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The Peabody Hotel Orlando - Legal Terms
TERMS AND CONDITIONS
Legal
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS
SITE AND ANY PAGES THEREOF, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEB
SITE IMMEDIATELY.
COPYRIGHT © 1996 - 2002 PEABODY MANAGEMENT, INC. ALL RIGHTS RESERVED.
COPYRIGHT NOTICE and LIMITATIONS ON USE
All of the information, content and related graphics within this internet
site (collectively, the "Content") are protected by copyright and
other intellectual property laws. The Content is owned by The Peabody Orlando
Hotel, Peabody Management, Inc. and/or its affiliated companies ("Peabody").
The Content is intended for personal use only. While you may interact with
or download a single copy of any portion of the Content for your personal,
noncommercial information, entertainment or use, you may not reproduce, sell,
publish, distribute, modify, display, repost or otherwise use any portion
of the Content in any other way or for any other purpose without the written
consent of Peabody. Requests for use of the Content for any purpose other
than personal, noncommercial use should be directed to [email protected].
TRADEMARKS
The Content includes certain trademarks, trade names, service marks and logos
owned by Peabody Management, Inc. and its affiliated companies, as well as
its licensors, suppliers and other information providers. These include but
are not limited to the registered marks "The Peabody," "The
Peabody (Stylized)," the "Three Ducks Logo," "PHG,"
"DUX," and "B-Line Diner," as well as the marks "Only
5-Duck Meeting Hotel," "Capriccio," "The Legend of the
Ducks," "Duck Master," and The Peabody Duck March event (including
all elements, costumes and motion incorporated therein). By using this web
site you agree not to copy, use or otherwise infringe upon these trademarks
or service marks. You further agree that you will not alter or remove any
trademark, copyright or other notice from any copies of the Content.
SUBMISSIONS
All information submitted to Peabody via this site shall be deemed and will
remain the property of Peabody. Please note that Peabody does not want to
receive confidential or proprietary information through our web site and that
any information or material sent to Peabody will be considered and treated
as NOT confidential. By sending us any information or material, you grant
Peabody an unrestricted, royalty-free, perpetual, irrevocable license to use,
copy, modify, display, distribute, and transmit those materials and information
in any medium, software or technology of any kind now existing or developed
in the future. You also agree that Peabody is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose.
Peabody shall not be subject to any obligations of confidentiality regarding
submitted information except as specifically agreed to in writing by Peabody
or as required by law.
LINKS
This site may contain links to web sites controlled or offered by third parties
(Peabody Hotel Group and non-affiliates of Peabody). Peabody hereby disclaims
liability for any information, materials, products or services posted or offered
at any of the third-party sites linked to this web site. By creating a link
to a third party web site, Peabody does not endorse or recommend any products
or services offered or information contained at that web site, nor is Peabody
liable for any failure of products or services offered or advertised at those
sites. Such third party may have a privacy policy that differs from that of
Peabody and the third party web site may provide less security than the Peabody
site.
If you operate a web site and wish to link to peabodyorlando.com, you must
link to the site's home page unless permission otherwise has been granted
in writing by Peabody, which reserves the right to reject or terminate any
links to the web site.
COPYRIGHTS AND COPYRIGHT AGENTS
It is the policy of Peabody to respond to claims of intellectual property
infringement. Peabody will promptly process and investigate notices of alleged
infringement including those relating to this site, and will take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United States
Code, Section 512(c)(2) ("DMCA") and other applicable intellectual
property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should
be sent to a Service Provider's Designated Agent. Notification must be submitted
to the following Designated Agent for these sites:
Peabody Management, Inc.
General Counsel
5118 Park Avenue, Suite 245
Memphis, TN 38117
USA
Phone: (901) 762-5444
Fax: (901) 762-5464
Email: [email protected]
To be effective, the notification must be a written communication that includes
the following:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE."
PEABODY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION
AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS
INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM
FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
GENERAL DISCLAIMER and LIMITATION OF LIABILITY
YOU MAY USE THIS SITE ONLY AT YOUR OWN RISK. IN NO EVENT WILL PEABODY BE LIABLE
FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS
SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR
IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF PEABODY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, LOSSES OR EXPENSES.
MISCELLANEOUS
Peabody reserves the right at our discretion to change these Terms and Conditions,
and will notify users of any such changes by on-line postings. Your continued
use of the web site after the posting of any amended Terms and Conditions
shall constitute your agreement to be bound by any such changes. Peabody may
modify, suspend, discontinue or restrict the use of any portion of the site,
including the availability of any portion of the Content at any time, without
notice or liability.
AVAILABILITY
This site is not intended for distribution to, or use by, any person or entity
in any jurisdiction or country where such distribution or use would be contrary
to local law or regulation.
GOVERNING LAW
Use of this site shall be governed by and construed in accordance with all
applicable Federal laws of the United States of America and the laws of the
State of Tennessee, without regard to its conflicts of law provisions. You
hereby agree that any cause of action you may have with respect to the web
site must be filed in the federal or state courts located in Shelby County,
Tennessee, within one year after the cause of action arises or the cause is
barred.
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