ACCEPTANCE OF TERMS
Please read these Terms carefully. This document is a legal contract, and by using the Site you agree to its Terms. If you do not agree to these Terms, you are not authorized to access the Site, and you must discontinue use of the Site immediately.
Proprietary Rights and Permitted Use
The Site content available through the Site (the “Content”) is the sole and exclusive property of Tivoli Village and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by Tivoli Village in writing. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
So long as you agree and comply with the Terms, and unless these Terms are otherwise terminated or modified by Tivoli Village, you are permitted to view and use the Site and the Content solely for your own purposes; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by Tivoli Village in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
You hereby acknowledge and agree that, as between Tivoli Village and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights and all text, images, graphics, icons, media, software, data and information, are owned exclusively by Tivoli Village or its licensors and are protected by United States intellectual property and other applicable laws.
Special terms may apply to some products or services offered on the Site and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
You agree not to access the Site by any means other than through a standard web browser. You further agree that you will not damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of it. If Tivoli Village makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TIVOLI VILLAGE, ITS OWNERS, PARTNERS AND AFFILIATES, AND ITS AND ALL OF THEIR EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CO-BRANDERS AND TENANTS, AND EACH OF THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND OR COST, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, WHETHER INCURRED BY OR MADE AGAINST ANY OF THEM OR MADE BY ANY THIRD PARTY, ARISING OUT OF OR RELATING TO (A) YOUR USE OF THE SITE OR THE CONTENT OR (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF TIVOLI VILLAGE OR ANY THIRD PARTY.
Links to Other Websites and Search Results
The Site may contain links to websites operated by other parties. Tivoli Village provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Tivoli Village, and Tivoli Village is not responsible for the content available on these third party sites. Such links do not imply Tivoli Village’s endorsement of information or material on any other site and Tivoli Village disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site
Unless otherwise set forth in a written agreement between you and Tivoli Village, you must adhere to Tivoli Village’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Tivoli Village, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Tivoli Village, (iii) when selected by a user, the link must display the Site on full-screen and not within a ‘frame’ on the linking website, and (iv) Tivoli Village reserves the right to revoke its consent to the link at any time and in its sole discretion.
The trademarks and logos used in connection with the Site are trademarks of Tivoli Village and/or its licensors. Unauthorized use of any Tivoli Village trademark, service mark or logo may be a violation of federal and state trademark laws. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement, or recommendation of Tivoli Village by the respective trademark owners.
Modifications to Site
Tivoli Village reserves the right at any time and from time to time to modify or discontinue the Site, or any portion thereof, temporarily or permanently, with or without notice. You agree that Tivoli Village shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Suspension and/or Termination Rights
Tivoli Village reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your account and/or your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that Tivoli Village shall not be liable to you or any third party for any such suspension or termination.
The Site is not directed to children under 13 years of age nor does Tivoli Village knowingly collect Information from children under 13. If you are under 13, you are not permitted to otherwise submit any personally identifiable information to the Site. If you are under 18 years of age, you may browse the Site but you may not register for any special offerings unless specifically stated otherwise.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TIVOLI VILLAGE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS OR RELIABILITY OF THE SITE OR ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIVOLI VILLAGE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR ANY
CONTENT, EVEN IF TIVOLI VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE FOREGOING, TIVOLI VILLAGE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE SHALL NOT EXCEED FIFTY DOLLARS.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
These Terms shall be governed by, and will be construed under, the laws of the State of Nevada, without regard to choice of law principles. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for Clark County, in the State of Nevada, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms or the Site or its Content must be commenced within six (6) months after the claim or cause of action arises; or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Tivoli Village does not represent that the Site or Content are appropriate outside the United States of America. You acknowledge and agree that you access the Site of your own volition and are responsible for compliance with applicable local laws.