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PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance
of the following terms and conditions.
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OWNERSHIP
This site, and each of its modules, together
with the arrangement and compilation of the content found
on this site, is the copyrighted property of Holiday Bound
Ltd and/or its various third party providers and distributors.
In addition, the trademarks, logos and service marks displayed
on this site (collectively, the "Trademarks") are
registered and common law Trademarks of Holiday Bound Ltd,
its affiliates, and various third parties. Nothing contained
on this site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of
the Trademarks without the written permission of Holiday Bound
Ltd, or such other party that may own the Trademarks. |
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USE OF SITE
Holiday Bound Ltd grants you a limited,
non-transferable license to use this site in accordance with
the terms and conditions of this User Agreement. You may only
use this site to make legitimate reservations or purchases
and shall not use this site for any other purposes, including
without limitation, to make any speculative, false or fraudulent
reservation or any reservation in anticipation of demand.
This site and the content provided in this site, including
the text, graphics, button icons, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed
without the written permission of Holiday Bound Ltd, and/or
its third party providers and distributors, except that you
may download, display and print the materials presented on
this site for your personal, non-commercial use only. You
may not use any "robot," "spider" or other
automatic device, or a program, algorithm or methodology having
similar processes or functionality, or any manual process,
to monitor or copy any of the Web pages, data or content found
on this site, in any case without the prior written permission
of Holiday Bound Ltd. You agree that you will not transmit
or otherwise transfer any Web pages, data or content found
on this site to any other computer, server, Web site, or other
medium for mass distribution or for use in any commercial
enterprise. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper
working of this site. You agree that you will not take any
action that imposes a burden or load on our infrastructure
that Holiday Bound Ltd deems in its sole discretion to be
unreasonable or disproportionate to the benefits Holiday Bound
Ltd obtains from your use of the site.
Unauthorised 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, and you must not alter,
obscure or obliterate any of such notices. The use of
such materials on any other Web site or in any environment
of networked computers is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that
could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability,
or otherwise violate any law. In addition, you are prohibited
from posting or transmitting any information which (a)
infringes the rights of others or violates their privacy
or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the
express written permission of the owner of such right,
(c) contains a virus, bug or other harmful item, or
(d) is used to unlawfully collude against another person
in restraint of trade or competition. You shall be solely
liable for any damages resulting from any infringement
of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site.
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AGE AND RESPONSIBILITY
If you use this site, you are responsible for maintaining
the confidentiality of your account information and your password.
You agree to accept responsibility for all activities that
occur under your account or password. You represent that you
are of sufficient legal age to use this site and to create
binding legal obligations for any liability you may incur
as a result of the use of this site. You understand that you
are financially responsible for all uses of this site by you
and those using your login information. |
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PRIVACY
You have read the Holiday Bound Ltd Privacy Policy, and agree
that the terms of such policy are reasonable. You consent
to the use of your personal information by Holiday Bound Ltd
and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the Holiday
Bound Ltd Privacy Policy. |
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REVIEW OF TRANSMISSIONS
You agree that if you submit suggestions,
ideas, comments or questions or post any other information
on this site, you grant Holiday Bound Ltd and its affiliates
a worldwide, non-exclusive, royalty-free, perpetual, irrevocable,
and fully sublicenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute
and display such content in any form, media or technology.
Holiday Bound Ltd takes no responsibility and assumes no liability
for any content posted or submitted by you. |
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EXCLUSION OF WARRANTY
Holiday Bound Ltd and any third party
providers and distributors make no warranty of any kind regarding
this site and/or any materials provided on this site, all
of which are provided on an "as is" basis. Holiday
Bound Ltd and any third party providers and distributors do
not warrant the accuracy, completeness, currency or reliability
of any of the content or data found on this site and such
parties expressly disclaim all warranties and conditions,
including implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement, and
those arising by statute or otherwise in law or from a course
of dealing or usage of trade. Neither Holiday Bound Ltd nor
any third party providers or distributors warrant that this
site, its servers or any e-mail sent Holiday Bound Ltd are
free of viruses or other harmful components. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
rights, which vary from state to state.
