1. ACCEPTANCE OF TERMS
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS BEST WESTERN TRAVEL FORUM SITE ON THE WORLD WIDE WEB (THE "SITE"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BEST WESTERN INTERNATIONAL, INC. ("BWI") AND GOVERN YOUR ACCESS TO, AND USE OF, THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOUR USE OF THIS SITE, INCLUDING, BY WAY OF EXAMPLE, BY SUBMITTING AND VIEWING CONTENT, SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU WARRANT THAT YOUR USE OF THIS SITE COMPLIES AND WILL COMPLY WITH SUCH TERMS. ADDITIONALLY, ANY USE WILL BE SUBJECT TO ANY AND ALL GUIDELINES OR RULES POSTED ON THIS SITE, WHICH MAY BE POSTED FROM TIME TO TIME. ANY SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. BWI MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. BWI CAN CHANGE THESE TERMS AT ANY TIME BY POSTING A CHANGE NOTICE WITH THE UPDATED TERMS ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
2. DESCRIPTION OF SERVICE
This Site is a website owned by BWI that is created for public viewing and sharing of viewer submitted content with others. Accordingly, by submitting any content, images, audio, music, text, works, comments, ratings or other postings to this Site (collectively, "Submissions"), you expressly acknowledge and agree your Submissions will be accessible by, and may be viewed by, others. Posting of your Submissions may not be immediate; there may be a period of time between submission and posting. BWI or its designee may, or may not, review, edit, delete or decline to post Submissions before posting.
3. PROHIBITED CONTENT AND CONDUCT
By submitting your Submissions, you represent and warrant and agree to the following:
- You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights ("Rights") to the Submissions, and any images, audio, music, text, or other works of art that You incorporate into your Submissions, and to authorize BWI to use and include your Submissions in any BWI owned website, including, without limitation, this Site, in the manner contemplated in these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Submissions to use such person's name or likeness for use and inclusion in any BWI owned website, including, without limitation, this Site, in the manner contemplated in these Terms.
- You bear all risks associated with the use of your Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
- Your Submissions does not and will not contain any of the following:
- obscenity, profanity, or content that is deemed lewd, offensive, explicit, vulgar, crude, or defamatory;
- any content unsuitable for broadcast;
- materials that are violent or display illegal drug or alcohol use;
- any use of commercial products or services, including any use of trademarks, brands or logos of commercial products and services, such as the marks or logo of BWI;
- information that can be used to personally identify an individual, such as an address, phone number or email address;
- any other person or likeness of another person if that person has not given consent to use of his or her likeness for the specific purpose of this submission;
- material that is derogatory or threatening to any person or group of people;
- any third party materials that otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity;
- photograph that is not of satisfactory quality (i.e. brightness, focus);
- content that impersonates any person or entity or misrepresents an affiliation with a person or entity;
- content that intentionally violates any local, state, national or international laws including but not limited to, United States Securities and Exchange Commission rules or regulations; or
- hyperlinks or links that connect to another website.
- This Site is for your personal use only and BWI reserves the right to remove commercial content included in your Submissions in its sole discretion. Your Submissions may not include commercial web addresses, commercial phone numbers, or commercial emails. This Site may not be used for unauthorized or illegal purposes, including but not limited to collecting the names or email addresses for the purpose of sending unsolicited email.
4. SUBMISSION OF CONTENT TO BWI
You are responsible for any Submissions you submit. By submitting your Submissions, you hereby grant BWI the following irrevocable, worldwide, royalty-free, non-exclusive, and transferable rights and licenses for use in any manner or media presently known or hereby after developed:
- to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or recode the Submissions to appropriate media formats, standards or mediums as part of any BWI owned website, including, without limitation, this Site;
- to publish, use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display your Submissions on any BWI owned website, including, without limitation, this Site, or on any BWI property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, and in any media format or medium and through any media channels; and
- to use your Submissions for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Submissions in any media format or medium and through any media channels.
5. ADVERTISING RIGHTS
You acknowledge and agree that BWI has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your Submissions and BWI will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your Submissions. Nothing in these Terms obligates or may be deemed to obligate BWI to sell, license or offer to sell or license any advertising, promotion or distribution rights.
You agree to indemnify and hold harmless BWI, and its subsidiaries, affiliates, officers, agents, agencies, members, owners, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your posted Submissions, your violation of these Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
7. REGISTRATION AND PRIVACY
9. INVALIDITY OF SPECIFIC TERMS
If any provision of these Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
10. LIMITATION OF LIABILITY
You agree that BWI, its affiliates and subsidiaries, and their respective members, directors, employees, and associates, are not responsible or liable for any errors in your submission or for any problems, inconveniences, etc. that might arise with anyone from such errors.
MOREOVER, YOU AGREE THAT BWI, ITS AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE. IN NO EVENT SHALL BWI BE LIABLE TO YOU FOR ANY ATTORNEYS' FEES OR COSTS, ACTUAL DAMAGES, OR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BWI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
11. LOCATION OF LAWSUIT AND DISPUTE RESOLUTION
In the event of a dispute you and BWI (the "Parties") arising out of or related to the use of this Site, you agree to submit to and consent to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona, USA. By using this Site, you are making contact with and having contact with the State of Arizona and agree that the courts located within Maricopa County, Arizona, USA are the most convenient courts in which to resolve any dispute arising out of or related to the use of this Site. By using this Site, you expressly waive the right to contest the jurisdiction of the courts located within Maricopa County, Arizona, USA. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. IN THE EVENT THAT THERE IS ANY DISPUTE IN CONNECTION WITH THIS SITE OR THE USE OF THIS SITE, ONLY BWI WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IF IT PREVAILS.
12. DISCLAIMER OF WARRANTIES
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Submissions have been verified or authenticated in whole or in part by BWI, and they may include inaccuracies or typographical or other errors. BWI does not warrant the accuracy of timeliness of the Materials or Submissions contained on this Site. BWI has no liability for any errors or omissions in the Materials and/or Submissions, whether provided by BWI or our licensors.
BWI, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BWI DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.