate the User’s access and activity and to refuse any current or future use of this Webpage.
5. PROHIBITED ACTIVITIES
The User is hereby advised that it is strictly prohibited to use this Website and undertakes not to use nor allow others to use this Webpage in the following cases: (a) performance of any action which imposes an unreasonable or disproportional traffic load on the Website’s infrastructure, including but not restricted to "spam" or other unsolicited mass email sending techniques; (b) disclosure or sharing of, with unauthorised third parties, the confirmation numbers or passwords assigned to Him or Her or the use of such information for unauthorised purposes; (c) attempt to decipher, decompile, disassemble or reverse engineer any part of the software or the integrated HTML code or code which forms part of this Webpage; (d) the downloading, publication or sending by email or transmission of any Information, Content or copyright which He or She does not have the right to transmit, according to any law or contractual or fiduciary relationship; (e) infringement of any applicable local, state, national or international law, including but not restricted to all legally valid regulations; and (f) use of bots, spiders, intelligent agents or other automatic devices or manual procedures to research, monitor or copy Our Webpages of the Content thereof without Our prior written consent, although search engines for general use by third parties, such as Netscape Navigator or Microsoft Internet Explorer, may be used without such permission.
6. INFORMATION PUBLISHED ON THE WEBPAGE
The User acknowledges and accepts that We may keep the information and disclose it, if required to do so by law or if we believe, in good faith, that keeping or disclosing the Information is reasonably necessary in order to: (a) comply with legal proceedings; (b) ensure compliance with the Terms; (c) respond to any complaints that any part of the Information infringes the rights of third parties; or (d) protect the rights, property or personal safety of Our company, of the employees, Suppliers, affiliates, users and/or public.
7. HYPERLINKS TO THIRD PARTY PAGES
This Webpage contains hyperlinks to third party Webpages which are not under Our control nor operated by Us (the "Hyperlinked Pages"). By clicking on these hyperlinks, the User is leaving this Webpage, accepting it via such access. The User acknowledges that we provide the Hyperlinked Pages only for His or Her convenience and information. We do not support nor are we responsible for any content, information or other related materials contained on the Hyperlinked Pages or any hyperlinks found therein, whether or not we are affiliates of the companies in those Hyperlinked Pages. The User must not establish a link to this Webpage nor provide hyperlinks which state or imply that We or Our Suppliers sponsor or promote His or Her Webpage.
8. RELATIONSHIP WITH ADVERTISERS
The exchange of correspondence, performance of business deals or participation of the User in advertisers’ promotions contained on this Webpage or promoted through it, including the payment and supply of related goods or services and any other terms, conditions, warranties or statements associated with these business deals are performed exclusively between the User and the advertisers. The User agrees that neither We (nor the Suppliers) are responsible for any losses or damages incurred owing to such business deals or owing to the presence of these advertisers on this Webpage.
9. REFUSAL OF WARRANTIES
The entire content of this Webpage is provided "as is" and does not have any kind of explicit or implicit warranty. Excluding those warranties which, according to the US law, are applicable to these terms, are implicit in law and therefore cannot be excluded, restricted or modified, we refuse every warranty, whether expressly or implicitly stated, including but not restricted to all the implicit warranties of merchantability and fitness for a specific purpose.
Neither We nor our affiliates or related bodies, nor the Suppliers, nor any person involved in creating, producing and distributing this Webpage guarantees that the functions contained on this Webpage will not be interrupted nor that they will be free of errors, that the defects will be corrected or that the server via which the content is made available will be free of viruses or other harmful components. The content which the user accesses on this Webpage is provided only for His or Her convenience and information. We do not provide any guarantees or make any assertions vis-à-vis the results which may be returned by using this Webpage or as regards the reliability, accuracy or updating of the advertising material, contents and/or services acquired by using this Webpage.
We are a distributor and not a publisher. We have the same editorial control over this information and contents as a public library or a kiosk. All opinions, advice, statements, services, offers or other information stated or made available by third parties (including Hyperlinked Pages) belong to the respective authors or distributors of such content.
The user uses this Webpage at His or Her own risk and He or She (not Us) bears all the necessary costs for the maintenance (including unrestricted internet connection) and repair or correction of His or Her system.
10. LIMITATION OF LIABILITY
Under no circumstances can liability for indirect, consequent, accidental, special, punitive or exemplary damages, arising from the contract, warranty or extracontractual (including as a result of negligence) or according to any other theory of liability be assigned to Us or to Our affiliates or related bodies, (including Suppliers) or any of Our collaborators, directors, employees or agents, or to any body involved in creating, producing or distributing this Webpage, regardless of whether We know or should know of the possibility of such damages arising, including but not restricted to the use or attempted use of this Webpage or of any hyperlinked page.
Out liability and the liability of our Suppliers vis-à-vis the User or third parties is limited, in any circumstances, to the lowest of the following values: (a) the amount of the duties which the User paid during the 12 months prior to the action which led to the assignation of liability, or (b) 500 US dollars. Some states do not permit the limitation of liability, and therefore the previous liability may not apply in that case.
