Effective/Updated as of May, 2018
More specifically, this Policy summarizes how the Hotel handles the personal and other information users of the Site provide while accessing and using the Site. Users of the Site include members of the general public.
By accessing the Site, you are indicating your agreement to this Policy. Please review this Policy carefully. The Hotel reserves the right to change its Policy at any time. In the event of materials changes the Site will contain a notice of the change. Changes will be effective immediately upon posting to the Site. However, except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your personal information in accordance with the terms of the Policy in effect at the time of the collection. If you have any questions or concerns about the Policy, please contact us by calling 212-965-3275 or as provided below.
Information Collected. As you are probably aware, we may collect information from a variety of sources to operate the Site, carry out our business, comply with law and other purposes described herein.
The Hotel may compile statistical information concerning the usage of the Site. This information allows the Hotel to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site. In order to compile this information, the Hotel may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that Hotel may store about you for any other purposes.
We also collect personal information such as: your contact information; and information related to products and services you buy or receive from us, such as in connection with making reservations, participation in membership or loyalty programs, participation in contests, sweepstakes, surveys or marketing programs. This personal information can include data such as name; personal or work contact information; personal characteristics, such as gender, date of birth, title, and nationality; income; passport number and date and place of issue; travel history; payment information, such as your payment card number, authentication information and other billing and account details associated with mobile billing; guest preferences; marketing and communication preferences; sensitive personal data relating to special accommodation requests; reviews and opinions; frequent flyer or similar membership program number and related information; information provided on membership and account applications; and other types of information that you choose to provide to us or that we may obtain about you. Similar information also may be collected about your family members or individuals with whom you are using our products and services. Additionally, we may collect employment history, and related information if you seek employment with us which might include your work history and salary information.
In addition, we collect other personal information in certain cases, such as email addresses, when you sign up to receive our electronic newsletter. Your contact information and payment information is also collected when you use how ticketing purchase service.
We may also collect information about you third parties such as through your social media services consistent with your settings on such services, and from other third-party sources that are lawfully entitled to share your data with us. We use and share this information (and may add it to the other information we have on file for you) for the purposes described in this Policy.
Note that if you choose not to provide your personal information, we may be unable to provide the products, services, information, or assistance you are seeking.
If you would like more information about web tags and cookies associated with on-line advertising please visit the Network Advertising Initiative website http://www.networkadvertising.org (link is external) or http://www.allaboutcookies.org/.
We may use analytics services, such as provided by Google Analytics, to help generate statistics about our Site's traffic, sales, etc. for reports on our Site activity. The analytics services may transfer this information to third parties in case of a statutory obligation or if a third party processes data on behalf of that service. These analytics services will generate detailed statistics about a website's traffic and traffic sources and measure conversions and sales. The information generated about your use of our Site, including your IP address, will be anonymized by use of the appropriate settings (“_anonymizelp()” function or equivalent). For more information on how IP anonymization works please see, for example, https://support.google.com/analytics/answer/2763052 (link is external).
IMPORTANT: By using the Site, you consent to the processing of any personal data for the analytics purposes and functions described above.
Information of Children. The Site is not directed to children as the products and services on this Site are intended for persons 18 years of age and older. The Hotel does not knowingly collect, use or disclose any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.
Use of Information. In general, we will use the information we collect about you only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy. For example, we may use your personal information to:
- Provide you with the products and/or services you have purchased or requested. This might include establishing an on-line profile, making a reservation, or make improvements in the design and administration of the Site.
- Market our products or services that we think may be of interest to you. For example, we may use your personal information to send you newsletters and promotions using any communications preferences you have expressed. We use your information to provide in-stay messaging, account alerts, and reservation confirmations; to send you marketing messages; and to conduct surveys, sweepstakes, prize draws, and other contests. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means. With your consent, we also use user-generated content (such as photos) from social media services to deliver display advertising or on our Site and apps. We may also partner with third parties to learn whether a visitor to our site has a cash-back offer associated with their payment card and to deliver the visitor advertising and information that explains how to take advantage of that offer.
- Ensure your information is accurate and to personalize our products and services. For example, we may aggregate your personal information with data from third-party sources for purposes of keeping information up to date and analytics. We also rely on information from third parties in order to provide better, more personalized service. If you connect your social media services or other accounts to our services, we may use this information to make your experiences with us more personal and social, or share and use it as described elsewhere in this Policy
Disclosure of Information. In general, we will not disclose your personal information except with your consent and as described in this Policy. We may disclosure your personal information for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated entities, as we deem necessary to carry out those purposes. For example, and without limitation, the Hotel may need to use or disclose this information with its third party vendors to manage the Site; process payments and requests for products and services; provide you with products, services, or offers; coordinate your participation in our loyalty reward or similar programs; engage in marketing activities, such as sharing personal information with our partners to deliver advertisements to our shared customers; enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies; and protecting the Hotel’s interests and legal rights, such as through responding to subpoenas and defending litigation. We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of personal information.
