It is important to us that you, and our other visitors,
have the best possible time while using our Site, and that
when you use this Site you are fully aware of our respective
legal rights and obligations. For that reason, we have
created these Terms of Use as the legally binding terms
to govern your use of this Site. Please read these Terms
of Use carefully before using the Site, because they affect
your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use, please
do not use this Site. By using this Site you will be deemed
to have irrevocably agreed to these terms.
Areas of this Site that are part of the proprietary online
service offered by Hideaways International as Hideaways.com(as
defined below) may be subject to additional terms and conditions,
which you should read carefully before making any use of
those areas. Any such terms will not vary or replace these
Terms of Use regarding any use of this Site, unless otherwise
expressly stated.
Please note that these Terms of Use may be revised and
reissued without notice at any time by updating this posting.
You should visit this page regularly to review the current
Terms of Use, since your continued use of the Site will
be deemed as irrevocable acceptance of any revisions. These
Terms of Use were last updated on March 12th,2005.
How To Contact Us
This Site (Hideaways.com) is controlled
and operated by:
Hideaways International, Inc.
767 Islington Street
Portsmouth, NH 03801
Our contact phone number is (603) 430-4433
Please forward any complaints, questions or general correspondence
to:
Support@Hideaways.com
Your Registration
To access most of the resources this Site has to offer,
you will be asked to provide registration details. It is
a condition of use of this Site that all the details you
provide will be correct, current, and complete.
Online Privacy Policy
Your privacy is important to us. To better protect your
privacy, we provide a privacy policy explaining our online
information practices and the choices you can make about
the way your information is collected and used at this
site. Please read our site Privacy Policy for our statement
on these important issues.
Trademarks and Copyrights
This Site and all materials incorporated by Hideaways
International on this Site ("Material") are protected by
copyrights, patents, trade secrets or other proprietary
rights ("Copyrights"). Some of the logos, content, images, knowledge, or other data
incorporated by Hideaways International on this Site are
also protected as registered or unregistered trademarks,
trade names and/or service marks owned by Hideaways International
or others ("Trademarks"). Hideaways International respects
the intellectual property rights of others and asks users
of this Site to do the same.
Your Use of Material
Your right to make use of this Site and any Material
or other content appearing on it is subject to your compliance
with these Terms of Use. Modification or use of the Material
or any other content on this Site for any purpose not permitted
by these Terms of Use may be a violation of the Copyrights
and/or Trademarks, and is prohibited.
You may access and display Material and all other content
displayed on this Site for non-commercial, personal, entertainment
use on a single computer only. Also, decompiling, reverse
engineering, disassembling, or otherwise reducing the code
used in any software on this Site into a readable form
in order to examine the construction of such software and/or
to copy or create other products based (in whole or in
part) on such software, is prohibited. All violations of
this section will be referred to the proper authorities
for review, and possible civil or criminal action.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. HIDEAWAYS.COM
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICES AND OTHER CONTENT IN, ON, OR LINKED TO FROM HIDEAWAYS.COM
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIDEAWAYS INTERNATIONAL
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HIDEAWAYS
INTERNATIONAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT HIDEAWAYS INTERNATIONAL'S
WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIDEAWAYS INTERNATIONAL
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN HIDEAWAYS.COM
OR ANY SITES LINKED TO HIDEAWAYS.COM IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
HIDEAWAYS INTERNATIONAL MAKES NO WARRANTIES THAT YOUR USE
OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE
OR OTHER CONTENT IN HIDEAWAYS.COM WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND HIDEAWAYS INTERNATIONAL ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN
SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE
OR OTHER CONTENT OF HIDEAWAYS.COM. IF APPLICABLE
LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL
APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
HIDEAWAYS INTERNATIONAL DOES NOT ACCEPT ANY LIABILITY
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE)
RESULTING FROM ANY USE OF, OR INABILITY TO USE, HIDEAWAYS.COM
OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES
OR OTHER CONTENT ON HIDEAWAYS.COM, REGARDLESS
OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF
HIDEAWAYS INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT
HIDEAWAYS INTERNATIONAL) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT
OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES
NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY
TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums and Ratings
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR
EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, RATINGS,
COMMUNITY PAGES OR OTHER FORUM AREAS ON THIS SITE ("FORUMS")
ARE NOT NECESSARILY THOSE OF HIDEAWAYS INTERNATIONAL OR
ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS.
