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Terms & Conditions

Mandarin Oriental Hotel Group Limited

Fans of M.O. Terms and Conditions

January 2018

 

  1. General Terms and Conditions

    1. The Fans of M.O. Programme (the “Programme”) is operated and administered by Mandarin Oriental Hotel Group Limited and its affiliates (collectively, “MOHG”). The Programme will provide guests of MOHG-managed hotels that are participating in the Fans of M.O. Programme (“MO Hotels”) the opportunity to receive certain benefits from MO Hotels from time to time. The terms and conditions applicable to the Programme are set out in these “Terms and Conditions”.
    2. Members acknowledge and agree that their participation in the Programme is subject to and contingent on Member’s acceptance of the MOHG Privacy Policy found at: www.mandarinoriental.com/privacy-policy, Ad and Cookie Policy found at: www.mandarinoriental.com/cookie-policy, and Legal Notices found at: www.mandarinoriental.com/legal-notices. These policies and notices are deemed to be incorporated into these Terms and Conditions.
    3. Membership to the Programme will only be granted to individual persons. MOHG may grant or deny membership in the Programme in MOHG’s sole discretion, without the need for any reason or explanation. Individuals must be at least 18 years of age or have reached the age of majority, if older under applicable local laws. It is a Member’s sole and exclusive responsibility to ensure that they comply with these age requirements. Corporations and/or organizations are not eligible to enrol in the Programme.
    4. Individuals who apply for and are granted membership in the Programme (“Member” or “Members”) are eligible for Programme benefits when they stay at a MO Hotel as a paying guest and for exclusive Member-only access and offers (collectively “Benefits”). All Members acknowledge and agree that they must satisfy the age requirements specified above in order to legitimately benefit from membership in the Programme.
    5. Membership in the Programme is free, has no cash value and is not commissionable. No purchase is required to apply for membership in the Programme.
    6. Enrolment in the Programme can be made online at www.mandarinoriental.com/fans-of-mo (“Programme Gateway”). By enrolling and / or participating in the Programme, Members agree to abide by these Terms and Conditions. To enrol in the Programme, guests must provide their first and last names as well as a valid email address and a password. Upon successful enrolment, Members will be assigned an individual Member ID.
    7. MOHG reserves the right to amend or modify the Programme, Programme structure and/or these Terms and Conditions at its sole discretion at any time, with or without notice. Programme modifications may include changes to Benefits, redemption requirements and the features of special offers. A Member’s continued use of the Programme will constitute acceptance of the amendments and modifications.
    8. For specific Programme questions, please direct all communications to Member Services at: FansOfMO@mohg.com.
    9. MOHG may immediately suspend or terminate a Member’s membership in the Programme at any time without notice and/or for any reason, and in MOHG’s sole discretion; including without limitation, if MOHG suspects (even if not proven) the Member has breached or violated these Terms and Conditions, engaged in misuse or wrongdoing in connection with the Programme, acted in a fraudulent, inappropriate, hostile or abusive manner, failed to pay any amount due to MOHG or any MO Hotel, acted in a manner inconsistent with any applicable law, regulation, rule or ordinance, or resides in or relocates to a country where membership is prohibited under applicable law. Such termination will result in an automatic forfeiture of any Benefits and Member will no longer be able to participate in the Programme (a record of such termination will be retained on MOHG’s records). Nothing contained in these Terms and Conditions shall limit MOHG in the exercise of its legal or equitable rights or remedies.
    10. Members acknowledge and agree that MOHG reserves the sole and exclusive right to the interpretation of these Terms and Conditions. In the event of any dispute with Members, the determination of MOHG of the dispute will be final, without right of further appeal.
    11. Some MOHG-managed hotels will not be participating in the Fans of M.O. Programme and therefore will not provide the Benefits to Members. As at 1 January, 2018 the MOHG-managed hotels that are not participating in the Fans of M.O. Programme are as follows: Pink Sands Club and Hotel Santiago.
       