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LIMITATION OF LIABILITY
Holiday Bound Ltd assumes no responsibility,
and shall not be liable for, any damages to, or viruses that
may infect your computer equipment or other property on account
of your access to, use of, or browsing in this site or your
downloading of any materials, data, text or images from the
site. In no event shall Holiday Bound Ltd or any third party
providers or distributors be liable for any injury, loss,
claim, damage, or any special, exemplary, punitive, indirect,
incidental or consequential damages of any kind (including,
but not limited to lost profits or lost savings), whether
based in contract, tort, strict liability, or otherwise, which
arises out of or is in any way connected with (i) any use
of this site or content found herein, (ii) any failure or
delay (including, but not limited to the use of or inability
to use any component of this site for reservations or ticketing),
or (iii) the performance or non performance by Holiday Bound
Ltd or any third party providers or distributors, even if
such party has been advised of the possibility of damages
to such parties or any other party.
If, notwithstanding the foregoing, Holiday Bound Ltd
or any third party provider or distributor should be found
liable for any loss or damage which arises out of or is in
any way connected with any of the above described functions
or uses of this site or its content, the liability of Holiday
Bound Ltd and the third party providers and distributors shall
in no event exceed, in the aggregate, the greater of (a) the
subscription fee and service charge for accessing this site,
or (b) US$100.00. In its sole discretion, in addition to any
other rights or remedies available to Holiday Bound Ltd and
without any liability whatsoever, Holiday Bound Ltd at any
time and without notice may terminate or restrict your access
to any component of this site. Some states do not allow limitation
of liability, so the foregoing limitation may not apply to
you. |
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INDEMNIFICATION
You shall defend and indemnify Holiday Bound Ltd and any third
party providers and distributors and their officers, directors,
employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable
legal and accounting fees, brought by or on your behalf in
excess of the liability described herein or by third parties
as a result of your use of this site. |
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RELATIONSHIP
The relationship between Holiday Bound Ltd and you will be
that of independent contractors, and neither of us nor any
of our respective officers, agents or employees will be held
or construed to be partners, joint ventures, fiduciaries,
employees or agents of the other. |
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GOVERNING LAW
This Agreement and its performance is
governed by English law and is subject to the exclusive jurisdiction
of the English courts, without regard to its conflict of laws
provisions. You consent and submit to the exclusive jurisdiction
of the English courts, in all questions and controversies
arising out of your use of this site and this Agreement. To
the extent allowed by applicable law, any claim or cause of
action arising from or relating to your access or use of this
site must be brought within two (2) years from the date on
which such claim or action arose or accrued. |
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ATTORNEY'S FEES
If Holiday Bound Ltd or its affiliates take any action to enforce
this User Agreement and these terms and conditions, such parties
will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of
litigation, in addition to any other relief, at law or in equity,
to which such parties may be entitled. |
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INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of
any of this User Agreement and these terms and conditions
will cause such damage to Holiday Bound Ltd as will be irreparable,
the exact amount of which would be difficult to ascertain
and for which there will be no adequate remedy at law. Accordingly,
you agree Holiday Bound Ltd shall be entitled as a matter
of right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted violation
of these terms and conditions by You, or Your affiliates,
partners, or agents, as well as recover from You any and all
costs and expenses sustained or incurred by Holiday Bound
Ltd in obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other
security shall be required in connection with such injunction.
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TERMINATION
Holiday Bound Ltd may terminate this User
Agreement and these terms and conditions and/or the provision
of any of the services at any time for any reason, including
any improper use of this site or your failure to comply with
these terms and conditions. Such termination shall not affect
any right to relief to which Holiday Bound Ltd and its third
party providers and distributors may be entitled, at law or
in equity. Upon termination of this User Agreement and these
terms and conditions, all rights granted to you will terminate
and revert to Holiday Bound Ltd and its third party providers
or distributors, as applicable. |
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ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights,
duties or obligations hereunder. |
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MODIFICATION
Holiday Bound Ltd may at any time modify
these terms and conditions and your continued use of this
site will be conditioned upon the terms and conditions in
force at the time of your use. |
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ADDITIONAL TERMS
Additional terms and conditions may apply
to reservations, and other uses of portions of this site,
and you agree to abide by such other terms and conditions.
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SEVERABILITY
These terms and conditions shall be deemed
severable. In the event that any provision is determined to
be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity
and enforceability of any other remaining provisions. |
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HEADINGS
The headings used in this User Agreement are included for
convenience only and will not limit or otherwise affect the
terms and conditions herein. |
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ENTIRE AGREEMENT
This User Agreement, together with any
terms and conditions incorporated herein or referred to herein
constitute the entire agreement between us relating to the
subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on
this site. |
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