PLEASE READ THIS USER
AGREEMENT AND THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING
THIS SITE.
Your use of this site is expressly
conditioned on your acceptance of
the following terms and conditions.
1. OWNERSHIP. This site, and
each of its modules, together with
the arrangement and compilation of
the content found on this site, is
the copyrighted property of
TTHHotels and/or its various third
party providers and distributors. In
addition, the trademarks, logos and
service marks displayed on this site
(collectively, the "Trademarks") are
registered and common law Trademarks
of TTHHotels, its affiliates, and
various third parties. Nothing
contained on this site should be
construed as granting, by
implication, estoppel, or otherwise,
any license or right to use any of
the Trademarks without the written
permission of TTHHotels, or such
other party that may own the
Trademarks.
2. USE OF SITE. TTHHotels
grants you a limited,
non-transferable license to use this
site in accordance with the terms
and conditions of this User
Agreement. You may only use this
site to make legitimate reservations
or purchases and shall not use this
site for any other purposes,
including without limitation, to
make any speculative, false or
fraudulent reservation or any
reservation in anticipation of
demand. This site and the content
provided in this site, including the
text, graphics, button icons, may
not be copied, reproduced,
republished, uploaded, posted,
transmitted or distributed without
the written permission of TTHHotels,
and/or its third party providers and
distributors, except that you may
download, display and print the
materials presented on this site for
your personal, non-commercial use
only. You may not use any "robot,"
"spider" or other automatic device,
or a program, algorithm or
methodology having similar processes
or functionality, or any manual
process, to monitor or copy any of
the Web pages, data or content found
on this site, in any case without
the prior written permission of
Istanbul Travel Ltd. You agree that
you will not transmit or otherwise
transfer any Web pages, data or
content found on this site to any
other computer, server, Web site, or
other medium for mass distribution
or for use in any commercial
enterprise. You agree that you will
not use any device, software or
routine to interfere or attempt to
interfere with the proper working of
this site. You agree that you will
not take any action that imposes a
burden or load on our infrastructure
that TTHHotels deems in its sole
discretion to be unreasonable or
disproportionate to the benefits
TTHHotels obtains from your use of
the site.
Unauthorised use of this site and/or
the materials contained on this site
may violate applicable copyright,
trademark or other intellectual
property laws or other laws. You
must retain all copyright and
trademark notices, including any
other proprietary notices, contained
in the materials, and you must not
alter, obscure or obliterate any of
such notices. The use of such
materials on any other Web site or
in any environment of networked
computers is prohibited. You are
prohibited from posting or
transmitting any unlawful,
threatening, libelous, defamatory,
obscene, indecent, inflammatory,
pornographic or profane material or
any material that could constitute
or encourage conduct that would be
considered a criminal offence, give
rise to civil liability, or
otherwise violate any law. In
addition, you are prohibited from
posting or transmitting any
information which (a) infringes the
rights of others or violates their
privacy or publicity rights, (b) is
protected by copyright, trademark or
other proprietary right, unless with
the express written permission of
the owner of such right, (c)
contains a virus, bug or other
harmful item, or (d) is used to
unlawfully collude against another
person in restraint of trade or
competition. You shall be solely
liable for any damages resulting
from any infringement of copyright,
trademark, or other proprietary
right, or any other harm resulting
from your use of this site.
3. AGE AND RESPONSIBILITY. If
you use this site, you are
responsible for maintaining the
confidentiality of your account
information and your password. You
agree to accept responsibility for
all activities that occur under your
account or password. You represent
that you are of sufficient legal age
to use this site and to create
binding legal obligations for any
liability you may incur as a result
of the use of this site. You
understand that you are financially
responsible for all uses of this
site by you and those using your
login information.
4. PRIVACY. You have read the
TTHHotels Privacy Policy, and agree
that the terms of such policy are
reasonable. You consent to the use
of your personal information by
TTHHotels and/or its third party
providers and distributors in
accordance with the terms of and for
the purposes set forth in the
Istanbul Travel Ltd Privacy Policy.
5. REVIEW OF TRANSMISSIONS.
You agree that if you submit
suggestions, ideas, comments or
questions or post any other
information on this site, you grant
TTHHotels and its affiliates a
worldwide, non-exclusive,
royalty-free, perpetual,
irrevocable, and fully
sublicenseable right to use,
reproduce, modify, adapt, publish,
translate, create derivative works
from, distribute and display such
content in any form, media or
technology. TTHHotels takes no
responsibility and assumes no
liability for any content posted or
submitted by you.
6. EXCLUSION OF WARRANTY.
TTHHotels and any third party
providers and distributors make no
warranty of any kind regarding this
site and/or any materials provided
on this site, all of which are
provided on an "as is" basis.
Istanbul Travel Ltd and any third
party providers and distributors do
not warrant the accuracy,
completeness, currency or
reliability of any of the content or
data found on this site and such
parties expressly disclaim all
warranties and conditions, including
implied warranties and conditions of
merchantability, fitness for a
particular purpose and
non-infringement, and those arising
by statute or otherwise in law or
from a course of dealing or usage of
trade. Neither TTHHotels nor any
third party providers or
distributors warrant that this site,
its servers or any e-mail sent from
TTHHotels are free of viruses or
other harmful components. Some
states do not allow the disclaimer
of implied warranties, so the
foregoing disclaimer may not apply
to you. This warranty gives you
specific rights, which vary from
state to state.
