1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICES
The Website is dedicated to providing you information about Marbella Resorts and the opportunity to reserve a room, book a meeting, and enter promotions. Marbella Resorts provides Visitors, Registered Users, and Meeting Planners with access to the Website as described in this Agreement.
Visitors. No login is required for Visitors. Visitors to the Website can (a) view all publicly-accessible content, (b) check room availability, (c) reserve a room, and (d) e-mail Marbella Resorts.
Registered Users. Login is required for all Registered User services. Registered Users can do all the things Visitors can do, and also (a) sign up for alerts and other notifications, (b) sign up for promotions, and (c) submit their information in order to expedite future room reservations.
Meeting Planners. Login is also required for all Meeting Planner services. Meeting Planners can do all the things Visitors can do, and also book meetings.
Marbella Resorts is under no obligation to accept any individual as a Registered User or Meeting Planner, and may accept or reject any registration in its sole and complete discretion.
The Website is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the Services offered on the Website are not available to minors. If you do not qualify, do not use the Website. You must be eighteen (18) years of age or older to reserve a room or book a meeting on this Website. If you are under the age of eighteen, you may contact Marbella Resorts directly for assistance.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users and Meeting Planners, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User or Meeting Planner. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform Marbella Resorts of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Marbella Resorts reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Marbella Resorts will not be liable for any loss or damage caused by any unauthorized use of your account.
5. INTELLECTUAL PROPERTY
The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Marbella Resorts (collectively referred to as the “Marbella Resorts Content”). The Marbella Resorts Content may be owned by us or by third parties. The Marbella Resorts Content is protected under both United States and foreign laws. Unauthorized use of the Marbella Resorts Content may violate copyright, trademark, and other laws. You have no rights in or to the Marbella Resorts Content, and you will not use the Marbella Resorts Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Marbella Resorts Content on any copy you make of the Marbella Resorts Content. You may not sell, transfer, assign, license, sublicense, or modify the Marbella Resorts Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Marbella Resorts Content in any way for any public or commercial purpose. The use or posting of the Marbella Resorts Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Marbella Resorts Content and Website automatically terminates and you must immediately destroy any copies you have made of the Marbella Resorts Content.
The trademarks, service marks, and logos of Marbella Resorts (the “Marbella Resorts Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Marbella Resorts SL. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Marbella Resorts Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Marbella Resorts Trademarks inures to Marbella Resorts’s benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Marbella Resorts Content for this Website may be retransmitted without our express, written consent for each and every instance.
6. COMMUNICATIONS TO Marbella Resorts
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like: (a) you shall have no right of confidentiality in your communications, and Marbella Resorts shall have no obligation to protect your communications from disclosure; (b) Marbella Resorts shall be free to reproduce, use, disclose, and distribute your communications to others without limitation; and (c) Marbella Resorts shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE WEBSITE OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE WEBSITE’S CONTENT, AND THE SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, ITS CONTENT, OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE, ITS CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OR THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. Marbella Resorts IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS (INCLUDING WITHOUT LIMITATION MISTAKEN HOTEL RATES) LISTED ON OUR WEBSITE. THE WEBSITE CONTAINS INFORMATION ON Marbella Resorts'S WORLDWIDE PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A Marbella Resorts PRODUCT OR SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. Marbella Resorts RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, AND TO THE PRODUCTS, AND PROGRAMS DESCRIBED IN SUCH INFORMATION, AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY RESERVATIONS WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE RESERVATIONS CONTAIN OR RESULTED FROM A MISTAKE OR ERROR.
8. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Marbella Resorts Content, the Website, or the Services . We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
Marbella Resorts respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Registered User Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Marbella Resorts SL
Urb. Coral Beach km, 176
CIF: B 93 169 076
Phone number +34 952775000
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Website content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Marbella Resorts,”
“No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.