TERMS AND CONDITIONS
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and MAK ("Company," “we,"
“us," or “our”), concerning your access to and use of the LHOTELPASS website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree
that by accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your continued
use of the Site after the date such revised Terms of Use are posted.
The information provided
on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary
to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Site is intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the state of Kuwait , international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof).
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
6. USER
GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or suspension
of your rights to use the Site.
7.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site; and (3)
to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete reviews, even
if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed
by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
If you access the Site
via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms of
Use. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate
any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
The following terms apply
when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Site: (1) the license
granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service; (2) we
are responsible for providing any maintenance and support services with respect
to the mobile application as specified in the terms and conditions of this
mobile application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement
when using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license contained
in these Terms of Use against you as a third-party beneficiary thereof.
10. SUBMISSIONS
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
We reserve the right, but
not the obligation, to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about data
privacy and security. Please review our
Privacy Policy: L'Hotel Pass Privacy Policy (lhotelpass.com). By using the Site, you agree
to be bound by our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site is hosted in the STATE OF KUWAIT. If you
access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the STATE OF KUWAIT, then through your continued
use of the Site, you are transferring your data to the STATE OF KUWAIT,
and you agree to have your data transferred to and processed in the STATE OF KUWAIT.