Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
The documents, videos, data, content, images, information and other materials (collectively the “Materials”) contained on the website evenwww.wpengine.com (the “Site”) are provided by Six Continents Hotels, Inc., a company within the InterContinental Hotels Group, and its parents, subsidiaries and affiliates (“IHG”), exclusively for entertainment, non-medical, non-commercial, individual enjoyment by Site visitors (“Users”) and for no other purpose (“Authorized Use”).
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES ON THE SITE AS AMENDED FROM TIME TO TIME BY IHG (“AGREEMENT”) WITHOUT MODIFICATION BY YOU. If you are not making an Authorized Use, and if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it.
IHG reserves the right to change, add, delete, or modify any of the terms, conditions, and notices under which the Materials and the Site may be used, accessed, shared, downloaded, displayed or offered at any time and for any reason and such changes, additions, deletions, or modifications will be effective immediately upon posting to the Site. Your continued use of the Site and/or any of the Materials shall constitute acceptance of any changed or modified terms, conditions, or notices.
THE MATERIALS PRESENTED ON THE SITE ARE INTENDED ONLY FOR NON-MEDICAL AND ENTERTAINMENT PURPOSES ONLY. THE SITE IS NOT AFFILIATED WITH AND IS NOT A MEDICAL ORGANIZATION AND CAN NOT PROVIDE MEDICAL ADVICE. THE MATERIALS CONTAINED ON THE SITE ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL CONSULTATION. YOU SHOULD CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING A FITNESS PROGRAM AND BEFORE USING ANY OF THE MATERIALS OR INCORPORATING ANY OF THE MATERIALS INTO YOUR DAILY ROUTINE OR LIFESTYLE. RELIANCE ON ANY MATERIALS OR INFORMATION CONTAINED ON THIS SITE WHETHER PROVIDED BY SITE OWNER, THIRD PARTY CONTENT PROVIDERS, USERS OR OTHERS IS SOLELY AT YOUR OWN RISK.
AGREEMENT FOR USE. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Site in accordance with all terms and conditions herein and any notices posted on the Site. You may be given the opportunity to subscribe via an online form that may allow you to receive information from the Site as well as participate in certain User features on the Site which may allow you to use, publically post, submit comment or otherwise interact with the Site. IHG will use the information you provide in accordance with the IHG Privacy Statement [insert link]. By subscribing and/or participating you represent and warrant that all information that you provide is current and accurate to the best of your knowledge.
When submitting content to the Site, you agree not to submit, upload, post or otherwise distribute any content that:
- Contains personally identifiable information about other individuals, including Site users or that infringes on the privacy rights of any third party.
- Is protected by copyright, trademark, trade secret, or other proprietary right of a third party without the express written consent of the owner of such right. You will be solely liable for any and all damages resulting from such infringement and will indemnity IHG for any third-party infringement claims that relate to any material or content you post.
- Contains obscenities, discriminatory language, or other language not suitable for a public forum
- Violates or infringes upon the rights of others, including posting defamatory or harassing content or exhibiting stalking or threatening behavior
- Contains advertisements, solicitation for products or services, “spam” content, chain letters, pyramid schemes or other forms of solicitation;
- Does not reflect the topic of discussion or theme in the comments; and
- Critical or spiteful comments on other content posted on the page or about any of the authors of such content
IHG is not responsible for content or materials posted or submitted to the Site by Users, including but not limited to in materials or content in the comments sections, forums or any other interactive pages on the Site (“User Content”).
IHG shall have the right, but not the obligation, to monitor User Content submitted to or posted on the Site to determine compliance with this Agreement. IHG reserves the right, in its sole discretion, to screen, edit, refuse to post or remove without notice any User Content posted on or submitted to the Site at any time and for any reason. By submitting or posting User Content to the Site, you automatically grant IHG and its parent companies, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content by IHG does not violate this Agreement and will not violate any rights of or cause injury to any person or entity, including rights of intellectual property.
User Content is and will be considered non-confidential and IHG is under no obligation to treat User Content as confidential. Once User Content has been submitted to or posted on the Site, IHG has no duty to attribute the content to you and shall not be obligated to enforce any intellectual property rights on your behalf to third parties.
ADDITIONAL PROHIBITED CONDUCT. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of IHG; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
THIRD PARTY CONTENT. IHG is a distributor of content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the Site, , are those of the respective author(s) and not of IHG. Neither IHG nor any third party provider of Materials guarantees the accuracy, completeness, or usefulness of any content.
IHG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site or contained in any of the Materials. Under no circumstances will IHG be liable for any loss or damage caused by your use or reliance on the Materials, including but not limited to for any actions or inaction on your part based on the Materials.
INTELLECTUAL PROPERTY RIGHTS. This Site and the Materials may contain and/or reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of IHG and/or other third parties. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of IHG and/or other third parties is granted to or conferred upon you except for the limited license to view and copy as described below. Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, published, distributed, downloaded, posted, displayed, uploaded, transmitted, modified, used or used to create a derivative work, sold or in any way exploited in whole or in part except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any IHG trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
LIMITED LICENSE TO VIEW AND COPY. The Materials displayed on this Site are the property of IHG and/or other third parties. The downloading, reproduction, or retransmission of Site content, other than for non-commercial individual use, is strictly prohibited. This Site is to be used for personal use only and only in accordance with this Agreement. Commercial uses of this Site are strictly prohibited. You are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use and in accordance with this Agreement.
LINKED WEB SITES. This Site may include links to other web sites. The Site provides such links solely as a convenience to you and for informational and entertainment purposes only. IHG has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates an IHG endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither IHG, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
DISCLAIMER. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IHG DOES NOT WARRANT THE SITE WILL BE UNINTERRUPED OR ERROR FREE. FURTHER THE CONTENT OR MATERIALS OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR NON-MEDICAL, INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. NONE OF IHG OR ITS THIRD PARTIES RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION OR MATERIALS THAT MAY BE INCLUDED ON THE SITE. IHG IS NOT LIABLE FOR ANY USER CONTENT THAT CONTAINS DEFAMATORY, OFFENSIVE OR ILLEGAL COMMENTS OR IS OTHERWISE AN INFRINGEMENT OF ANY OTHER RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL IHG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNATIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY IHG OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF IHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): IHG MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. IHG WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE. IF YOU DO NOT AGREE WITH THIS DISCLAIMER, YOU SHOULD NOT ACCESS THE SITE.
NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, or, if by IHG, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail, or immediately upon posting to this Site.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless IHG, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of the use of the Site or any Materials on the Site by you or those with access to your account, whether authorized by you or not.
MISCELLANEOUS PROVISIONS. Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Georgia, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of IHG in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.