Site Security for Valencia Group
Thank you for your interest in Valencia Group, our website (the “Site”), our hotels and our services. We hope that you will enjoy learning more about the Valencia Group Inc., our history, expertise and portfolio, and our hotels. So that you may fully enjoy the Site and our online services, we would like for you to be aware of the terms that govern your use of the Site.
As used in these Terms and Conditions (these “Terms”), “you” and “your” refer to the user of the Site (each a “User”). “Valencia,” “we,” “us” and “our” refers to Valencia Group Inc., together with their respective subsidiaries, parent or affiliated companies and/or third party licensors.
BY USING THE SITE, YOU SPECIFICALLY AGREE TO THESE TERMS. If you do not agree to the terms below, you are required to exit the Site and make no further use of the Site.
You also should read our Privacy Statement, available here, which contains important information about your use of the Site and our use of the information you provide to us.
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.
Without limiting the foregoing, the following marks are owned as described below under TRADEMARKS APPEARING ON THIS WEBSITE.
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.
In addition, you may not do any of the following:
- modify, reverse-engineer, decompile, disassemble, download (other than temporary loading into your browser while accessing the Materials), reproduce, copy, or resell the Site, the Materials or any portion or derivative thereof;
- copy or download any User’s account or personal information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Site or its systems; use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose;
- interfere or attempt to interfere with the proper working of the Site;
- bypass any of our measures used to prevent or restrict access to any portion of the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or the Materials;
- use the Site and the Materials for any purpose other than their intended purposes to provide users with additional information about the Valencia Group and its services, subject to these Terms;
- post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- use the names, trade names, trademarks, service marks or logos of Valencia or any of its clients, including but not limited to in any meta tags or any other “hidden text” or compile, repackage, disseminate or otherwise use data extracted from the Site.
We reserve the right to prohibit or restrict conduct or communication that we deem in our sole discretion to be harmful to Users, us, our affiliates, the Site, or any third party, or to violate any applicable law.
Unauthorized use of the Site or the Materials or violations of these Terms may subject the User to civil and criminal penalties.
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.
We also reserve the right to modify the Site and the Materials from time to time without notice.
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.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, THE MATERIALS, OR E-MAILS SENT FROM OR ON BEHALF OF US OR THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE OR WARRANT ANY RESULTS FOR ANY DEVELOPMENT OR MANAGEMENT PROJECTS AND NO STATEMENTS OR DECLARATIONS FROM REPRESENTATIVES OF VALENCIA, WHETHER WRITTEN OR ORAL, SHOULD BE RELIED UPON AS GUARANTEES OR WARRANTIES OF RESULTS FOR ANY SUCH PROJECT.
WE CANNOT AND DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, CONTENT, AND MATERIAL AVAILABLE THROUGH OR DESCRIBED ON THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE MATERIALS, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE MAXIMUM LIABILITY THAT WE MAY HAVE UNDER THESE TERMS OR RELATING TO THE USE OF THE SITE OR THE MATERIALS BY YOU IS A REFUND OF THE FEES YOU PAID TO US FOR YOUR USE OF THIS SITE, IF ANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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.
Each of you and us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Headings used in these Terms are for reference only and shall not affect the meaning of any terms.