HIDEAWAYS INTERNATIONAL DOES NOT UNDERTAKE TO MONITOR OR
REVIEW FORUMS, EXCEPT OUR MODERATED FORUMS, AS WELL THE
CONTENT OF THE FORUM(S) IS NOT THE RESPONSIBILITY OF HIDEAWAYS
INTERNATIONAL. HIDEAWAYS INTERNATIONAL DOES UNDERTAKE TO
MONITOR OR REVIEW RATINGS SUBMITTED TO HIDEAWAYS INTERNATIONAL
FOR INCLUSION ONTO OUR PARTNER PROPERTIES, VIA OUR WEBSITES,
OF WHICH HIDEAWAYS.COM IS ONE. AS WELL THE
CONTENT OF ANY AND ALL RATINGS ARE NOT THE RESPONSIBILITY
OF HIDEAWAYS INTERNATIONAL. HIDEAWAYS INTERNATIONAL MAY
REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY
AT ANY TIME AT ITS SOLE DISCRETION. ANY USE OF THE FORUMS
WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS
AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Please act responsibly when using this Site. You may
only use this Site and its contents for lawful purposes
and in accordance with applicable law and you are prohibited
from storing, distributing or transmitting any unlawful
material through this Site. You may not collect or store
personal information regarding other users. You recognize
that storing, distributing or transmitting unlawful material
could expose you to criminal and/or civil liability. You
agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the
burden of establishing that it is lawful. You understand
and agree that all materials publicly posted (other than
by HIDEAWAYS INTERNATIONAL) or privately transmitted on
or through this Site are the sole responsibility of the
sender, not HIDEAWAYS INTERNATIONAL, and that you are responsible
for all material you upload, post or otherwise transmit
to or through this Site.
We at HIDEAWAYS INTERNATIONAL require that you do not
post e-mails or submit to or publish through Forums or
otherwise make available on this Site any content, or act
in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or
offensive; (b) seeks to exploit or harm children by exposing
them to inappropriate content, asking for personally identifiable
details or otherwise; (c) infringes on any intellectual property
or other right of any entity or person, including violating
anyone's copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any
law; (e) you do not have the right to transmit under any
contractual or other relationship (e.g., insider information,
proprietary or confidential information received in the
context of an employment or a non-disclosure agreement);
(f) advocates or promotes illegal activity; (g) impersonates
or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers
to disguise the origin of the content; (h) advertises any
commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as
specifically authorized on this Site; (i) solicits funds,
advertisers or sponsors; (j) includes programs which contain
viruses, worms and/or 'Trojan horses' or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software, hardware
or telecommunications systems; (k) disrupts the normal
flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in
real time activities via this Site; (l) copies any other
pages or images on this Site except with appropriate authority;
(m) includes MP3 format files; (n) amounts to a 'pyramid'
or similar scheme; (o) amounts to 'data warehousing' (i.e.,
using any web space made available to you as storage for
large files which are only linked from other sites). You
must provide a reasonable amount of content to accompany
such material in order that at least some of the traffic
to your site comes directly via this Site; (p) disobeys
any policy or regulations established from time to time
regarding use of this Site or any networks connected to
this Site; or (q) contains links to other sites that contain
the kind of content, which falls within the descriptions
set out at (a) to (p) above.
System Abuse
Without limitation, you agree not to send, create or
reply to so called "mailbombs" (i.e., emailing copies of
a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent)
or engage in "spamming" (i.e., unsolicited emailing for
business or other purposes) or undertake any other activity
which may adversely effect the operation or enjoyment of
this Site by any other person.