7. LIMITATION OF LIABILITY.
TTHHotels assumes no responsibility,
and shall not be liable for, any
damages to, or viruses that may
infect your computer equipment or
other property on account of your
access to, use of, or browsing in
this site or your downloading of any
materials, data, text or images from
the site. In no event shall
TTHHotels or any third party
providers or distributors be liable
for any injury, loss, claim, damage,
or any special, exemplary, punitive,
indirect, incidental or
consequential damages of any kind
(including, but not limited to lost
profits or lost savings), whether
based in contract, tort, strict
liability, or otherwise, which
arises out of or is in any way
connected with (i) any use of this
site or content found herein, (ii)
any failure or delay (including, but
not limited to the use of or
inability to use any component of
this site for reservations or
ticketing), or (iii) the performance
or non performance by TTHHotels or
any third party providers or
distributors, even if such party has
been advised of the possibility of
damages to such parties or any other
party.
If, notwithstanding the foregoing,
TTHHotels or any third party
provider or distributor should be
found liable for any loss or damage
which arises out of or is in any way
connected with any of the above
described functions or uses of this
site or its content, the liability
of TTHHotels and the third party
providers and distributors shall in
no event exceed, in the aggregate,
the greater of (a) the subscription
fee and service charge for accessing
this site, or (b) US$100.00. In its
sole discretion, in addition to any
other rights or remedies available
to TTHHotels and without any
liability whatsoever, TTHHotels at
any time and without notice may
terminate or restrict your access to
any component of this site. Some
states do not allow limitation of
liability, so the foregoing
limitation may not apply to you.
8. INDEMNIFICATION. You shall
defend and indemnify TTHHotels and
any third party providers and
distributors and their officers,
directors, employees and agents from
and against any claim, cause of
action or demand, including without
limitation reasonable legal and
accounting fees, brought by or on
your behalf in excess of the
liability described herein or by
third parties as a result of your
use of this site.
9. RELATIONSHIP. The
relationship between Istanbul Travel
Ltd and you will be that of
independent contractors, and neither
of us nor any of our respective
officers, agents or employees will
be held or construed to be partners,
joint ventures, fiduciaries,
employees or agents of the other.
10. GOVERNING LAW. This
Agreement and its performance shall
be governed by the laws of the state
of Istanbul, Turkey, without regard
to its conflict of laws provisions.
You consent and submit to the
exclusive jurisdiction of the state
and federal courts located in the
state of Istanbul, Turkey, in all
questions and controversies arising
out of your use of this site and
this Agreement. To the extent
allowed by applicable law, any claim
or cause of action arising from or
relating to your access or use of
this site must be brought within two
(2) years from the date on which
such claim or action arose or
accrued.
11. ATTORNEY'S FEES. If
TTHHotels or its affiliates take any
action to enforce this User
Agreement and these terms and
conditions, such parties will be
entitled to recover from you, and
you agree to pay, all reasonable and
necessary attorney's fees and any
cost of litigation, in addition to
any other relief, at law or in
equity, to which such parties may be
entitled.
12. INJUNCTIVE RELIEF. You
acknowledge that a violation or
attempted violation of any of this
User Agreement and these terms and
conditions will cause such damage to
TTHHotels as will be irreparable,
the exact amount of which would be
difficult to ascertain and for which
there will be no adequate remedy at
law. Accordingly, you agree that
TTHHotels shall be entitled as a
matter of right to an injunction
issued by any court of competent
jurisdiction, restraining such
violation or attempted violation of
these terms and conditions by You,
or Your affiliates, partners, or
agents, as well as recover from You
any and all costs and expenses
sustained or incurred by TTHHotels
in obtaining such an injunction,
including, without limitation,
reasonable attorney's fees. You
agree that no bond or other security
shall be required in connection with
such injunction.
13. TERMINATION. TTHHotels
may terminate this User Agreement
and these terms and conditions
and/or the provision of any of the
services at any time for any reason,
including any improper use of this
site or your failure to comply with
these terms and conditions. Such
termination shall not affect any
right to relief to which TTHHotels
and its third party providers and
distributors may be entitled, at law
or in equity. Upon termination of
this User Agreement and these terms
and conditions, all rights granted
to you will terminate and revert to
TTHHotels and its third party
providers or distributors, as
applicable.
14. ASSIGNMENT. You may not
assign, convey, subcontract or
delegate your rights, duties or
obligations hereunder.
15. MODIFICATION. TTHHotels
may at any time modify these terms
and conditions and your continued
use of this site will be conditioned
upon the terms and conditions in
force at the time of your use.
16. ADDITIONAL TERMS.
Additional terms and conditions may
apply to reservations, and other
uses of portions of this site, and
you agree to abide by such other
terms and conditions.
17. SEVERABILITY. These terms
and conditions shall be deemed
severable. In the event that any
provision is determined to be
unenforceable or invalid, such
provision shall nonetheless be
enforced to the fullest extent
permitted by applicable law, and
such determination shall not affect
the validity and enforceability of
any other remaining provisions.
18. HEADINGS. The headings
used in this User Agreement are
included for convenience only and
will not limit or otherwise affect
the terms and conditions herein.
19. ENTIRE AGREEMENT. This
User Agreement, together with any
terms and conditions incorporated
herein or referred to herein
constitute the entire agreement
between us relating to the subject
matter hereof, and supersedes any
prior understandings or agreements
(whether oral or written) regarding
the subject matter, and may not be
amended or modified except in
writing or by making such amendments
or modifications available on this
site.
|