Terms and Conditions
THIS Terms and Conditions is entered into effective as of ________________________ (the “Effective Date”) by and among ____________________ (hereinafter referred to as “User”) and JSIP, LLC (hereinafter referred to as “JSIP”) regarding the property of Fontainebleau Miami Beach Hotel (“Fontainebleau”) and Fontainebleau Website (“FB Website”).
USE OF FB WEBSITE
By registering to use or using FB Website and/or submitting information to FB Website, you represent and warrant to JSIP that you (i) are a legal entity or of legal age to agree to these Terms and Conditions; (ii) agree to comply with all applicable rules, regulations, and laws regarding online conduct and transmission of information; and (iii) agree to be bound by these Terms and Conditions. To determine your compliance with these Terms and Conditions, we reserve the right, but are not obligated, to monitor your use of FB Website.
You are only entitled to use FB Website for lawful purposes and pursuant to these Terms and Conditions. Your use of FB Website may be interrupted or become unavailable from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, scheduled or unscheduled maintenance or repair, technical failure of software or telecommunications infrastructure, the unavailability or interruption of access to the Internet, or other actions that we may take in our sole discretion from time to time. We reserve the right to modify, suspend, or discontinue the availability of this Website, the Mobile App and/or Service or any portion or feature of this Website, the Mobile App and/or the Service at any time and in our sole discretion and without prior notice.
Although FB Website is accessible worldwide, FB Website is neither designed nor intended for use outside the United States. Those who choose to access FB Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of FB Website to any person, geographic area, or jurisdiction.
INTELLECTUAL PROPERTY RIGHTS
The names and marks "Fontainebleau", “FB,” “FB Website”, and other Fontainebleau trade names, URLs, website domain names, and mobile application names owned or operated by JSIP or its licensees, and all images, photographs, graphics, logos, page headers, button icons, scripts, service names, and trade names displayed on the FB Website and/or the Mobile App are copyrights, service marks, trademarks and/or trade dress of JSIP. You may use any of the images from the FB Website or the Mobile App only in the context of promoting Fontainebleau and Fontainebleau’s goods and services. You agree that you will not use any images from the FB Website or the Mobile App in any manner which suggests that you or your goods or services are provided by, licensed by, or otherwise associated with Fontainebleau. You agree not to use any images from the FB Website or the Mobile App in any manner which is illegal, offensive, or which violates any third party right, including but not limited to copyright, trademark, and privacy rights. You agree to include a copyright notice identifying JSIP as the owner of copyright in the image when copying, distributing, reprinting, or otherwise using any image from this website in any form of media. Except as otherwise permitted by JSIP, no other copying, distribution, redistribution, transmission, publication, or use is permitted. You shall not delete any trademark symbols, copyright notices, or other proprietary notices appearing on or in connection with any of JSIP’s trademarks, service marks, copyrights, or other intellectual property. You agree to comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and/or exportation of technical data associated with this Website or the Mobile App. You further agree to send one copy of any product (press article, documentary, etc.) using any images or other content from the FB Website to:
Fontainebleau Miami Beach
4441 Collins Avenue
Miami Beach, FL 33140
We hereby reserve all rights not expressly granted to you in this license. Except as set forth above, nothing contained in these Terms or on the FB Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of JSIP’s trademarks, copyrights, or other intellectual property without the written permission of JSIP.
RIGHTS YOU GRANT TO FONTAINEBLEAU
You hereby agree to defend, indemnify, and hold harmless JSIP, LLC, Fontainebleau Florida Hotel, LLC and its officers, directors, shareholders, employees, affiliates, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to (i) any breach or violation by you (or anyone authorized by you) of these Terms and Conditions; (ii) your failure to provide accurate, complete, and/or current information when visiting, registering to use or using FB Website and/or submitting information to Fontainebleau; (iii) your use or misuse of FB Website; and (iv) any actual or alleged infringement arising, directly or indirectly, out of Fontainebleau’s use of the User Content.
GOVERNING LAW, JURISDICTION, AND VENUE
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to principles of conflicts of law. The parties agree that any and all disputes, claims or litigation arising from, or related in any way to this Terms and Conditions, shall be resolved by the State or Federal Courts located in Miami, Florida.
CHANGES TO OUR TERMS AND CONDITIONS
At our sole discretion and at any time, we may amend these Terms and Conditions. You should review these Terms and Conditions for amendments each time you visit or use this Website or the Service. For your convenience, we post on this Website the last date these Terms and Conditions were updated. If our Terms and Conditions are amended, the amended Terms and Conditions will take effect immediately. Your continued use of FB Website following an amendment will evidence your acceptance of the amended Terms and Conditions.
All covenants, agreements, disclaimers, limitations, representations, and warranties made in these Terms and Conditions, as may be amended by Fontainebleau from time to time, will survive your acceptance of these Terms and Conditions. These Terms and Conditions, as amended from time to time by Fontainebleau, represent the entire understanding and agreement between you and Fontainebleau regarding the subject matter of these Terms and Conditions and supersede all other previous agreements, understandings, or representations regarding the same. By visiting, registering to use or using FB Website and/or submitting information to Fontainebleau, you consent to receive communications from Fontainebleau electronically. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. No waiver of any portion of these Terms and Conditions will be effective unless it is in writing and signed by an authorized representative of Fontainebleau. If any court of competent jurisdiction deems unlawful, void, or unenforceable any part of these Terms and Conditions, the applicable document as a whole will not be deemed unlawful, void, or unenforceable, but only that portion of the applicable document that is unlawful, void, or unenforceable will be stricken. Your rights and obligations under these Terms and Conditions are personal and are not assignable, transferable, or sub-licensable by you. All images and other content on the FB Website and the Mobile App are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FB and JSIP shall not be liable to you or any other party for any loss or damages, whether direct, indirect, incidental, or otherwise, resulting from your use of any images or other content on the FB Website and/or the Mobile App. You hereby waive any and all claims against FB and JSIP arising out of, or in any way connected to your use of any images or content from the FB Website and/or the Mobile App.