PLEASE READ THESE SITE USAGE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE ON WHICH THEY ARE POSTED. By using the website, mobile app, or platform on which these Site Usage Terms and Conditions ("Terms and Conditions") are posted (the "Site"), you signify your acceptance of them, and the Radisson Hospitality, Inc. Privacy Policy ("Privacy Policy"). If you do not agree to all of these Terms and Conditions, and the Privacy Policy, do not use this Site. This Site is owned and operated by Radisson Hospitality, Inc. ("Radisson Hospitality"). Radisson Hospitality may revise these Terms and Conditions at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties. Additional terms and conditions apply to hotel reservations. Use of Site Use Restrictions You may not, without Radisson Hospitality' written permission, "mirror" any Contents contained in this Site on any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Radisson Hospitality reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Idea Submissions If, at our request, you send certain specific submissions, or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Radisson Hospitality may treat the Submissions as non-confidential information and shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Radisson Hospitality shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation or obligation to the provider of the Submissions. User Communications Except as provided under Idea Submissions (above), Radisson Hospitality does not claim ownership of any of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other content that you submit to Radisson Hospitality using the social networking tools we make available to you (each a "Communication"). For clarity, one way that Communications differ from other information you provide to us is that, once submitted, Communications are made available instantaneously to others. Examples of Communications include comments posted on our blogs or in chatrooms we sponsor. You agree that you will not make any Communication that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Communication that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Communication unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Radisson Hospitality, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type. By making a Communication, you agree that such Communication is non-confidential, non-proprietary, and may be disseminated or used by Radisson Hospitality. If you make a Communication, you automatically grant - or warrant that the owner of such content has expressly granted - Radisson Hospitality a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Communication in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Radisson Hospitality is not required to use any Communication. You are solely responsible for your Communication, the consequences of making a Communication, and your reliance on any Communication. Radisson Hospitality is not responsible for the consequences of any Communication. Radisson Hospitality is not responsible for screening or monitoring Communications made to this Site by users. If notified by a user of a Communication allegedly in violation of these Terms and Conditions, Radisson Hospitality may investigate the allegation and determine in good faith and its sole discretion whether to remove such Communication. Radisson Hospitality will have no liability or responsibility to users for performance or nonperformance of such activities. Radisson Hospitality reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Communication does not comply with these Terms and Conditions and determine in its sole discretion to remove or request the removal of the Communication; (c) remove Communications which are abusive, illegal, disruptive, or outdated, or otherwise fail to comply with these Terms and Conditions; (d) terminate a user's access to any or all parts of the Site upon any breach of these Terms and Conditions or the law; (e) monitor, edit, or disclose any Communication; or (f) edit or delete any Communication posted on the Site, regardless of whether such Communication violates these Terms and Conditions. Promotions Mobile Application Terms The following provisions apply to users of Radisson Hospitality mobile apps (each, an “App”): Apple and Google are Not Responsible for our Apps Users of Apple Apps Users of Android Apps You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical, or biological weapons. Special Terms Governing Keyless Entry through our RED App In order to use Keyless Entry you must ensure that all necessary settings and required network communications are enabled and correct, including, without limitation, allowing and enabling push notifications to be sent to your mobile device. In addition, you acknowledge and agree that Keyless Entry can only be used when Bluetooth functionality is enabled on your mobile device and that mobile keys can only be issued to or deleted from the RED App when your mobile device has network connectivity. If your mobile device does not have network connectivity at any time, you will only be able to use valid mobile keys already installed in the RED App. Mobile keys licensed to you are specific to your mobile device and you will have to re-download the RED App and re-register for Keyless Entry if you get a new mobile device. If Keyless Entry is available to you, you acknowledge and agree that your guest room number for a valid reservation will be sent to your mobile device through the RED App and will be viewable to anyone with access to your mobile device through the RED App. You are solely responsible for restricting use of the RED App on your mobile device and keeping your mobile device secure—for example, by using passwords or other security functions necessary to restrict access to your mobile device or the RED App. You agree that you will not allow a third party to use your mobile device to access the RED App or use Keyless Entry on your mobile device. If at any time while you have a reservation that can be accessed via Keyless Entry your mobile device is lost, stolen, or hacked, you agree to immediately contact the front desk of the hotel where the reservation was made and to follow any instructions that the hotel or that Radisson Hospitality provides, including, without limitation, deleting or consenting to the deletion of any mobile keys from your mobile device). Neither Radisson Hospitality nor any participating property will be responsible for any problems or claims that may result from your failure to adequate secure your device or to notify the applicable hotel in the event that your mobile device is lost, stole, or hacked or is otherwise no longer in your possession or control or is compromised. You agree that you will only use Keyless Entry in connection with a valid reservation for the intended purposes of checking-in and of using your mobile device to access designated areas that you are lawfully permitted to access, including the guest room assigned to you. You shall not use Keyless Entry for any other purpose and you may only use Keyless Entry on a mobile device that you control. Copyright and patent laws and international treaty provisions protect Keyless Entry software and mobile keys. Any reproduction or redistribution of the software or mobile keys is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software or mobile keys for further reproduction or redistribution is expressly prohibited. Radisson Hospitality grants to you a limited, non-exclusive, non-transferable, revocable license to use Keyless Entry functionality on your mobile device while it is in your possession and under your control and only for use as otherwise set forth in these terms. Liability of Radisson Hospitality and Its Licensors and Partners THE CONTENTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADISSON HOSPITALITY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RADISSON HOSPITALITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RADISSON HOSPITALITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RADISSON HOSPITALITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. RADISSON HOSPITALITY ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY RADISSON HOSPITALITY, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, RADISSON HOSPITALITY' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE SHALL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, OR THE RIGHTS TO BRING SUCH CLAIMS OR CAUSES OF ACTION, ARISING OUT OF OR RELATED TO THE SITE, COMMUNICATION, OR THESE TERMS AND CONDITIONS AFTER ONE (1) YEAR FROM THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED. If you download and/or use our iPhone or iPad App: You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App. Your Account Indemnity General Applicable Laws Electronic Signature Notice and Take Down Procedures 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Our address and contact information for copyright issues relating to this Site are as follows: Radisson Hospitality, Inc. In an effort to protect the rights of copyright owners, Radisson Hospitality maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers. Complete Agreement Version 7.0/March 2018 |