These Terms are meant to protect all of the users of this web site and your access to and use of this web site signifies your agreement with these Terms. The purpose of this Web Site is to provide you with access to information about Club Meliá's facilities, services, products, and related links to meet your needs with respect to vacation and leisure products.
IF YOU DO NOT AGREE WITH THE TERMS STIPULATED HERETO, DO NOT USE THIS WEB SITE.
Club Meliá reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Web Site, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately; your usage of this after changes have occurred bound you to the acceptance of the same.
USE OF THIS WEB SITE & INTELLECTUAL PROPERTY RIGHTS
Club Meliá controls and/or (through its third party hosts) operates this web site. All content on this web site, including, but not limited to, text, images, graphics, logos, digital downloads, data, headers, icons, and audio/ video clips are the property of Club Meliá and is protected by copyrights, trademarks and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by Club Meliá, its subsidiaries or related entities that have licensed or otherwise made available their content or the right to market and use their products and/or services to Club Meliá. Content on this web site or any web site owned, operated, licensed or controlled by third party hosts is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among Club Meliá’s members, other users of this web site, or the general public. You agree to abide to all copyright notices, information, or restrictions contained in or with any content.
Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Club Meliá. You may request the written consent to Club Meliá’s Legal Department by sending an e-mail to email@example.com. Your modification of the content or use of the content for any purpose other than personal, non-commercial use, without the prior written consent of Club Meliá violates the intellectual property rights and proprietary rights of the content owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this web site, including, but not limited to, any logos, images and also including any meta tags or hidden text or elements containing such information without the express written consent of the owner of the copyright. Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks or other intellectual property on this web site, except as authorized by these Terms, is considered intentional Infringement.
You warrant and represent to Club Meliá that you will not use this web site for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. Club Meliá at its sole discretion, without the necessity of any notice, retains the right to deny access to this web site to anyone for any reason, including for violation of these Terms.
You are solely responsible for the content, accuracy and your use of your information and Club Meliá merely acts as a passive conduit for your online distribution and publication of your information. As used in these Terms, "information" means any information or data that you submit to or through this web site and any information or data that is generated by this web site as a result of your use of or access to this web site.
You are specifically prohibited from any use of this web site and you agree not to use or permit others to use this web site, for any of the following: (i) take any action that imposes an unreasonable or waste of valuable time for the web site's infrastructure or resources, including but not limited to, sending or promoting the distribution of "spam," "junk mail" or other such unsolicited or unlawful mass e-mailing techniques; (ii) disclose to or share with, any unauthorized third parties data for any unauthorized purpose, or otherwise allow others to gain access to Club Meliá’s information technology systems, networks or data; (iii) access or attempt to access Club Meliá’s information technology systems, networks, files or data to which express authorization has not been obtained, including access to data not intended for your viewing, or log into a server or account that you are not authorized to access; (iv) attempt to decipher, decompile, disassemble, modify, remove or reverse any of the software or HTML code comprising or in any way making up a part of this web site; (v) interfere with, disrupt, disable or damage (or attempt to do any of the before mentioned), in an unauthorized manner, the use or operation of this web site or Club Meliá's or related entities' systems, equipment or applications, or service to any user, host, or network, including by use of any programs, commands, viruses, web bugs, harmful code, Trojan horses or other contaminants. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any content or services provided at this web site; (vi) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, associated or used in conjunction with this web site; (vii) upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under the terms, any law or other contractual relationships; and/or; (viii) use any intelligent agent, meta-searching, other automatic device, or manual process to search or monitor Club Meliá’s web site pages.
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, CLUB MELIÁ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER CLUB MELIÁ, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. CLUB MELIÁ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND CONTENT.
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT CLUB MELIÁ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLUB MELIÁ OR RELATED ENTITIES OR PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER CLUB MELIÁ (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
GOVERNING LAW AND JURISDICTION
Club Meliá operates this web site from its offices within the State of Florida (which may be subject to change from time to time at Club Meliá's sole discretion). You agree that these Terms and your use of the web site shall be governed in all respect by the internal substantive laws of the State of Florida without regard to any conflict of laws provisions. Club Meliá makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. Those who choose to access this web site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Club Meliá reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold Club Meliá and its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this web site, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned: (a) in writing to you of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) in cooperation with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement.
OTHER GENERAL PROVISIONS
These Terms are for the benefit of Club Meliá. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Club Meliá's failure to act with respect to a breach by you or others does not waive Club Meliá’s right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
CLUB MELIÁ RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.