
Ownership of All Materials on the Site
All of the information and materials on the Site (collectively, the “Materials”), are the valuable property of Valencia and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. All Materials are copyrighted as a collective work under the U.S. copyright laws and Valencia owns a copyright in the selection, coordination, arrangement, and enhancement of the Materials.Restrictions on Your Use of the Site
You are granted a limited, non-exclusive, non-transferable and revocable license to copy and display the Materials in accordance with these Terms. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Materials protected by copyright, or other proprietary right, without obtaining our permission.Submissions
We value User feedback about the Site and the Materials. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, or other information of any nature (collectively, “Submissions”) submitted by you to us (whether through the Site or otherwise) shall be deemed to be, and shall remain, our sole and exclusive property. You shall be deemed to have irrevocably assigned all or your worldwide right, title and interest in and to such Submissions to us, and waived any “moral” or author’s rights therein. None of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of all or part of any of the Submissions. Without limiting the generality of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.Changes to these Terms
We reserve the right to make changes to posted policies and these Terms at any time. It is our policy to post a notice on the site alerting users of a change, but we will not be responsible if for any reason we fail to do so. Your use of the Site or the Materials after a change in these Terms will constitute your acceptance of the revised Terms.Disclaimers and Limitation of Liability
WE PROVIDE THE SITE AND THE MATERIALS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.Links
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.Provisions of these Terms Are Severable
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.Applicable Law and Jurisdiction for these Terms
The Site and the Materials are created and controlled by us in the State of Texas. The laws of the State of Texas will govern these Terms, without giving effect to any principles of conflicts of laws. Each of you and us agree to submit to the nonexclusive personal jurisdiction of the courts located within Texas and waives any objection to venue in said courts.General Provisions
Except as described in the Privacy Policy and the next sentence, these Terms, including all documents or web pages referenced herein, represent the entire understanding between you and us regarding your relationship with us regarding this Site or the subject matter of these Terms and supersede any prior statements or representations. In the event that you have used the Site to obtain additional information about our hotels or other services and you then enter into a contract with us for the provision of such services, those services will be governed solely by the terms of that separate written agreement, and this Site and any information contained in the Materials shall not apply.Our Commitment To Privacy
Your privacy is important to us. This Privacy Statement explains how we may collect, store and use the information you provide to us, whether online, by telephone or in person. It also explains choices you can make about the way your information is collected and used.Browsing
This Web site does not collect personally identifiable information when you browse this Web site and request pages from our servers unless you voluntarily and knowingly provide it to us. This means that we will not know your name, your email address, or any other personally identifiable information just because you browse the Web site unless you:Information We Collect When You Make a Reservation
If you would like to make a reservation at one of our hotels, we may ask you for information including name, address, telephone number, email address, credit card number, Valencia VIP Rewards number (if applicable), room preference and similar information to process your reservation. The same types of information would be requested to complete a gift certificate purchase. The personally identifiable information you provide to us for making a reservation (whether on line, over the phone or in person) is used by us for the purpose of meeting your reservation request and providing services to you during your stay. After making a reservation or completing your stay at a Valencia hotel, unless you tell us otherwise, the information you provide may be used by us for marketing of Valencia hotels and other Valencia products. The information (other than credit card information) may also be used in accordance with the Paragraphs below titled “Disclosure of Information to Third Parties” and “Emails about Special Offers and Promotions and Opt-Out” below. Valencia may use the services of third-party mail houses for the sole purpose of mailing materials. We may also use third parties to operate our telephone reservation systems.Information We Collect When You Join Our Valencia VIP Rewards Program
At your choice, you may elect to join our Valencia VIP Rewards program. As part of the registration process you may provide us information including your birth date, preferences regarding amenities, services or room type and other information you decide to provide to us. We will use that information to administer the Valencia VIP Rewards program and provide you the opportunity to maximize the benefits of membership. We will only disclose Valencia VIP Rewards member information to: the Valencia group of companies, person(s) authorized by you; owners or franchisees of Valencia hotels, fulfillment houses, email service providers and mail houses that process mail for such entities; companies with whom Valencia has a strategic relationship as described in the Paragraph below titled “Emails about Special Offers and Promotions”, and marketing companies that provide services to the Valencia group of companies and owners or franchisees of Valencia hotels; in each case for the following purposes:Information We Collect When You Create a Personal Account
We may offer web based tools allowing you, at your choice, to create a personal account. You may choose to provide information such as your name, address, email address, room type, frequently visited cities, travel activities (e.g., golf, tennis) and similar information. Creating a personal account can make it more convenient for you to make reservations by eliminating the need to repeatedly enter personal preference information. It will allow us to inform you about special offers and promotions that may be of interest to you. You are required to protect the confidentiality of any password or user ID we provide to you. You should also log off or close your browser after you visit any secure areas of our site in order to help protect against unauthorized access by third parties.How We May Use Your Email Address
If you provide us with your email address, we may use your email address to:Emails about Special Offers and Promotions