In no case will the Hotel sell or license personal information to third parties, except as required or permitted by law. For example, we may sell, assign or share personal information in connection with certain business transactions, such as the acquisition of all or substantially all of the Hotel’s assets. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy.
Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.
Modifying Your Personal Information. If you would like to update your personal information on the Site, you may email us at firstname.lastname@example.org. Also, if you wish to unsubscribe from any of our newsletters or other communications for which you have registered, you may e-mail us at email@example.com.
Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, we use Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to our Site. We have installed layered firewalls and other security technologies to help prevent unauthorized access to our systems. Our data centers are maintained in a secure environment with appropriate security measures. Our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, video surveillance, and other physical, electronic, and procedural safeguards.
If you are a California resident, please read the following:
- California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Hotel to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
- If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
If you are a resident of the European Economic Area, please read the following:
We make every attempt to process your personal information in accordance with the requirements of the General Data Protection Regulation (GDPR). In addition to the information provided above, residents of the European Economic Area should be aware of the following:
Rights. As a resident of the EEA, you may have certain additional rights, subject to limitations regarding the processing of your personal information. These may include the right to:
- Access or request a copy of your personal information
- Correct any inaccuracies relating to your personal information
- Restrict the processing of your personal information
- Object to the processing of your personal information
- Request the erasure of your personal information
- Receive your personal information in a commonly-used machine readable format and have that information transmitted to another data controller.
- Withdraw your consent to the processing of your personal information
- Lodge a complaint with the Supervisory Authority in your jurisdiction.
Retention. We retain your personal information only for the period of time needed to fulfill the purposes stated in this Policy.
These rights may not apply to individuals residing outside of the EEA.
Contact Us. If you have any questions regarding this Policy or our policies in the event of a compromise of your information, you may contact us at:
310 West Broadway
NY, NY 10012
Effective May, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
The Roxy Hotel Tribeca (the “Hotel”) offers this website or any other websites under our operation and control (collectively, the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
By using, viewing, transmitting, caching, storing and/or otherwise utilizing THE Site, YOU HAVE AGREED TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, CEASE USING THE SITE IMMEDIATELY.
The Hotel reserves the right in its sole discretion to change, modify, add, or remove the terms, conditions, and notices under which the Site is offered at any time without notice. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of the Hotel and the Hotel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. By providing these links, the Hotel does not endorse, sponsor or recommend 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. The Hotel is not responsible for webcasting or any other form of transmission received from any Linked Site. The Hotel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Hotel of the site or any association with its operators. We reserve the right to disable links from any third party sites to the Site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
NO UNLAWFUL OR PROHIBITED USE
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, stop using the Site immediately.
As a condition of your use of the Site, you warrant to the Hotel that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Site. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Hotel has no obligation to monitor the Communication Services. However, the Hotel reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. The Hotel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Hotel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Hotel's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Hotel does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Hotel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Hotel spokespersons, and their views do not necessarily reflect those of the Hotel.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE HOTEL OR POSTED AT ANY HOTEL WEB SITE
The Hotel is under no obligation to post or use any Submission you may provide and may in the Hotel's sole discretion remove any Submission at any time, for any reason, without notice to you.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
DISCLAIMERS AND LIMITATION OF LIABILITY
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. The information or materials contained in or through the Site are based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials. The information and material on this Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. For all of the above reasons, you should consult your own attorney or other appropriate professional for advice concerning the information and materials, as well as the Terms. Any reliance on the information or material on this Site is at your own risk. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HOTEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE HOTEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE 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.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for the Terms or act in an unsportsmanlike manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Hotel which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
You also agree that the Hotel is not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
The Site may contain technical inaccuracies or typographical errors or omissions. The Hotel is not responsible for any typographical, photographic, technical or pricing errors listed on our Site. The Hotel reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
We reserve the right to cancel or modify purchases or reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchases or reservations contain or resulted from a mistake or error.
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation. The Site is operated from the United States and it is possible that some software from the Site or the products and services offered on the site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department's Table of Deny Orders. downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
You agree to indemnify, defend and hold harmless the Hotel and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person's or entities' directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties"), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising or resulting in any way from any violation of these Terms, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Hotel or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you
The Hotel reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.
To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. You also agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the United States District Court for the District of New York or, if there is no federal jurisdiction over the action, in the courts of the State of New York located in Kings County, New York. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Hotel as a result of these Terms or use of the Site.
The Hotel's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Hotel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Hotel with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein or agreed to by the user, these Terms constitute the entire agreement between the user and the Hotel with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Hotel with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You represent and warrant that you have the legal right, power and authority to agree to the Terms on behalf of yourself and the member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that there Terms is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
Effective May, 2018
All materials contained in the Site are the copyrighted property of the Roxy Hotel Tribeca (the “Company”) or its subsidiaries or affiliated companies and/or third party licensors. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.
The Company complies with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any Site, please send a notice to the agent designated below and following the instructions that follow:
310 West Broadway
NY, NY 10012
You notice must comply with the applicable provisions of the DMCA, which can be accessed here. In addition to submitting the notice in writing (written letter or email), the notice must contain the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2 6th Avenue
New York, NY 10013