ACCEPTANCE OF TERMS
The Terms will be revised from time to time and all changes are effective upon posting. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
All content available on or through the Site, including without limitation text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”), is owned by THR and made available to you for your personal, noncommercial use. You may not use the Content for any other purpose and without limitation, may not do anything to infringe the copyrights and trademarks owned by THR in its intellectual property. Any use of the Site or Content in a manner that is not expressly permitted by these Terms is prohibited and may be actionable under federal, state, or international laws.
The Site is for use by persons residing in the United States who are 18 years of age and older. 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. THR does not represent that the Site or Content are appropriate for use by persons outside the United States. THR reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.
INTELLECTUAL PROPERTY AND PROPRIETARY INTERESTS
You agree that THR is the sole owner of 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 pertaining to the Site and its Contents. The Contents are protected by federal and state laws.
Copyright: THR owns a copyright in all Content, which is the exclusive property of THR and its subsidiaries, affiliates, licensors, related entities or content providers. The Content is protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by THR in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to THR, its subsidiaries, affiliates, licensors, related entities or content providers. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement, or recommendation of THR by the respective trademark owners.
PASSWORD AND SECURITY
The Site may, from time to time, contain features that require registration and creation of an account with a user name and password (collectively, “Registered Area”). You agree to provide wholly accurate and truthful information in creating or maintaining an account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. When you register for a Registered Area and each time you access your account, you agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify THR of any unauthorized use of your password or account or any other breach of security. THR is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this paragraph or these Terms.
The Site may, from time to time, include features which allow users to submit content that others can access. You retain any rights you hold in content that you submit to any Site. All content submitted or views posted or made available on the Site are strictly those of the originating author or user, who shall be solely responsible for such content. THR may or may not screen, review, monitor or respond to any content submitted by users, and is not responsible for the accuracy or truthfulness of any user content. However, THR reserves the right to edit, block, or remove any content at any time. Use of or reliance on user content is entirely at your own risk.
By submitting content to the Site, you grant THR a royalty-free, perpetual, irrevocable, worldwide license, without further compensation, to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond termination of these Terms. You warrant and represent that the content you submit is true, your own original work, and does not violate any applicable law, infringe or violate any other person’s or entity’s rights, or require any third party releases or any payment to a third party.
IMPROPER USE OF SITE
You agree that the following actions are prohibited and will constitute a material breach of these Terms: (i) use of the Site or any user content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (ii) taking any action that imposes an unreasonable or disproportionately large load or adverse impact on the Site (such as uploading files that contain viruses); (iii) engaging in unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to user content; (iv) aggregating, copying, duplicating, publishing, or making available any user content to third parties, (v) using the Site for unsolicited advertising; (vi) defaming abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as the right of privacy, intellectual property, and publicity) of others; or (vii) engaging in any other action that, in the judgment of THR, exposes it or any third party to potential liability or detriment of any type.
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked websites are not under the control of THR which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply THR’s endorsement of information, material, products or services of any other party or any other website. THR disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that THR is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
THR reserves the right, at any time, to modify, suspend or discontinue (temporarily or permanently), the Site, Content, or any portion thereof, with or without notice. You agree that THR will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Content, or access to the Registered Area.
THR reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content, or any portion thereof for any reason, including without limitation any breach by you of these Terms. You agree that THR shall not be liable to you or any third party for any such suspension, discontinuance or termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS, AND EACH OF THEM, FROM AND AGAINST ANY DAMAGE, LOSS, LIABILITY, CLAIM, DEMAND OR JUDGMENT, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT OR SERVICES OR ANY PORTION THEREOF, YOUR DEALINGS IN CONNECTION WITH THE SITES, OR YOUR SUBMISSION(S) OR ANY MATERIALS OR CONTENT YOU SUBMIT OR TRANSMIT TO THE SITES OR TO THR; (ii) YOUR VIOLATION OF THESE TERMS, THE TERMS, CONDITIONS, CODE OF CONDUCT OR OTHER GUIDELINES OF ANY SITE, ANY APPLICABLE LAWS, OR THE RIGHTS OF THR OR ANY THIRD PARTY; AND (iii) ANY ACTIVITY RELATED TO YOUR USE OF ANY RESTRICTED AREA, OR ANY OTHER PERSON ACCESSING THE SITES OR USING YOUR ACCOUNT.
LIMITATION OF LIABILITY AND DISCLAIMERS
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
THR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THR DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF THR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Pursuant to Section 1789.3 of the Civil Code, California residents are entitled to the following consumer rights notice:
The name, address and telephone number of the provider of this service is Roosevelt Hotel, LLC, 7000 Hollywood Boulevard, Los Angeles, CA 90028; (323) 856-1970. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address.
The Compliance Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
1. Invalid Clause. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
2. No Waiver. THR’s failure to act with respect to any breach by you or others of these Terms does not waive THR’s right to act with respect to subsequent or similar violations.
4. Statute of Limitations. Any cause of action or claim you may have with respect to these Terms or the Site 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.
5. Assignments You may not assign or transfer your rights or obligations under these Terms without the prior written consent of THR, and any assignment or transfer in violation of this provision shall be null and void.