It is our intention to only send you email communications that will be useful to you and that you want to receive. When you join Valencia VIP Rewards, make a reservation, request a copy of your hotel bill via email and provide your email address or otherwise provide us your email address, we may periodically contact you via email and provide information about special offers and promotions that may be of interest to you. These communications will relate to Valencia offers which may also include the promotions of select, reputable third parties with whom Valencia has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We typically use third party email service providers to send emails. These service providers are contractually prohibited from using your email address for any purpose other than to send Valencia related email.Disclosure of Information to Third Parties
Valencia may use the services of third parties, such as market researchers, fulfillment houses, email service providers and mail houses that process mail for the Valencia group of companies, persons authorized by you, and Valencia hotel owners or franchisees as well as such entities and marketing companies that provide these services for the Valencia group of companies and Valencia franchisees. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Valencia specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. Except as described in this paragraph and the Paragraphs titled “Valencia VIP Rewards Communications and Use of Member Information” and “Emails about Special Offers and Promotions” we do not permit the sale or transfer of personally identifiable information to entities outside of the Valencia family of companies and hotels and our third party service providers for any non-Valencia use without your approval.Procedures for Opting Out
We provide you the ability to define and modify your mailing preferences online at anytime including unsubscribing from all marketing communications.Cookies
Our Web site uses “cookie” technology. “Cookies” are encrypted strings of text that a Web site stores on a user's computer. Our Web site requires the use of a Cookie throughout the online reservation process. Without Cookies we will not be able to keep information you enter on multiple pages together. For example, unless Valencia.com can remember the dates you used in your hotel search, we will not be able to check room availability. Cookies also enable us to customize our Web site and offerings to your needs and provide you with a better online experience on Valencia.com. In addition, we may use Cookies to:Pixel Tags
Valencia and its third-party service providers may use pixel tags (also known as “clear gifs,” “beacon gifs,” etc.). Pixel tags are not visible to the user of the Web site and consist of a few lines of computer coding delivered with the Web page. Pixel tags are not used to collect any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Valencia. Valencia and our email service provider may use pixel tags to improve customer service, learn how visitors use our Web site, know how many users open an email and allow our service provider to compile aggregated statistics about an email campaign for us. Pixel tags may also allow us to better target interactive advertising, enhance customer support and site usability, and provide offers and promotions that we believe would be of interest to you.Credit Card Information
We do not share or sell your credit card information with any third parties except to the extent necessary to complete the transaction for which you provide the credit card information. We may provide web based tools allowing you, if you choose, to include your credit card information in your personal account information. Your credit card information may be used for subsequent reservations to increase reservation speed and eliminate the need for you to repeatedly enter your credit card information. The security of this information is addressed in security section below.Securing the Transmission and Storage of Credit Card Information and Other Security Measures
When we ask you for credit card data, it is transferred over a Secured Sockets Layer (SSL) line, provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator. The areas of our Web site that request credit card information are Verisign Secured.Other Sites
Valencia is only responsible for the privacy statement and content of this Web site. We are not responsible for the privacy practices or the use of cookies on Web sites that you have accessed this Web site from and to the non-Valencia Web sites that you may access from this Web site.Legal Issues
This is a United States Web site and is subject to laws of the United States and the State of Texas. Valencia will disclose personally identifiable information without your permission when required by law, or when we in good faith believe that such action is necessary to investigate or protect against harmful activities to Valencia guests, visitors, associates, or property (including this site), or to others. We may also disclose information without your permission to the extent necessary to enforce any contract we have with you or obligation you owe us.Our Commitment To Children's Privacy
Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information at our Web site from those we actually know are under 13, and no part of our Web site is structured to attract anyone under the age of 13. It is our policy to comply in all respects with the Children’s Online Privacy Protection Act (COPPA).Phishing Warning
Please note that Valencia will never send you email requesting your user name, password, credit card number or social security number. If you receive an email that looks like it's from Valencia, but asks you for your credit card number or social security number, it's a fraudulent email, or “phish.” We recommend that you do the following:Comments or Feedback
If you have comments or would like to provide feedback to this Privacy Statement, please contact us at privacy@valenciagroup.com or by sending a letter to: Internet Customer Care, Five Post Oak Park, 4400 Post Oak Parkway, Suite 1640, Houston, Texas 77027.Changes to this Privacy Statement
In the future, we may need to change this privacy statement. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. If we change our Privacy Policy statement in a manner that expands our rights to use or disclose your data, we will send you notice by email with a description of the change. You will have an opportunity to reject that change by using the “opt out” procedures described above or in that email. Our goal is to provide you at least thirty days notice before the change is effective, but that may not always be possible. If you do not opt out, the amendment may be retroactive to information you previously supplied. If we change our Privacy Statement in a manner that does not expand our rights to use or disclose your data (i.e. to update the policy to address new legislation or to change references to names or marks), then we may post the new Privacy Statement without sending an email to you. That new policy will take effect once it is posted on this Web site. This statement was last updated in May 2008.