For example, neither we nor associated persons or bodies will be held liable for any complaints or damages resulting from: performance failure, error, omission, interruption, elimination, defect, delayed operations, computer virus, theft, destruction, unauthorised access to, or alteration of personal records, or of the confidence placed or of the use of the content, information, opinions and other materials which appear on this Webpage. Furthermore, the User also expressly acknowledges and accepts that we are not liable for any defamatory, offensive or illegal conduct by other users or third parties.
The limitation of liability reflects the division of risk between the parties. The limitations specified in this Section 10 shall remain valid and shall be applied even if any solution specified in these Terms fails to fulfil its basic purpose. The limitations of liability provided in these Terms encompass Us and the Suppliers and the respective collaborators, directors, employees, representatives, lawyers and agents.
11. VENUE AND JURISDICTION
We operate this Webpage (with the exception of the Hyperlinked Pages) from Our offices in Lisbon. The Page can be accessed from every country in the world. Since each of these countries may have laws different to those in force in Portugal, by accessing this Webpage, the User accepts that these terms and His or Her use of this Webpage are governed in every way by substantive national law of the Portuguese State, with no conflict between the legal provisions and with no regulation by the United Nations Convention for the International Sale of Goods. Furthermore, the User submits to the exclusive jurisdiction and venue of the state and federal courts located in the State of Portugal in order to resolve any disputes, cases and controversies pertaining to this Webpage, to His or Her use thereof and to His or Her relationship with Us. We do not state that the materials on this Webpage are appropriate or that they are available for use elsewhere and that they can be accessed from territories where the Content is illegal or prohibited. Anyone who chooses to access this Webpage from elsewhere does so on their own account and at their own risk and is responsible for complying with local laws, including laws relating to the transmission of technical data exported from the United States of from the country in which they reside.
We reserve the right to notify the responsible government agencies of any unlawful act, if and when we detect it. The User agrees to indemnify, defend and exempt Us and the Suppliers and the respective collaborators, directors, employees, affiliates, agents, licensors and Suppliers before any complaints, demands, actions, costs, liabilities, losses or damages of any kind (including lawyers’ fees) resulting from His or Her use of this Webpage, His or Her infringement of any provision set out in these Terms and/or negligent acts, omissions or intentional unlawful acts for which He or She is liable. This indemnity shall be influenced by the following acts on Our part: (a) written notification of the existence of any complaint, demand, action, cost, liability, loss or threat from any of the aforementioned; (b) cooperation with the User in defending or resolving the above; and (c) permission for the User to have control of such defence and resolution. We shall be entitled to participate in this defence, providing that We are bearing Our own costs and expenses.
13. MESSAGE BOXES
In the event that We provide message boxes or discussion forums on this Webpage ("Forums"), the User agrees to use them for non-commercial purposes only. There can be no distribution or publication, in any form, of any material containing requests for funds, advertisements or written requests for goods or services, without our express written consent. The User accepts that all the materials submitted may be published again without the necessity to compensate the User Him or Herself or any other person or body. Furthermore, the User guarantees that He or She waives all moral rights over the materials submitted. Although we do not review nor can we review all messages published by the User and by all the other Users on the Forums, and although we do not reply to these messages, we reserve the right (but not the obligation) to remove, move or edit messages which, by Our exclusive criteria, we consider abusive, defamatory, obscene, in violation of copyright and trademarks or which are unacceptable for any other reason. We do not support any of the Information published on this Webpage.
The User agrees that He or She must assess and bear all the risks associated with the use of any message, Information or Content, including the decision to trust the accuracy, integrity or utility of such messages, Information or Content. In this respect, the User acknowledges that He or She must not trust the contents created by Us or in the information submitted to Us by third parties, including but not restricted to information on the Forums and in all other parts of this Webpage.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and Our Suppliers and the respective collaborators, directors, employees, affiliates, agents, licensors and Suppliers. Each of these individuals or bodies shall have the right, in their own name (or on their own account), to demand and enforce compliance with these Terms directly from the User. The fact that we do not act with regard to an infringement on His or Her part or on the part of others does not constitute a waiving of Our rights to act with regard to similar or subsequent infringements.
If any of the provisions of these Terms is considered invalid or not applicable, this provision shall be removed, and the rest applied. The headers serve merely as a reference.
The business we perform with the User is undertaken on an equal footing, with the aim of creating a commercial relationship. We are neither agents nor fiduciaries for the User. All the hotels and facilities in our hotel chains are independent properties, operated by franchisees and independent licence-holders. It is they who manage and operate the facilities and employ all the employees and subcontractors who work at the facilities. The franchisees are independent contractors and these Terms do not intend to create, nor do they create, any agency, partnership, common company or employer-employee or franchiser-franchisee relationship.
We reserve any rights not expressly granted or affirmed in these terms.