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Terms & Conditions

Introduction

This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Nikki Beach Hotels & Resorts has been granted. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of Nikki Beach Hotels & Resorts.

You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain Nikki Beach Hotels & Resorts’ prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Nikki Beach Hotels & Resorts and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Nikki Beach Hotels & Resorts or cause or cause Nikki Beach Hotels & Resorts to lose (in whole or in part) the services of our suppliers.

Proprietary rights information

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Nikki Beach Hotels & Resorts and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Nikki Beach Hotels & Resorts and/or other parties is granted to or conferred upon You.

Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site or any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Nikki Beach Hotels & Resorts trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.

Trademarks

The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of Nikki Beach Hotels & Resorts, its affiliates and various third parties. Any reproduction or use of any of the contents of this Site without the express written consent of Nikki Beach Hotels & Resorts is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of Nikki Beach Hotels & Resorts or such other party that may own the Trademarks.

Copyright

This site, including each of its modules, is the copyrighted property of Nikki Beach Hotels & Resorts and/or its various third party providers and distributors. 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 Nikki Beach Hotels & Resorts. 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 strictly prohibited.

Notice and procedure for making claims of copyright infringement

Nikki Beach Hotels & Resorts respects the intellectual property rights of others. If you think that you work has been copied in a manner that constitutes copyright infringement, please send the following information to corporate@nikkibeachhotels.com

A physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Advertising disclosure, accuracy

Production descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Nikki Beach Hotels & Resorts is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Nikki Beach Hotels & Resorts reserves the right to make change, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

Exclusion of warranty, disclaimer

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. Nikki Beach Hotels & Resorts 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.

Governing law

Any disputes arising our of or related to this Site shall be governed and construed and enforced in accordance with, the laws of the State of Florida.

Acceptance

By accessing using viewing, transmitting, caching or storing this site or any of its services, functions or contents, you shall be deemed to have agreed to each and all the terms, conditions, and notices in this site (“Agreement”) without modification.

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