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使用條款
User Agreement
This Agreement constitutes a legal agreement between you (the user of www.thepoint.com.ph, hereinafter referred to as “the Site” or “the Website”) and us (TPHRI and/or Thunderbird Resorts) and governs your use of the Site. By accessing the Site, you agree to all terms and conditions in this Agreement. Should you not agree with the terms and conditions set forth in this Agreement, you may not access this Site.
The materials found herein are provided by Thunderbird Pilipinas Hotels & Resorts, Inc. (TPHRI), its affiliates and related entities (“Thunderbird Resorts - Philippines”) as a service to its customers and may be used for informational purposes only.
We may choose to revise this Agreement and the materials found herein at any time, and your access and/or use of the Website constitutes your continued acceptance of all terms, conditions, and notices that are effective as of the date and time you use or access the Site.
Minors/Children
This Website is not intended for the use of anyone under 18 years of age. As a condition of your access and/or use of this Website, you warrant that you are 18 years old or older and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not authorized to access and/or use any information, products, or services on the Site. |
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Trademark Notice
This Website contains valuable trademarks. These trademarks and related proprietary property are protected from copying and simulation under relevant laws and may not be reproduced, copied or otherwise used without the express prior written permission.
Copyright Notice
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on this site (the “Contents”) are the exclusive property of TPHRI and/or Thunderbird Resorts and, except as specifically provided herein, may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TPHRI and/or Thunderbird Resorts.
As a condition of your access and/or use of the Site or any information, data or images from the Site, you warrant and represent to us that you will not use the Site or its information, images or data for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Site.
We exert every effort to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, including a URL; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Restricted License
The Contents may be downloaded and reproduced solely for personal non-commercial or internal use. This is a license and not a transfer of title, and is subject to the following restrictions: (a) the Contents may not be modified or used for any commercial purpose or public display, performance, sale or rental; (b) software Contents may not be decompiled, reverse engineered or disassembled in any manner whatsoever; (c) no copyright or other proprietary notices may be removed from the Contents; (d) the Contents may not be transferred to another person; and (e) every person downloading, reproducing or otherwise using the Contents, hereby agrees to prevent any unauthorized copying of the Contents.
General Notice/Disclaimer of Liability
TPHRI and/or Thunderbird Resorts strives to ensure that the Contents are accurate and reliable. However, TPHRI and/or Thunderbird Resorts and its agents are not infallible, and errors and/or omissions may sometimes occur. Therefore, TPHRI and/or Thunderbird Resorts disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Website and any links thereto and therefrom, including, without limitation, as to the merchantability, non-infringement of intellectual property, or fitness for any particular purpose.
TPHRI and/or Thunderbird Resorts does not warrant the accuracy, currency or completeness of the contents, including, without limitation, any information relating to prices or availability. TPHRI and/or Thunderbird Resorts will from time to time revise the Contents and/or the products, services and resources described therein; and reserves the right to make such changes without any obligation to notify past, current or prospective visitors of this Website.
Indemnification
IN NO EVENT SHALL TPHRI AND/OR THUNDERBIRD RESORTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENTS, EVEN IF TPHRI AND/OR THUNDERBIRD RESORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to hold harmless and indemnify TPHRI and/or Thunderbird Resorts, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any and all claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. TPHRI and/or Thunderbird Resorts reserves the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of the Site. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Communications
With respect to all communications made to TPHRI and/or Thunderbird Resorts including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) no right of confidentiality shall apply to Communications and TPHRI and/or Thunderbird Resorts shall have no obligation to protect Communications from disclosure; (b) TPHRI and/or Thunderbird Resorts shall be free to reproduce, use, disclose and distribute Communications to others; and (c) TPHRI and/or Thunderbird Resorts shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information.
(Please use Internet E-Mail only to send us non-confidential notes. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use Internet E-Mail to send us transaction instructions. Customers who choose to send Internet E-Mail messages to TPHRI and/or Thunderbird Resorts that contain confidential, private or personal information do so entirely at their own risk.)
For further information, please write to:
Thunderbird Pilipinas Hotels & Resorts, Inc. (TPHRI)
VOA Compound Pennsylvania Avenue
Poro Point, San Fernando City
La Union, Philippines
Tel.: (6372) 888-7888 / 888-7878
Fax: (6372) 888-3888
Effective Date
This Terms of Use Statement is effective as of May 22, 2009. |
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