  2. Programme Membership

    1. Membership in the Programme is free and available to individuals residing in countries that legally permit participation in such programmes. Participation in the Programme indicates acceptance of these Terms and Conditions as well as any changes or modifications made to them by MOHG from time to time.
    2. No Member may transfer, assign or otherwise dispose of their Programme membership to a third party.
    3. By enrolling in the Programme, consent is given to MOHG to collect and use Member’s personal information in connection with the Programme. By providing contact information, Members agree to receive marketing communications, including offers and promotional messages, from MOHG and MO Hotels.
    4. MOHG is not responsible for communication errors resulting from a change to Member’s email address or contact information. Any change to Member’s email address should be made to Member Services. Members can log into their online account on the Programme Gateway.
    5. Members are solely responsible for ensuring that access to their online membership in the Programme is protected using a confidential and strong/secure password, and such password must not be disclosed to any other party. MOHG cannot be held liable for the consequences of any unauthorized access to a Member’s account.
    6. Providing fictitious, incorrect or false information may result in termination of your Programme membership and forfeiture of all Benefits.
    7. An individual is not permitted to have more than one Membership. In the event more than one account number is assigned to the same individual, the duplicate account may be cancelled by MOHG, and only the Benefits, excluding any welcome Benefits, will be transferred to the remaining account as determined by MOHG in its discretion.
    8. Membership may be cancelled by a Member at any time by notifying Member Services by email. Cancellation may take up to two (2) weeks to finalize. Upon cancellation, membership will be deactivated and any offers or unused Benefits will be forfeited.
    9. Any Membership that has been inactive for a period of not less than five years may be terminated by MOHG, in its sole discretion, with any unused Benefits being forfeited. Membership will also automatically terminate upon the death of the Member, with any unused Benefits being forfeited.
       
  3. Data Privacy and Membership Communications

    1. Member accepts and explicitly agrees that personal information which is supplied by or on behalf of Member when enrolling for membership in the Programme and/or supplied to and/or obtained by MOHG during the course of the Member’s membership in the Programme, will be processed by MOHG in accordance with the MOHG Privacy Policy (found at: www.mandarinoriental.com/privacy-policy). In particular, but without limitation, MOHG processes Members’ personal information as follows:
      1. MOHG will collect, retain and process Members’ names, contact details, demographics, preferences (including food allergies, medical conditions and other sensitive data) and transaction data (collectively, “PII”) from the information Members provide MOHG and the MO Hotels, and from personal interactions Members have with service staff at properties managed by MOHG, in order for MOHG to inform Members of and/or provide Members with the services MOHG thinks Members may be interested in or that Members may request from MOHG and/or the MO Hotels from time to time.
      2. Members’ PII will be shared with MOHG’s global network of companies and the service providers that assist MOHG with administering Members’ PII (collectively, “MO Hotel Network”). Accordingly, a Member’s PII may be transferred to, processed in and stored at a country outside a Member’s country of residence (including outside the EEA, if the Member is an EEA resident).
      3. The MO Hotel Network will contact Members by letter, email, phone, text and/or fax to inform Members of news and promotions regarding hotels, travel, food & beverage, spa, conferencing, fashion and real estate products and services that are related to or associated with the Programme and/or MO Hotels.
    2. Members may opt-out of receiving communications under the Programme by updating their online Member profile via the Programme Gateway or by directly notifying Member Services. Any other methods of opting-out will not be valid or acceptable unless otherwise agreed to in writing by MOHG. However, in exercising such opt-out, the Member’s membership in the Programme may be terminated by MOHG and/or Member’s access to Benefits may be limited, terminated or otherwise restricted as a result.
    3. Programme communications will be sent to the Member’s mailing address, email address, phone number or such other contact details as provided in the Member’s account. Members are solely responsible for keeping their email, phone numbers, mailing addresses and other contact details current, and for keeping all such contact details secure against unauthorized access.
    4. Members may change personal details held by MOHG at any time by accessing their Programme membership account via the Programme Gateway. MOHG may require Members to send supporting documentation satisfactory to MOHG, prior to allowing certain changes to Members personal details (e.g., legal name changes).
    5. MOHG may disclose details of Members’ membership in the Programme to the extent required by applicable laws and regulations, or as may be required by court order.
       
