TERMS OF USE
This is a binding legal agreement between You (“You” or “User”) and Corporación Inmobiliaria KTRC, S.A. de C.V. (“KTRC”), regarding your use of this Website and any service offered through or provided by this Website. Please read this Agreement carefully and print and retain a copy of this Agreement for Your records. By using, viewing, transmitting, storing, receiving and/or otherwise utilizing this Website and/or its contents in any way, You are accepting all the terms and conditions set forth below in these Terms of Use. If You do not agree to each and all of these terms and conditions, please do not use this Website. We reserve the right, at our discretion, to change and or modify portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms of Use periodically for changes.
The trademarks, logos, trade names and in general intellectual property, registered or in the process of registration, that are used on this Website, as well as each one of the links to Internet resources, the description of those resources and the information contained in this Website are considered material protected by copyright and industrial property laws. You are not authorized to copy, reproduce physically or logically or modify any part of this Website, or make use of trademarks or other distinctive signs for advertising purposes, without the prior written authorization of the owner. KTRC and the other holders of intellectual property rights reserve the right to bring any civil, criminal or administrative action or any other action derived from the inappropriate or unauthorized use of this Website, including the infringement of its registered trademarks.
GENERAL
The headings and subheadings contained in these Terms of Use are exclusively for the User’s convenience only and shall not be considered in interpreting the provisions of this Agreement. The User shall access this Website at the User’s own risk and the User is responsible for complying with the laws of the jurisdiction where the User is located. You agree that You will not use this Website for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that You will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this Website in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use this Website in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny Your access to this Website, including, without limitation, if You violate any of the provisions of these Terms of Use.
KTRC omission to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of KTRC to enforce each and every such provision thereafter. The express waiver by KTRC of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
AGE
Minors under the age of 18 years old are not permitted to use this Website. Parents, guardians or any adult who is responsible for overlooking the acts of a minor will be held liable for any of such minor’s acts resulting in any damage or loss caused by the use of this Website to KTRC or to any third party.
OWNERSHIP AND RESTRICTIONS ON USE
This Website is owned and operated by KTRC. All materials contained in this Website are registered property or in the process of registration, of which KTRC is the owner or licensee. All materials contained in this Website are the copyrighted property of KTRC. No material from this Website or any Website owned, operated, licensed, or controlled by the Hotel may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download one copy of the materials from this Website onto a single computer for Your personal, non-commercial home use only, provided You keep intact all copyright and other proprietary notices. For purposes of these Terms of Use, the use of any of the Website material on any other website or computer network environment is expressly prohibited. KTRC owns or has a license to use all right, title and interest in and to all Trademarks on this Website. To the extent this Website provides interactive capabilities that allow You to submit information or data on the Website, You expressly acknowledge You may not upload to, distribute through, or otherwise publish through this Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. By uploading or submitting any lawful materials to us, You automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.
LIABILITY DISCLAIMER
You agree that your use of this Website is at your sole risk. The materials in this Website are provided “as is” and without warranties of any kind either expresses or implied. KTRC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. KTRC does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not KTRC) assume the entire cost of all necessary servicing, repair, or correction.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, You warrant to KTRC that You will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, conditions, and notices. In the event You submit any unlawful, prohibited or offensive material or content to the Website any liability or damages arising from such action shall be Your sole responsibility.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, KTRC, the Service Providers and any third party connected with KTRC hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with this Website or in regarding the use, inability to use or the results of the use of this Website, any website linked to this Website and any material published on this Website, including, without limitation any liability for loss of income or loss of business. In the event of any dispute, you should contact KTRC and the legal provisions and jurisdiction agreed herein will apply in all cases.
IDEA SUBMISSION
KTRC does not accept unsolicited ideas about marketing, advertising or products. Please do not submit to or through this Website any material or ideas, including creative material of any kind. In the event You send any material or content to the Website any liability or damages arising from such action shall be Your sole responsibility.
LINKS TO THIRD-PARTY SITES
Links to other sites that may be of interest to You are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring or recommending, nor do we imply any type of association with such sites or the materials disseminated by or services provided by them, and are not responsible for the materials and content, at or related to or from any other site.
USER RIGHTS
Users have the following rights:
By supplying your cell phone number and your email address you agree to receive SMS, MMS messages and emails, including messages regarding services and promotions. Third parties who provide services such as text messaging or SMS or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information in accordance with our applicable privacy policies. You may choose to opt out of receiving SMS, MMS or emails messages from us at any time by contacting KTRC through the channels provided below.
TERMINATION
These terms are effective until terminated by KTRC, for any reason, with or without notice. Upon termination, You must destroy all materials obtained from this Website and any and all other materials relating to KTRC, Website, and all copies thereof, whether made under these terms or otherwise.
JURISDICTION AND VENUE
These Terms of Use shall be construed and enforced under the laws of the City of Cancún, State of Quintana Roo, United States of Mexico. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in Quintana Roo, Mexico, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
This document of Terms and Conditions is the entire agreement between the parties. For inquiries regarding this document of Notification of Terms and Conditions, contact us at privacy@rcdhotels.com. You can also send a communication to Blvd. Kukulcán, Km. 14.5, Lote 40, Sección A, Manzana 53, Zona Hotelera, Cancún, Quintana Roo, México, C.P. 77500.