1. WHAT YOU SHOULD KNOW
This Website aims to provide the User, access information about facilities, services, products of our hotel chain and the associated links, in order to meet Your needs (the "Content"). Terms are intended to protect all visitors to this Web page and in accessing and using this Web page, the User is agreeing to these Terms. Do not use this website if you do not agree to these terms. We reserve the right, at our complete discretion, to modify, alter or update these Terms in any way and at any time. These modifications, changes and updates will become effective immediately upon being posted. The User agrees to be subject to the modified, amended or updated terms, if accessing or using this Website after the publication of a notice of such modifications, alterations or updates.
3. USE OF THIS WEB SITE
We control and operate this Site. All Content of this Website, including, but not limited to, text, images, illustrations, audio and video clips, is protected by copyright, trademarks, service marks and / or other intellectual property rights (which are governed by copyright laws and provisions in American and international treaties, laws of privacy and advertising and communications regulations and statutes). The Content is owned and controlled by Us and by Our branches or other content providers, companies, sponsors and licensors (collectively, the "Vendors"), whom We provide, under license, the content or the right to advertise their products and / or services. The content of this Web Site or any other Web page that is the property of Supplier or is operated, licensed or controlled by the Providers is intended solely for personal, non-commercial purposes. The User undertakes to comply with all other notices, information or copyright restrictions that are part of any Content. The User may download a single copy of any Content contained on this Site, solely for personal, non-commercial purposes in accordance with these Terms, provided that all copyright notices, amongst others, which are part the content are maintained.
The User may not copy, reproduce, republish, upload, post, transmit, distribute and / or exploit the Content in any form (including by e-mail or other electronic means) for commercial purposes without the prior written consent from Us and from Providers. The request for consent may be made by sending a fax to the Legal Department of Wyndham Worldwide, +1 973-753-6620. Modification of the Content, use of the Content of any other web page or computer networked environment or use of the Content by the User for any purpose other than personal, non-commercial use, without the prior written consent of Us or by the Providers, violates the intellectual property rights and property rights of the Content owners and is prohibited.
The User may not use on their Web page any registered or unregistered trademark, service marks or materials protected by copyright appearing on this Web Site, including, but not limited to, logos and characters, without the express written consent of the brand owner or of that protected by copyright content. The User may not include, create direct links or incorporate, otherwise, in another Web page, any part of the Content or other materials from this Website, without Our express written consent.
Violating the laws relating to trademarks and copyright may result in civil liability or criminal penalties under international and / or United States copyright laws and trademarks. The User understands and acknowledges that any reproduction or use of the Content, except as permitted pursuant to these Terms, is considered a breach.
4. USER RESPONSIBILITIES
The User guarantees and declares that they will not use this Website for any activity that is illegal or prohibited under these Terms, including, but not limited to, publication or transmission of threatening, libelous, defamatory, obscene, scandalous, provocative, pornographic or profane material. If any of these terms are breached, Your permission to use this Website will cease immediately, without any warning. We reserve the right to deny access to anyone, according to Our own discretion, for any reason, including for violation of these Terms.
The User is solely responsible for Their Information, whose distribution and online publication are made by us, while a passive channel. In this document "Information" refers to any information or data that the User submits to this Web Site and any information or data that is generated by this Web page in terms of its use.
If you are given user identification numbers or codes (collectively, "ID"), confirmation numbers and / or passwords (as applicable) in the course of using this Site, the User shall maintain the confidentiality of these User IDs, confirmation numbers and / or passwords, and agree not to distribute or disclose such information to third parties. It is the User's responsibility to notify us if there is a need to change or discontinue any ID, confirmation number or password. It is also Their responsibility to request immediate discontinuation of an ID, a confirmation number or a password when you get to know or suspect that the confidentiality of this ID, confirmation number or password has been violated or is at risk of being violated. We may suspend or terminate Your service or access to this Site, if we believe that these terms have been violated.
The User agrees to provide true, accurate, current and complete information. If any of this is false, inaccurate, outdated or incomplete (or we have solid evidence to suspect that this information is untrue, inaccurate, outdated or incomplete), we have the right to suspend or terminate access and User activity and deny all and any use,whether current or future, of this Web page.
