Terms and Conditions

TERMS & CONDITIONS
Destination Hotels & Resorts (Destination) offers the content of this Web site (Site) under the following terms and conditions of use. Please read these site terms carefully and completely before using the Site. Access and/or use of the Site constitutes explicit agreement to comply with and be bound by these site terms and conditions and all policies and guidelines incorporated herein.

IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.

Acceptance of these terms and conditions does not alter or modify in any way any other agreements the user may have accepted on any other Web site owned by Destination, Lowe Enterprises or any individual property associated with Destination Hotels & Resorts, its agents or affiliates. Destination reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and continued use of the Site constitutes acceptance of such changes or modifications. If you do not agree to any amended terms, you must stop using the Site.

PRIVACY POLICY
Please refer to Destination’s Privacy Policy for information on how Destination collects, uses and disclose personal information from its users.

PRICING CONDITIONS
All offers and specials that are presented on The Site are based to availability and are subject to change until confirmed.

OWNERSHIP & COPYRIGHT
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Destination Delivers logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and arrangement thereof (collectively, the "Site Content") are the proprietary property of Destination Hotels & Resorts or its licensors or users and are protected by U.S. and international copyright laws. The Site and all Site Content is (C) 2009 Destination Hotels & Resorts. All Rights Reserved.

LIMITED LICENSE
Destination grants you a limited license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked "(c) 2009 Destination Hotels & Resorts. All rights reserved."; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Site Content other than for its intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Destination is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights. This license is revocable at any time.

By accessing and/or using the Site, you expressly agree to indemnify Destination, Lowe Enterprises and any of its affiliates against any liability to any person arising out of your use of Site Content not in accordance with these terms and conditions

HYPERLINKS
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. Use these links is done at your own risk. Destination does not control, nor does it make any claim regarding Third-Party Sites or any of the content displayed therein. Destination provides these links as a convenience only and does not sponsor, claim any affiliation with or otherwise endorse any Third-Party Site or Third-Party Content. Navigating away from the Site constitutes termination of the terms and conditions that govern the Site. You are then subject to any terms, conditions and/or privacy policies set forth by the Third-Party Site. By viewing Third-Party Content, you are releasing Destination from any liability resulting in the violation of any terms, conditions or policies set forth by the Third-Party Site. You should thoroughly and completely the terms, conditions and policies established by the Third-Party Site before proceeding with any interaction or transaction.

INTERACTIVE AREAS
The Site contains forums in which you or third parties may post reviews of travel-related experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). You are using these Interactive Arease at your own risk and expressly agree not to post, upload to, transmit, distribute, create or otherwise publish through the Site any of the following:

Any information or content in any form that may be indecent, obscene, unlawful, inflammatory, harassing or otherwise inappropriate in any manner. Such content includes but it not limited to text, photographs, music, sounds, viruses, executable files or data files;
Content that would encourage or incite, encourage or provide instructions for unlawful activity or any action that may violate the legal rights of any other party or that is otherwise considered in violation of local, state, national or international law;
Content that misrepresents any person or party;
Content that promotes any political campaign or agenda, solicitations of business transactions or donations or any advertising of any kind;
Personal information of any party, including but not limited to phone numbers, email addresses, physical addresses, social security numbers or credit card numbers;
Content that is deemed to be irrelevant to the subject matter presented in the Interactive area; or
Any content that is otherwise judged to be objectionable by Destination, or inhibits or prevents the full enjoyment of the Interactive Area for anyone.

Destination is not liable for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is it liable for any information that is misleading, erroneous, slanderous, false, obscene, profane or pornographic. Although Destination has no obligation to screen, edit or monitor any of the Content posted to any Interactive Area, Destination reserves the right to do so, and has absolute discretion, to remove or edit without notice any Content posted or stored on the Site at any time and for any reason.

Violation of the terms and conditions set forth regarding any Interactive Area may result in, but is not limited to, suspension or termination of usage rights or legal action in accordance with any resulting litigation. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Destination’s systems and customers, or to ensure the integrity and operation of Destination’s business and systems, Destination may access and disclose any information it considers necessary or appropriate, including, but not limited to, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. This will supersede any terms outlined in Destination’s privacy policy.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, it is the policy of Destination to terminate in appropriate circumstances, and at the sole discretion of Destination, subscribers or account holders who are deemed to be repeat infringers. Destination may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of any repeat infringement.

CONTENT RELEASE
By posting or distributing Content to or through the Site, unless we indicate otherwise, you

Give Destination and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised;
grant Destination the right to use the name that you submit in connection with such Content; and
represent and warrant that
you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site;
such Content is accurate and not misleading; and
use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

All Content submitted is considered to be public and Destination is under no obligation to attribute authorship of Content.

PROMOTIONS AND ADVERTISING
From time to time Destination may run contests, promotions and advertisements from third parties. Any transactions, correspondence or any other interaction with any third-party advertisers are governed solely by the terms and conditions set forth by the third party. Destination is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by Destination infringe your copyright, please contact Destination Hotels & Resorts’ Legal Department for instructions on submitting formal notification of infringement. It is recommended that you consult legal counsel before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if your copyright infringement case is proven to be false.

REGISTRATION AND ACCOUNT SECURITY
In order to use the Site, you must agree to provide accurate, current information as prompted by any registration forms and update and maintain that information, as well as its security. You also agree to accept all risks of unauthorized access to any information you provide on the Site.