You may not reproduce, sell, resell, or otherwise exploit
any resource, or access to any resource, contained on this
Site.
Security
Any passwords used for this Site are for individual use
only. You shall be responsible for the security of your
password (if any). HIDEAWAYS INTERNATIONAL shall be entitled
to monitor your password and, at its discretion, require
you to change it. If you use a password that HIDEAWAYS
INTERNATIONAL considers insecure, HIDEAWAYS INTERNATIONAL
will be entitled to require this to be changed and/or terminate
your online web account.
You are prohibited from using any services or facilities
provided in connection with this Site to compromise security
or tamper with system resources and/or accounts. The use
or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network
probing tools) are strictly prohibited. If you become involved
in any violation of system security, HIDEAWAYS INTERNATIONAL
reserves the right to release your details to the appropriate authorities
in order to assist them in resolving security
incidents.
Investigations
HIDEAWAYS INTERNATIONAL reserves the right to investigate
suspected violations of these Terms of Use, including without
limitation any violation arising from any submission, rating, posting
or e-mails you make or send to any Forum. HIDEAWAYS INTERNATIONAL
may seek to gather information from the user who is suspected
of violating these Terms of Use, and from any other user.
HIDEAWAYS INTERNATIONAL may suspend any users whose conduct
or postings are under investigation and may remove such
material from its servers as it deems appropriate and without
notice. If HIDEAWAYS INTERNATIONAL believes, at its sole
discretion, that a violation of these Terms of Use has
occurred, it may edit or modify any submission, posting
or e-mails, remove the material permanently, cancel postings,
warn users, suspend users and passwords, terminate accounts
or take other corrective action it deems appropriate. HIDEAWAYS
INTERNATIONAL will fully cooperate with any law enforcement
authorities or court order requesting or directing HIDEAWAYS
INTERNATIONAL to disclose the identity of anyone posting
any e-mails, or publishing or otherwise making available
any materials that are believed to violate these Terms
of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS HIDEAWAYS INTERNATIONAL FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY HIDEAWAYS INTERNATIONAL DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER HIDEAWAYS
INTERNATIONAL OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to
the World Wide Web and pay any service fee associated with
that access. You will need to provide all equipment necessary
to connect to the Site on the World Wide Web (including
a computer, modem and/or other access devices).
HIDEAWAYS INTERNATIONAL, reserves the right to modify
or discontinue, temporarily or permanently, all or any
part of this Site and/or any software, facilities and services
on this Site, with or without notice, and/or to establish
general guidelines and limitations on their use.
Local Regulations
HIDEAWAYS INTERNATIONAL makes no representation that
Materials or other content in the Site are appropriate
or available for use outside the United States, its territories,
possessions and protectorates. If you choose to access
the Site from other locations you do so on your own initiative
and at your own risk. You are responsible for complying
with local laws, if and to the extent local laws are applicable.
You specifically agree to comply with all applicable laws
concerning the transmission of technical data exported
from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless HIDEAWAYS INTERNATIONAL
and its owners, officers, directors, employees, agents,
distributors and affiliates from and against any and all
claims, demands, liabilities, costs or expenses, including
reasonable attorney's fees, resulting from your breach
of any of the foregoing provisions, representations or
warranties, and/or from your placement or transmission
of any content onto HIDEAWAYS INTERNATIONAL's servers,
and/or from any and all use of your account.
Our Use of Content
HIDEAWAYS INTERNATIONAL will consider anything you provide
to HIDEAWAYS INTERNATIONAL and/or contribute to this Site
as available for our use free of any obligations to you.