5. PROHIBITED ACTIVITIES
The User is informed that use of this Website is strictly prohibited and agrees not to use or permit others to use this Web Page in the following cases: (a) the performance of any action that imposes an unreasonable or disproportionately large traffic load to the infrastructure of the Web Page, including, but not limited to, "spam" or other techniques of sending e-mail messages unsolicited in bulk; (b) disclosure or sharing with unauthorized third parties, the confirmation numbers or passwords assigned to it or use such information for unauthorized purposes; (c) attempting to decipher, decompile, disassemble or reverse engineering on any of the software or the integrated HTML code or which constitutes a part of this Website; (d) uploading, publishing, e-mailing or transmission of any information, Content or proprietary rights that it does not have the right to transmit under any law or under contractual or fiduciary relationship; (e) the breach of any local, state, national or international law, including, but not limited to, all regulations legally valid; and (f) the use of robots, spiders, intelligent agents or other automatic devices or manual processes to search, monitor or copy Our Web pages or their Content without Our prior written consent, although the general purpose search engines of third parties, such as Netscape Navigator or Microsoft Internet Explorer, can be used without this permission.
6. INFORMATION PUBLISHED ON THE WEBSITE
The User acknowledges and agrees that we may retain the information and disclose it, if so required by law or if we believe in good faith that the retention or disclosure of the information is reasonably necessary to: (a) comply with legal procedures; (b) enforce the Terms; (c) respond to claims that any of the information violates the rights of third parties; or (d) protect the rights, property or personal security of Our company, officials,Providers, branches, users and / or the public.
7. HYPERLINKS TO THIRD PARTY PAGES
This Website contains hyperlinks to third-party Web pages that are neither under our control nor are operated by Us (the "Pages of Links"). By clicking the links, the User leaves this Web page, taking it on by this access. The User acknowledges that we provide the Pages of Links only for their convenience and information. We do not endorse nor are responsible for any content, information or other materials that are found in the pages of links or any links contained therein, whether or not we are subsidiaries of companies of these pages of links. The User may not establish a connection to this Website or provide hyperlinks to declare or that leave sponsorship or promotion of its website implied by Us or by Providers.
8. RELATIONSHIP WITH ADVERTISERS
The exchange of correspondence, the implementation of business or the participation of the User in promotions of advertisers who are on this Web page or promoted by it, including payment and supply of related goods or services and any other terms, conditions, guarantees or statements associated with these transactions are performed solely between the User and advertisers. The User agrees that We (and Providers) are not responsible for any loss or damage incurred due to such business or because of the presence of such advertisers on this Web page.
9. GUARANTEE DISCLAIMER
All content of this website is provided "as is" and without any kind of guarantee, expressed or implied. Excluding guarantees which, according to U.S. law are applicable to these terms, are implied by law and therefore, can not suffer exclusion, restriction or modification, we refuse any and all guaranties, expressed or implied, including, but not limited to, all implied guaranties of merchantability and suitable for a particular purpose.
Neither we nor our affiliates or related entities or vendors, or anyone involved in the creation, production and distribution of this web site guarantee that the functions contained in this website will be uninterrupted or will be error free, or that defects will be corrected or that the server through which the content is made available will be free from viruses or other harmful components. The content that the User accesses on this website is provided only for their convenience and information. We make no guaranties nor make any statement regarding the results that may be obtained when using this website or as to the reliability, accuracy or updating of content, services and / or advertising materials acquired through use of this website.
We are a distributor and not a publisher. We have the same editorial control over the information and content as a public library or a kiosk. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including the pages of links) belong to the respective authors or distributors of such content.
The User uses this website at their own risk and assumes (and not us) all costs necessary for maintenance (including, without limitation, the Internet connection) and the repair or correction of its system.
10. LIMITATION OF LIABILITY
Under no circumstance, can responsibility for any indirect, consequential, incidental, special, punitive or exemplary damage derived from an agreement, guarantee or extra-contractual agreement (including negligence) or under any other theory of liability be attributed to us or to our subsidiaries or related entities (including providers) or any of our respective officers, directors, employees or agents, or any party involved in creating, producing or distributing this website, regardless of whether we know or we should know of the possibility of such damages including, but not limited to, the use or attempted use of this website or any page of a link.
Our responsibility and the responsibility of our providers towards the User or third parties is limited, in all circumstances, to the lowest amount among the following: (a) the amount of fees that the User paid in the 12 months prior to the action that led to vecoming liable, or (b) US$ 500. Some states do not allow the limitation of liability, so the above limitation may not apply to your case.