  4. Programme Benefits

    1. Members acknowledge and agree that, with respect to Members’ use and enjoyment of Benefits at a MO Hotel: (a) the actual use and enjoyment of Benefits by a Member is not provided by MOHG itself but by the MO Hotel at which the Member elects to use or enjoy the Benefits; (b) MOHG utilises the Programme to facilitate communications between the Members and the MO Hotels, so the Members can obtain the Benefits direct from the MO Hotels; (c) any claims, damages, liabilities and expenses of any kind or nature arising from, relating to or associated with the Member’s use or enjoyment of the Benefits at a MO Hotel will be brought by the Member exclusively against that MO Hotel only, and will be subject to the Member’s contract with that MO Hotel (whether express or implied) for the provision of the Benefits to the Member (“Local Contract”); and (d) the Local Contract will be governed by the local laws and venue applicable to that MO Hotel supplying the Benefits to the Member.
    2. A list of the currently available Benefits can be found at www.mandarinoriental.com/fans-of-mo/terms-conditions/benefits. Such Benefits may be changed, substituted or deleted by MOHG from time to time at MOHG’s discretion and are subject to availability.
    3. Except as expressly set forth in these Terms and Conditions, Benefits made available to Members are void if a Member sells, barters, auctions, donates, assigns, conveys, or otherwise transfers them (or makes any attempt to do so) in a manner not expressly allowed by these Terms and Conditions or otherwise permitted by MOHG (in writing) in its sole discretion.
    4. Benefits are subject to all applicable laws, rules, regulations, ordinances and may be subject to applicable taxes and fees. All taxes and fees are the sole responsibility of the Member.
    5. Members will only be entitled to receive the Benefits if they have clearly identified themselves to the MO Hotel front desk staff at check-in and provided their Membership ID number.
    6. Some Benefits may not be available at all MO Hotel locations.
    7. Unless otherwise stated, the Benefits cannot be used in conjunction with any other promotions or discounts.
    8. If the Benefit provided by a MO Hotel includes the provision of internet access at the MO Hotel, then the Member will be subject to the High Speed Internet Access Terms and Conditions of Use as attached to the end of these Terms and Conditions.
       
  5. Indemnification and Liability

    1. Members hereby agree to waive and release, indemnify, hold harmless, and forever discharge, and covenant not to sue MOHG, its shareholders, employees, agents or contractors (collectively “Indemnified Parties”) for any and all claims, damages, liabilities and expenses of any kind or nature arising from, relating to or associated with the Member’s Membership under the Programme and/or Member’s use or enjoyment of the Benefits.
    2. In the event Member has any complaint, dissatisfaction, claim or other issue of any kind or nature arising from, relating to or associated with the Member’s Membership under the Programme and/or Member’s use or enjoyment of the Benefits, Member’s sole and exclusive remedy against MOHG will be termination of its membership in the Programme.
    3. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAMME OR THESE TERMS AND CONDITIONS.
       
  6. Other Terms

    1. No Warranties or Representations, Express or Implied. MOHG makes no warranties or representations, either expressed or implied with respect to type, quality or fitness of goods or services provided through the Programme or by MO Hotels.
    2. Not Responsible for Acts, Errors, or Omissions. MOHG is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, or Benefits; (b) theft or unauthorized redemption of Benefits; (c) any acts or omissions of third parties (including, without limitation, MO Hotels); or (d) any errors published in relation to the Programme, including, without limitation, any pricing or typographical errors, errors of description, errors regarding MO Hotels, and errors in the awarding of Benefits to Members. MOHG reserves the right to correct, without notice, any errors.
    3. Prevailing Language. In the event of any discrepancy between the English version and any translated version of these Terms and Conditions, the English language version will prevail.
    4. Waiver. MOHG’s waiver of any breach of these Terms and Conditions by any Member will not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. MOHG’s failure to insist upon strict compliance with these Terms and Conditions by any Member will not be deemed a waiver of any rights or remedies that MOHG may have against that, or any other, Member. MOHG may waive compliance with these Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
    5. Severability. If any provision of these Terms and Conditions is declared invalid by order, decree or judgment of a court of competent jurisdiction, these Terms and Conditions must be construed as if such provision had not been inserted herein, and such invalidity will not affect the other provisions of these Terms and Conditions. All provisions not affected by such invalidity will remain in full force and effect.
    6. Governing Law. Membership in the Programme and any complaint, dissatisfaction, claim or other issue raised against MOHG in relation to or associated with the Programme will be subject to the laws of the Hong Kong Special Administrative Region.
    7. Dispute Resolution. Members agree that all disputes, controversies or claims arising out of or relating to these Terms and Conditions and/or the Member’s membership in the Programme, or the breach, termination or invalidity thereof, must be settled by arbitration in accordance with the Hong Kong International Arbitration Centre Arbitration Rules. The place of arbitration will be Hong Kong. There will be one arbitrator and the language to be used at the arbitral proceedings will be English only.
    8. Entire Agreement. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between MOHG and Members 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 as agreed in writing, or as may be unilaterally amended or modified by MOHG in accordance with these Terms and Conditions.