By posting or uploading any content to this Site and/or
providing any communication or material to HIDEAWAYS INTERNATIONAL
("User Content"), you automatically and irrevocably: (a)
grant and assign to HIDEAWAYS INTERNATIONAL any and all
rights in the User Content throughout the world including
without limitation all copyright, together with all consents
(if any) necessary to enable its reproduction, distribution,
modification, publishing and/or other exploitation by HIDEAWAYS
INTERNATIONAL and/or by any person authorized by HIDEAWAYS
INTERNATIONAL, by any means and in all media now known
or hereafter devised without payment or other reference
to you or any other person, and to advertise and promote
such exploitation, for the full period of all such rights
(together with any extensions and renewals) and insofar
as possible in perpetuity; (b) waive all moral rights in
the User Content which may be available to you in any part
of the world and confirm that no such rights have been
asserted; (c) appoint HIDEAWAYS INTERNATIONAL as your agent
with full power to enter into any document and/or do any
act HIDEAWAYS INTERNATIONAL may consider appropriate to
confirm the grant and assignment, consent and waiver set
out above; (d) warrant that you are the owner of the User
Content and entitled to enter into these Terms of Use;
(e) confirm that no such User Content will be subject to
any obligation, of confidence or otherwise, to you or any
other person and that HIDEAWAYS INTERNATIONAL shall not
be liable for any use or disclosure of such User Content.
Third Party Sites
This Site may link you to other sites on the Internet.
These sites may contain information or material that some
people may find inappropriate or offensive. These other
sites are not under the control of HIDEAWAYS INTERNATIONAL,
and you acknowledge that (whether or not such sites are
affiliated in any way with HIDEAWAYS INTERNATIONAL) HIDEAWAYS
INTERNATIONAL is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does
not imply endorsement of any site by HIDEAWAYS INTERNATIONAL
or any association with its operators.
HIDEAWAYS INTERNATIONAL cannot ensure that you will be
satisfied with any products or services that you purchase
from any third party site that links to or from Hideaways.com
since those other sites are owned and operated by independent
third parties. HIDEAWAYS INTERNATIONAL does not endorse
any of the merchandise, nor has HIDEAWAYS INTERNATIONAL
taken any steps to confirm the accuracy or reliability
of any of the information contained in such third party
sites. HIDEAWAYS INTERNATIONAL does not make any representations
or warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third party, and you
irrevocably waive any claim against us with respect to
such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before
proceeding with any online transaction with any of these
third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary
online service is subject to the rules, policies and guidelines
of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are
presented solely for the purpose of providing entertainment
and information and promoting travel, and other products
available in the United States, its territories, possessions,
and protectorates. The Site is controlled and operated
by HIDEAWAYS INTERNATIONAL from its offices within the
State of New Hampshire, United States of America.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the State of New
Hampshire, as they are applied to agreements entered into
and to be performed entirely within the State of New Hampshire.
Any action you, any third party or HIDEAWAYS INTERNATIONAL
may bring to enforce these Terms of Use or, in connection
with any matters related to the Site shall be brought only
in either the State or Federal Courts located in Rockingham
County, State of New Hampshire, and you expressly consent
to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable for this agreement and shall
not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties
relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Site
infringes your copyright rights, we at HIDEAWAYS INTERNATIONAL
want to hear from you. Please forward the following information
in writing to the Copyright Agent named below:
(a) your name, address, telephone number, and e-mail
address; (b) a description of the copyrighted work that
you claim has been infringed; (c) the exact URL or a description
of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief
that the disputed use has not been authorized by you, your
agent, or the law; and (e) your electronic or physical
signature or the electronic or physical signature of the
person authorized to act on your behalf.
Copyright Agent:
Hideaways International
Attn: Director of Information Technologies
767 Islington Street
Portsmouth, NH 03801
Tel: 603.430.4433
Fax: 603.430.4444
E-mail: Support@Hideaways.com
HIDEAWAYS INTERNATIONAL seeks to preserve any and all
exemptions from liability that may be available under the
copyright law, but does not necessarily stipulate that
it is a service provider as defined in USC section 512(c)
or elsewhere.
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