For example, we and the people and entities related shall not be liable for any claims or damages arising from: failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access allowed to, or alteration of personal records, or the reliance or use of the content of the information, the opinions and other materials appearing on this website. In addition, the User expressly acknowledges and agrees that we are not responsible for any defamatory, offensive or illegal conduct of 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 will be applied even if some solution specified in these Terms fails its basic purpose. The limitations of liability provided under these Terms cover Us and the providers and their officers, directors, employees, representatives, attorneys and agents.
11. VENUE AND JURISDICTION
a) We operate this Web page (except the pages of links) from Our offices in Lisbon. The page can be accessed from all countries around the world. As each of these places may have different laws from those in Portugal, to access this Website, the User agrees to these Terms. The use of this Website is governed in all respects by the internal substantive law of the Portuguese State, without conflicts between legal provisions and without the control of the United Nations Convention on the International Sale of Goods. In addition, the User submits to the jurisdiction and exclusive venue of the state and federal courts located in Portugal for the resolution of all disputes, cases and controversies regarding this Web page, the use that is made of it and to Your relationship to Us. We make no declaration that materials on this Website are appropriate or available for use in other places, and that they can be accessed from territories where the content is illegal or prohibited. Those who choose to access this Web page from another location do so at their own expense and risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or from the country in which they reside.
b) "The consumer may resort to one of the Alternative Consumer Disputes Resolution bodies whose name, contact details and address of electronic websites is on the list of entities filed with the Consumer Directorate. For more information see the Consumer website: www.consumidor.pt ".
We reserve the right to make any illegal act known to the government agencies in charge, if and when we detect it. The User agrees to compensate, defend and exempt us and the providers and their officers, directors, employees, affiliates, agents, licensors and suppliers against all claims, demands, lawsuits, costs, liabilities, losses and damages of any kind (including lawyer fees) resulting from Their use of this Website, Their breach of any provision under these Terms and / or negligent acts, omissions or intentional unlawful acts for which they were responsible. This compensation shall be subject to the following acts on our part: (a) written notice of the existence of any claim, demand, lawsuit, cost, liability, loss or threat of any of these; (b) cooperation with the User in the defense or resolution thereof; and (c) allow the User to have control of such defense or resolution. We will have the right to participate in this defense, provided that we bear Our own costs and expenses.
13. MESSAGE BOARDS
If message boards or discussion forums on this Web page (the "Forums") are provided, the User agrees to use them only in a non-commercial manner. They may not be distributed or published, in any form, nor material that contains solicitation of funds, advertising or written requests for goods or services without our express written consent. The User agrees that all materials submitted can be re-published without it being necessary to compensate the actual User or another person or entity. In addition, the User guarantees to have waived all moral rights to the submitted materials. Although we do not review nor are we able to review every message posted by the User and by all other Users in forums and although we do not respond to these messages, we reserve the right (but not the obligation) to delete, move or edit messages that, by our sole discretion, we consider abusive, defamatory, obscene, in violation of copyright or trademark laws or which are unacceptable for any other reason. We do not endorse any of the information posted on this Web page.
The User agrees that they must evaluate and bear all risks associated with the use of any messages, information or content, including the decision to rely on the accuracy, completeness or usefulness of such messages, information or content. In this regard, the User acknowledges that they can not rely on content created by us or the information submitted to us by third parties, including but not limited to, information in the Forums and in all other parts of this web page.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and our Providers and their officers, directors, employees, affiliates, agents, licensors and Providers. Each one of these individuals or entities shall have the right, in their name (or on their behalf), to claim and enforce these Terms directly on the User. The fact that we do not act with respect to a breach on your part or by others does not constitute a waiver of Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held invalid or unenforceable, that provision will be eliminated, with the remainder being applied. Headings are for reference only.
The business we do with the User are established on an equal footing, with the aim of establishing a business relationship. We are not agents nor fiduciaries of the User. All hotels and facilities of our hotel chains are independent properties, operated by franchisees and independent licensees. These manage and operate the facilities and employ all employees and subcontractors working on the premises. The franchisees are independent contractors and these Terms are not intended to create, nor create, any agency, partnership, joint venture or employer-employee or franchisor-franchisee relationship.
We reserve all rights not expressly granted or stated under these terms.