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Last Modified: January 8, 2018
- Rules of Use.
3.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the AHIP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AHIP grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AHIP reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
3.2 You agree not to collect or use any personally identifiable information (“Personal Information”) of others, including without limitation account names, email addresses, or other such personal information, from the Website.
3.3 You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity. You may not interfere with the proper working of the Website. You may not access any content on the Website through any technology or means other than those provided or authorized by the Website. You agree not to bypass the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website.
3.4 Accessing or using any audiovisual content available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the AHIP Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
- Trademarks. The trademarks, service marks, trade names, designs, symbols, domain names and other designations and combinations of the preceding items, used to identify or distinguish AHIP, its business, community and/or products, including without limitation all logos and all product and vehicle designs and trade dress and other distinctive brand features contained therein, including without limitation American Hotel Income Properties, American Hotel Income Properties REIT LP, AHIP Management Ltd. and related logo and design marks (collectively, the “Marks”) displayed on the Website constitute the valuable intellectual property of AHIP and its affiliates and licensors. You agree that you will not refer to or attribute any information to AHIP or its licensors in any public medium (e.g., press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Mark of, or imply any endorsement by, or relationship with, AHIP or its licensors, except as expressly permitted by law.
- Intellectual Property in Content. The content on the Website, including without limitation, the text, graphics, photos and interactive features created by or for AHIP (collectively, the “Content”), are owned by or licensed to AHIP, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of AHIP or as expressly provided herein. AHIP reserves all rights not expressly granted in and to the Website, the Marks and the Content contained therein.You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You may choose to, or we may invite you to, submit comments or ideas about the Website, including without limitation about how to improve our Website (each, an “Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place AHIP under any fiduciary or other obligation, and that we are forever free to use for any purpose the Idea without any additional compensation to you, and to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AHIP does not waive any rights to use similar or related ideas previously known to AHIP, developed by its employees, or obtained from sources other than you.
- Digital Millennium Copyright Act; Notices of Infringement and Takedown by AHIP AHIP respects the intellectual property rights of others and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail: DMCA Designated Agent
American Hotel Income Properties
800-925 West Georgia Street
Vancouver, BC V6C 3L2
By email: email@example.com
AHIP will review and process your notification, as well as any counter-notification (if received), in compliance with the DMCA.
- Modifications to the Website. AHIP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. AHIP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
- DISCLAIMERS. THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT AHIP IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AHIP, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OPERATOR OF AHIP, AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. AHIP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AHIP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND AHIP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AHIP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL AHIP, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE WEBSITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by AHIP from its facilities in Canada. AHIP makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.