Some Content may be pulled from public Instagram accounts via the “Instagram API,” in cases where such Content contains a hashtag that references H’MARK Hosts or a H’MARK Hosts branded property (“Hashtag”) or is geotagged in a way that connects the Content to H’MARK Hosts (“Geotag”). No Content will be pulled if the Instagram or other social media account is in “private” profile mode.
You retain any copyright or other intellectual property rights that you may have in the Content. You hereby grant to H’MARK Hospitality LLC (“H’MARK”, “H’MARK Hosts” or “we”) and its parent and affiliated companies and their successors and assigns (collectively, the "Permitted Parties") the right and permission to use your Content posted to a social media platform using one of H’MARK Hosts resorts Geotag locations or Hashtag and social handles such as Instagram Content on the H’MARK Hosts Websites. We reserve the right, in our sole discretion, to determine which Content to use. We may publish, review, modify or remove all or part of your Content at our sole discretion.
You hereby grant to the Permitted Parties a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable and non-exclusive license to use, copy, distribute, publish, exhibit, reproduce, digitize, modify, adapt, create derivative works from, publicly perform, publicly display, incorporate, and otherwise exploit such Content on the H’MARK HOSTS Website or in any other media now known or later developed for advertising, marketing or any other lawful purpose desired by the Permitted Parties. The Permitted Parties may assign or sublicense all or a portion of their rights, including this license, without your prior consent or any payment to you. You acknowledge and agree that: (a) the Permitted Parties have the right to arrange the posting of Content in any way in their sole discretion without your prior approval; (b) the Permitted Parties have no obligation to provide you with any credit or other attribution when using your Content, provided, however, if the Permitted Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any "moral rights" in your Content are waived; and (d) you are not entitled to any compensation or other payment from the Permitted Parties in connection with their use of your Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) against the Permitted Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.
In order to post Content on the H’MARK HOSTS Website, you will adhere with any applicable terms and conditions of Third Party Websites. Further you acknowledge that H’MARK HOSTS Websites contains Content from a variety of sources, and that Permitted Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You may request that we remove your Content, and in such an event, we will take commercially reasonable steps to delete your Content. Not Withstanding the foregoing, you acknowledge that we may be unable to fully delete all of your Content, particularly any Content posted to Third Party Websites. We reserve the right to retain copies of the Content as necessary for legal or compliance purposes. You understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof); and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion including to comply with applicable laws or due to complaints. You acknowledge and agree that Permitted Parties have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove Content at any time for any reason.
You represent and warrant that: (a) you own or otherwise have the right to post the Content; (b) neither the posting nor the use of the Content will infringe upon, misappropriate or otherwise violate the rights of any other person or entity (including, without limitation, privacy rights, publicity rights, contract rights, copyrights, trademarks and other intellectual property rights) or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (d) the Content does not contain any advertising or other commercial content; (e) you are responsible for all royalties, fees and other monies owed related to your Content; and (f) you have the legal right and capacity to agree to the Guidelines in your country. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of these warranties and representations.
You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or the Guidelines shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will your attorneys' fees be recoverable; and (c) under no circumstances, including for negligence, will any Permitted Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Permitted Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. IN NO EVENT WILL ANY OF THE PERMITTED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO GUIDLINES OR YOUR CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
We reserve the right to amend the Guidelines at any time. Such amendments shall be effective at the date of posting.
If any part of these Guidelines is found to be unlawful or unenforceable, the unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Guidelines shall remain in full force and effect.
If you have any questions or complaints regarding these Guidelines or any requests concerning your personal information, please contact us by email at firstname.lastname@example.org
You agree that any and all disputes that you may have with, or claims you may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of Abu Dhabi and the applicable federal laws of the United Arab Emirates.
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the Site are either owned exclusively by H Hotels & Resorts Management LLC and except as specifically provided in these terms and conditions may not be used, copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical or otherwise, without the prior written approval of H Hotels & Resorts Management LLC. You may not, without such approval from H Hotels & Resorts Management LLC, create derivative works from any part of the Site or commercialize any information, products or services obtained from any part of the Site. Information received from a third party may be the subject of copyright owned by that third party.
The Site is for your personal non commercial use and any information may be downloaded by you solely for that purpose. This right to use the information is not a transfer of title, and is subject to the following restrictions:
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. H Hotels & Resorts Management LLC does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site. H Hotels & Resorts Management LLC does not guarantee or warrant that any material available for downloading from the Site or any linked web site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements.
You must ensure that any information which you provide to H Hotels & Resorts Management LLC is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of H Hotels & Resorts Management LLC or the Information or which may detrimentally interfere with any H Hotels & Resorts Management LLC system, data or information.
The Site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that H Hotels & Resorts Management LLC does not have any control over the content or availability of linked web sites and accepts no responsibility for the content, privacy practices or any other aspect of linked web sites. Links with linked web sites should not be construed as an endorsement, approval or recommendation by H Hotels & Resorts Management LLC of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and only to the extent expressly stipulated to the contrary.