Use of the Services
You are solely responsible for your use of the Site and Services. You certify to Olapic that you are at least 18 years of age or use the Site and Services only under the supervision of a parent or legal guardian. You also certify that you are legally permitted to use the Services and access the Site.
The Rosewood Sites and the content and proprietary materials and other materials and/or information contained or displayed on the Rosewood Sites other than your User Content (hereinafter the “Rosewood Content”) and Rosewood’s business practices and policies (including but not limited to its privacy policies) are not subject to Olapic’s control, and Olapic is not responsible for and makes no claims, representations or warranties regarding the accuracy or legality of any person’s or entity’s content, including but not limited to any User Content, the Rosewood Sites, the Rosewood Content, the Rosewood Services, or Rosewood’s business practices or policies.
By accepting these Terms, you hereby agree that every time you and/or someone else acting on your behalf or with your direct or implied permission upload(s), post(s), display(s) and/or otherwise use(s) your User Content on and/or in connection with any websites, social media websites or platforms, blogs, or other online forums or media, including but not limited to those listed above, regardless of whether you or others acting on your behalf or with your permission see or accept these Terms or any modifications thereof in the future, you hereby grant to Olapic and to Rosewood and the owners of the hotels and resorts managed by Rosewood, and each of their related companies (including all subsidiaries, affiliates and parents), and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners and any other third parties engaged by any of the foregoing, including but not limited to marketing or public relations agencies, and the employees, officers and directors of all of the foregoing (hereinafter collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content, including, but not limited to, any claim, regardless of the merit of that claim, that any portion of the User Content violates the intellectual property rights of a third party.
The Licensed Parties reserve the right to remove any User Content from the Site, and the Rosewood Sites and/or to discontinue the Services at any time, for any reason. If you believe any content, including User Content, residing on the Site or on the Rosewood Sites or displayed or used in connection with the Services infringes any person’s or entity’s copyright rights, please refer to our Copyright Policy below.
Intellectual Property Rights
The Site and Services contain proprietary information owned by Olapic, including, but not limited to, text, software, photos, videos, graphics and other materials, all of which is protected by copyright, trademark and other intellectual property laws. Rosewood owns all rights in or are licensed to use the Rosewood Sites and the Rosewood Content and the Rosewood Sites and the Rosewood Content are protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Olapic and the Licensed Parties by using or accessing the Site, the Services or the Rosewood Sites.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
If you believe that any content, including User Content or other material residing on or accessible through the Site or Services infringes a copyright, you may send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:
Attn: Olapic Designated Agent
151 West 25th Street, Floor 5, New York, NY 10001
To be effective, the written notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Olapic to locate the material;
- Information reasonably sufficient to permit Olapic to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once proper infringement notification is received by the Designated Agent, it is Olapic’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate infringers’ access to the Site and/or use of the Services.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Olapic’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Olapic may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent
Upon receipt of a counter notification, containing the information as outlined above, Olapic shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Olapic shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Olapic’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site and/or use of the Services.
Limitation of Liability
IN NO EVENT WILL THE LICENSED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES AND/OR THE ROSEWOOD SITES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT DISPLAYED ON THE SITE, AND/OR THE ROSEWOOD SITES AND/OR IN CONNECTION WITH THE SERVICES. IN ADDITION, THE LICENSED PARTIES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS OCCURRING, OR AUTHENTICITY OF, INFORMATION PROVIDED, IN CONNECTION WITH THE SITE, THE SERVICES AND/OR THE ROSEWOOD SITES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE LICENSED PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN PARTICULAR, THE LICENSED PARTIES MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT YOUR USE OF THE SITE, THE SERVICES AND/OR THE ROSEWOOD SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, VIRUSES OR MALWARE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY THEREOF WILL BE CORRECTED; OR (C) WILL CONTAIN ACCURATE OR RELIABLE INFORMATION.
You agree to defend, indemnify and hold harmless the Licensed Parties from and against all claims and expenses (including attorneys’ fees) arising out of the use of the Site, the Services and/or the Rosewood Sites, by you or any other person using an account of yours, and/or your posting or use of your User Content, and/or your breach of any of your foregoing representations and warranties. Olapic reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Olapic with such cooperation as is reasonably requested by Olapic.
Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to firstname.lastname@example.org or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:
151 West 25th Street, Floor 5
New York, NY 10001