High Speed Internet Access Terms & Conditions of Use  ("Terms of Use") 

Acceptance of the Terms of Use 

These Terms of Use are entered into by and between (i) the Member (“you” or “your”) and (ii) the MO Hotel at which you are receiving the Benefit of high speed internet access. Please read the Terms of Use carefully before you start to use the High Speed Internet Service (the "Service" or "Services") at the MO Hotel. By using the Service you accept and agree to be bound and abide by these Terms of Use, the MOHG Privacy Policy found at mandarinoriental.com/privacy-policy, incorporated herein by reference, and the Privacy Policy of Guest-Tek Interactive Entertainment Ltd. (“Guest-Tek”) found at guesttek.com/privacy-policy/.  If you do not want to agree to these Terms of Use, or the Privacy Policies, you must not access or use the Service.  

Changes to the Terms of Use 

We, being the applicable MO Hotel and Guest-Tek, may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.  

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Service and Account Security 

We reserve the right to withdraw or amend the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to the Service to users, including registered users. 

You are responsible for: 

  • Making all arrangements necessary for you to have access to the Service. 

  • Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them. 

  • To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, is governed by the applicable Privacy Policies, and you consent to all actions we take with respect to your information consistent with the applicable Privacy Policies. 

  • If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

High Speed Internet Access Agreement 

You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that must be avoided. Common sense is the best guide as to what is considered acceptable use.  By using the Services, you agree to comply with these Terms of Use. Do not use the Services if you do not agree with these Terms of Use. The Services are supplied to you by the applicable MO Hotel providing you the high speed internet access and Guest-Tek (collectively referred to as the “Providers”).  

Failure to observe the guidelines set forth in these Terms of Use can result in anything from a warning to a suspension of privileges or termination of your access to the Services.  Decisions of Providers' staff are final.  Providers may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake.   

By using this Service, you are using the Internet at your own risk. Providers are not responsible for any Internet content you view, or transactions or data transmissions you undertake using the Services.  

General Use  

Services include any High Speed Internet Access from guestrooms and/or meeting rooms.  Your use of these Services is subject to the terms and conditions of these Terms of Use which is intended to provide you with a set of guidelines you must follow in your use of the Services.  You are responsible for avoiding prohibited activities.  

The Providers will not, as an ordinary practice, proactively monitor the activities of those who use the Services to ensure that users comply with these Terms of Use and/or the law.  If the Providers are alerted to violations or potential violations of these Terms of Use, they will take whatever measures are deemed necessary to stop or prevent those violations, including the actions described herein.   

During the use of the Service you agree to keep private and confidential any identifying information assigned to you including user names, passwords, IP addresses, MAC addresses and other authentication methods.  

Guidelines for Use 

The following is a list of guidelines for using the Services. These guidelines are not an inclusive listing of prohibited conduct. Email Abuse and Spamming 

The Services you are receiving from the Providers may include the ability to send and receive electronic mail.  Use of your electronic mail account to send unsolicited commercial messages is prohibited. Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited.  Forging electronic mail headers (addresses) is also prohibited regardless of commercial content. Use of electronic mail to harass or intimidate other users is prohibited. 

