LIFE HOTEL ONE LLC

TERMS OF USE

 

Please read the following Terms of Use (the “Terms”) carefully before using the Life Hotel One LLC (“Life Hotel”, “our”, or “we”) website (the “Website”) and any communications features, online features, services and/or programs offered by Life Hotel (collectively, with the Website, the “Web Properties”).

 

By accessing or using the Web Properties, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of Life Hotel. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties. “Content” refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.

 

  1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you without charge as a convenience and for your information only. By merely providing access to the Web Properties, Life Hotel does not represent or warrant that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Life Hotel has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is or will be accurate or complete.

 

  1. SITE USE AND CONTENT. You may view, copy or print pages from the Web Properties solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of Life Hotel. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms. Your continued use of any Web Property following any amendment of these Terms shall signify Your assent to and acceptance of its revised terms.

 

  1. USER ACCOUNT, PASSWORD AND SECURITY.

 

(a)         USER ACCOUNT. For certain types of features available through the Web Properties, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) immediately notify Life Hotel of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.

 

(b)        ACCURATE INFORMATION. In creating and using your User Account for the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Life Hotel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

 

(c)         NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.

 

  1. DISCLAIMERS.

 

(a)         NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LIFE HOTEL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PAGES ON THE WEB PROPERTIES OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. LIFE HOTEL DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LIFE HOTEL WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS LIFE HOTEL OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF LIFE HOTEL, THE ENTIRE LIABILITY OF LIFE HOTEL AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.

 

(b)        INDEMNIFICATION. You agree to defend, indemnify and hold harmless Life Hotel and its directors, officers, employees, affiliates and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Life Hotel, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

 

  1. USER CONTENT. The Web Properties may now or in the future permit the submission of various forms of content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE. UPLOADING IMAGES OR VIDEO OF OTHER PEOPLE WITHOUT THEIR PERMISSION IS STRICTLY PROHIBITED.

 

You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Life Hotel reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content that is available on or through the Web Properties.

 

LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF LIFE HOTEL AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL LIFE HOTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF LIFE HOTEL WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. PRIVACY. Personal data that you provide will be handled in accordance with Life Hotel’s Privacy Notice located on the website or at our front desk.

 

  1. THIRD PARTY CONTENT. Life Hotel may provide hyperlinks to other websites maintained by third parties, or Life Hotel may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER LIFE HOTEL’S CONTROL AND LIFE HOTEL IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

  1. COPYRIGHT AND TRADEMARKS. Life Hotel is the copyright owner or authorized licensee of all text and all graphics contained on the Web Properties. The trademarks, service marks and logos used and displayed on the Web Properties are Life Hotel’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. All trademarks and service marks of Life Hotel, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of Life Hotel, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Life Hotel’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Life Hotel’s prior written permission. Life Hotel aggressively enforces its intellectual property rights. Neither the name of Life Hotel, its subsidiaries or affiliates, nor any of Life Hotel’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without Life Hotel’s prior written permission.

 

  1. COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials may be made available on or through the Web Properties by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying us of potential infringement, you must include the following:

 

  • identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
  • identification of the supposedly infringing material that is to be removed;
  • information reasonably sufficient to permit us to locate the material on the Web Properties;
  • contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
  • a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
  • a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
  • the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

 

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent a written communication containing the following:

 

  • identification of the supposedly infringing material that is to be removed;
  • a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
  • the signature, physical or electronic, of you or a person authorized to act on your behalf.

 

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.

 

Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at legal@lifehotel.com or by certified mail and marked “Copyright Infringement” to

Life Hotel One LLC

19 West 31st Street
New York, NY 10001

Attn: DMCA AGENT

 

[NOTE: THE DMCA AGENT MUST BE REGISTERED WITH THE COPYRIGHT OFFICE. MORE INFORMATION AND INSTRUCTIONS CAN BE FOUND AT: https://www.copyright.gov/dmca-directory/].

 

Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

 

 

  1. TERMINATION OF USE. We may terminate your account or right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to Life Hotel, to its clients, to the business of the Website’s service provider, or to other information providers.

 

  1. GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Web Properties, you agree that any action at law or in equity arising out of or relating to your use of the Web Properties or these Terms will be filed only in the state or federal courts sitting in New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

  1. LOCAL LAWS. Life Hotel makes no representation that content or materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Life Hotel is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

  1. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Properties. By submitting information through the Web Properties, you agree that the information submitted will be subject to Life Hotel’s Privacy Notice located on www.lifehotel.com or at Life Hotel front desk.

 

Your Consent to These Terms

 

By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms of use that apply to your use of the Web Properties.

 

If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by emailing us at privacy.officer@lifehotel.com or by sending your comments to:

 

Chief Privacy Officer

Life Hotel One LLC

19 West 31st Street
New York, NY 10001

Phone: (212) 615-9900

Privacy.officer@lifehotel.com

Copyright © 2017. Life Hotel One LLC. All Rights Reserved.

Effective as of: April 10, 2017

Last updated: June 13, 2017

 

 

 

 

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