LIMITATION OF LIABILITY
Use of the Site is done at your own risk and constitutes a waiver and agreement on your part not to bring forth any claims or allegations of any kind against Destination, Lowe Enterprises, its affiliates, agents or any of the aforementioned entities’ directors, officers, employees or agents in any way regarding your use of the Site or any of the content contained therein. This includes but is not limited to any allegations of alleged infringement of proprietary rights, defamation, erroneous or misleading information or that Destination would indemnify you or a third party from any claim arising from your use of the Site.

With the exclusion of third-party content, the Site is controlled by Destination Hotels & Resorts and operated by Destination Hotels & Resorts and its affiliated agencies from Englewood, Colorado While the Site is accessible in all 50 states of the United States and in other countries, it is explicitly agreed that any and all legal proceedings will fall under the governance of the statutes and laws of the State of Colorado and that all conflicts will be resolved in a court under the jurisdiction of Englewood, Colorado. Accessing the Site from locations other than Englewood, Colorado implicitly implies responsibility for compliance with all applicable local laws.

LICENSE TERMINATION
Destination reserves the right, to terminate any user’s license to the Site without notice or recourse. Destination additionally reserves the right to block or otherwise prevent future access to any portion of the Site for any reason determined to be legitimate at the sole judgment of Destination or its affiliates.

UPLOADING OF PHOTO CONTENT
In addition to the reservations and granting of non-exclusive rights outlined above regarding submitted Content, Destination makes no claims to the ownership, veracity or endorsement of any posted photos.

No photos, images or material that is vulgar, pornographic, obscene, profane, illegal, offensive, insulting, objectionable or other non-family-friendly content. No postings by children under 13.

No images from other sources or material published elsewhere. No images that infringe on any copyright, trademark or other legal property right.

No images may be posted that are not relevant to the travel experiences of any Destination Hotels & Reosrts-managed property.

No logos, titles, branding, promotional material or any other content intended for commercial purposes.

Files may not exceed 5MB in size and only .jpg, .gif, .tif, .png, or .bmp file formats will be accepted. Images may be scaled or otherwise edited for purposes of formatting. Images not meeting the above criteria will be rejected.

Users found to post images or any material found to contain viruses or other malicious content will be subject to the punitive actions outlined in these terms and conditions up to and including legal prosecution to the fullest extent of all governing laws.

PRIVACY POLICY

Destination Hotels & Resorts has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this Web site: Destinationdelivers.com.

This site contains links to other sites. Destinationdelivers.com is not responsible for the privacy practices or the content of such Web sites. Destination Hotels & Resorts uses Synxis for its reservations engine. The data collected in these areas is subject to the privacy statements found on www.synxis.com.

Our site uses an order form for customers to request information, products, and services. Within these forms, we collect visitor's contact information (like their email address). Contact information from the order form is used to send promotional material from our properties and selected partners to our customers. Customer contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.

Our online surveys ask visitors for contact information (like their email address). We use contact data from our surveys to send the user promotional material from our hotels and selected partners. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.

We may run contests on our site in which we ask visitors for contact information (like their email address). We use contact data from our contests to send users promotional material from our properties and selected partners. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information.

Cookies
Destinationdelivers.com, like many other commercial Web sites, utilizes a standard technology called cookies. Cookies help a Web site determine that a particular user has previously visited the site; as a result, the cookie helps the site save and remember any preferences that may have been set while the user was browsing the site. Cookies are small strings of text that Web sites can send to your browser. They cannot retrieve any other data from your hard drive, or obtain your email address. If you are simply browsing destinationdelivers.com, a cookie may be used to identify your browser as one that has visited the site before. We may use cookies so that we can provide personalized information based on preferences you have indicated while using the site. Although you have the ability to modify your browser to either accept all cookies, notify you when a cookie is sent, or reject all cookies, it may not be possible to utilize destinationdelivers.com services that require registration if you reject cookies.

SSL Encryption
All personal data sent to Destination Hotels & Resorts is protected by Secure Socket Layer (SSL), which encrypts your information during transmission over the Internet.

Destination Hotels & Resorts Disclaimer
Destination Hotels & Resorts does NOT offer vacation packages via telephone solicitation. Destination Hotels & Resorts is not associated with any company making offers of this type, and accepts no responsibility or liability to those who may purchase vacations packages from telephone solicitors.

Destination Hotels & Resorts’ portfolio of properties consists solely of those found on our Web site at www.Destinationhotels.com or Destinationhotels.com.

No permission is granted to use, or permit others to use, Destination Hotels & Resorts icons, site address, trademarks and service marks, or other means to hyperlink other Internet sites with any page in the Destination Delivers Web site, and Destination Hotels & Resorts assumes no responsibility for any other party's site hyperlinked to www.Destinationdelivers.com or in which any part of the Destination Hotels & Resorts Web site has been hyperlinked.

Contact Us
You can contact us in one of three ways:
You can send email to .(JavaScript must be enabled to view this email address)
You can send mail to the following postal address:

Destination Hotels & Resorts
10333 E. Dry Creek Rd.
Suite 450
Englewood, CO 80112
Attn: Webmaster
You can call the following telephone number: (303) 799-3830 (8 a.m. to 5 p.m., Mountain Standard Time)