Spamming, sending large numbers of unsolicited commercial email messages or unsolicited bulk email to advertise, offer, sell, or buy any goods or services, for any business or individual, is strictly prohibited.  In response to a complaint, the Providers have the discretion to determine, from all of the evidence received, whether the intended recipients were from an opt-in email list. 

In the interest of maintaining network performance, you should not send unreasonably large electronic mail attachments. You are prohibited from running programs designed to defeat network inactivity time-outs and maintaining an open SMTP relay is prohibited. 

Facilitating a Violation of these Terms of Use 

You are strictly prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of these Terms of Use.  This includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. 

Illegal Activity and Tortious Conduct 

Any activity on the Providers network that is a violation of any national or local law is a violation of these Terms of Use. Prohibited activities include, but are not limited to: transmitting obscene materials; intentionally spreading computer viruses; gaining unauthorized access to private networks; engaging in the transmission of pirated software; conducting or participating in illegal gambling, soliciting for illegal pyramid schemes through electronic mail or Internet web-site, newsgroups, Usenet, chat relay or chat room postings. 

You are strictly prohibited from using the Services to, or in a manner that:  

  • violates rules, regulations and policies applicable to any network, server, computer database, web site or ISP that you access through the Services;   

  • violates any law, regulation, treaty or tariff;  

  • violates or infringes upon any third party copyright; 

  • is defamatory, fraudulent, malicious, indecent, offensive or deceptive;  

  • exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 

  • restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the MO Hotel or users of the Service or expose them to liability; 

  • threatens, harasses, abuses, or intimidates others; 

  • damages the name or reputation of the Providers, their affiliates or subsidiaries; 

  • or creates or attempts to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of the Providers; 

  • could disable, overburden, damage, or impair the Service or interfere with any other party's use and enjoyment of the Service, including their ability to engage in real time activities through the Service; 

  • use any robot, spider or other automatic device, process or means to access the Service for any purpose; 

  • use any manual process to monitor or copy any of the material, or for any other unauthorized purpose without our prior written consent; 

  • use any device, software or routine that interferes with the proper working of the Service; 

  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 

  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service,  or any server, computer or database connected to the Service;  

  • otherwise attempt to interfere with the proper working of the Service. Infringement of Intellectual Property Rights. 

You are prohibited from making available, publishing, submitting, copying, uploading, posting, transmitting, reproducing, theft of, infringement on, or distributing information, software, or other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consents to do the same.  This prohibition includes the use of any material or information including images or photographs that are made available through the Services. 

Internet Relay Chat and Chat Room Postings and Abuse 

Although the Providers do not offer software or technical support for Internet Relay Chat (IRC), you may use the Services to connect to IRC servers and networks maintained by third parties.  Please remember that you are a guest when you make use of these facilities.  It is particularly important that you do not engage in activities that might interfere with other customers’ access to IRC. 

You shall not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network, or channel. 

You shall not engage in activities that harass other users.  This includes, but is not limited to, flooding (rapidly entering text with the intent to disrupt service), flashing (disrupting terminal emulation), takeovers (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors. 

You shall not attempt to impersonate other users.  The use of nicknames does not necessarily constitute impersonation. 

You shall not run clones (multiple, simultaneous IRC connections) and/or robots. 

You are also prohibited from abusing chat rooms.  Such abuse includes, but is not limited to, scrolling (repeatedly entering either meaningless characters, three or more repeated blank lines, the same text three or more times, or consistently repeating text in a Chat room). 

Internet Web-sites, Newsgroups and Usenet Postings and Abuse 

The Services give you access to millions of Internet web-sites, newsgroups and Usenet groups (Discussion Groups). These Discussion Groups allow you to read and post articles on a variety of topics. Discussion Groups may be moderated or unmoderated. Discussion Groups may also have a charter that describes what posts are appropriate. 

Posting commercial messages to a Discussion Group is a violation of these Terms of Use unless that specific Discussion Group has invited commercial postings in its charter. If you are unable to find a Discussion Group's charter, or the charter does not address commercial posts, you must assume that commercial posting to that Discussion Group is not welcome. 

Posting off-topic articles or articles that are not related to that Discussion Group's subject matter as defined in the Discussion Group's charter are also not welcomed. Cross-posting identical postings to over five Discussion Groups, posting for the purpose of threatening, harassing or intimidating Discussion Group users and forging Discussion Group post header information are also prohibited activities. 

The Providers do not censor or control content posted to a Discussion Group. As a user of the Services, you are solely responsible for the content that you publish. Upon notification that certain postings violate this policy, the law, or infringe on a trademark or copyrights of another, the Providers may, at their discretion, remove offending posts from its news server. 

The Providers reserve the right not to accept postings from Discussion Groups where we have actual knowledge that the content of the Discussion Group violates these Terms of Use. 

Network and Computing Device Security 

You are required to take all necessary steps to manage the use of your personal computing devices including the devices hardware, operating systems, applications, services and databases (Computing Device) when connected with the Services obtained from the Providers.   

Violations of any system or network security are prohibited, and may result in criminal and civil liability.  The Providers will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.   

Examples of System or network security violations include, but are not limited to the following: 

  • Failing to secure your system against abuse.  You are responsible for configuring and securing your Computing Device(s) to prevent the disruption of service to other customers.  You will be held liable if unknown third parties utilize your Computing Device or the Services at any time for the purpose of illegally distributing licensed software.  It is your responsibility to monitor the use of your Computing Device and this Service.  Examples of unsecured services would be use of SMTP relay, incorrect configuration of Proxy or SOCKS services, PC Anywhere, SNMP, FTP, VNC and HTTP. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.  It is your responsibility to ensure that your network and/or computer are configured in a secure manner.  You may not, through action or inaction, allow others to use your network for illegal or inappropriate uses, and/or any other disruptive, provoking, abusive behavior that is in violation of these Terms of Use for the Service(s) you have purchased; 

  • Using any software or device that allows your Computing Device to stay logged on while you are not actively using the Services; 

  • Using the Services for the purpose of operating a server of any type without previously obtaining written consent from the Providers; 

  • Uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another; 

  • Hacking breaking the security on any computer network or accessing an account that does not belong to you.  This includes, but is not limited to, unauthorized  

  • Access to, or use of, data, systems or networks or devices thereof, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; 

  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.  This would include use of sniffers or SNMP tools. 

Other Activities 

You are prohibited from engaging in any other activity, illegal or not, that the Providers determine in their sole discretion, to be harmful to its guests, operations, reputation, goodwill, or customer relations. 

Monitoring and Enforcement; Termination 

We have the right to: 

Take any action with respect to any User activity that we deem necessary or appropriate in our sole discretion, including if we believe that such User activity violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Providers. 

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.  

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS THE PROVIDERS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we do not undertake to review use of the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or by using the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL THROUGH THE SERVICE 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PROVIDERS NOR ANY PERSON ASSOCIATED WITH THE PROVIDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PROVIDERS NOR ANYONE ASSOCIATED WITH THE PROVIDERS REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THE SERVICES OR ITEMS OBTAINED THROUGH THE USE OF THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

THE MO HOTEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability 

THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING MATERIAL THROUGH USE OF THE SERVICES.  IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST THE PROVIDERS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF THE SERVICES. 

YOU AGREE TO HOLD THE PROVIDERS, WHICH INCLUDES THEIR AFFILIATES, PARENTS, SUBSIDIARIES, AGENTS, OFFICERS, MANAGEMENT COMPANIES, SERVICE PROVIDERS AND MANAGERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE PROVIDERS FOR, ANY CLAIMS BASED ON USING THE SERVICES. 

Indemnification 

You agree to defend, indemnify and hold harmless the MO Hotel, its affiliates, parents, subsidiaries, managers, management companies, agents, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your use of the Service other than as expressly authorized in these Terms of Use or your use of any information obtained through the Service 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  

Waiver and Severability 

No waiver of by the MO Hotel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the MO Hotel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement 

The Terms of Use and the Privacy Policies constitute the sole and entire agreement between You and the MO Hotel with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. 

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Terms & Conditions

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