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Terms & Conditions of Use

Welcome to umusic-hotels.com. These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.umusic-hotels.com, and all associated sites linked to www.umusic-hotels.com (collectively, the “Site”), which is owned by Dakia UMusic Hospitality, LLC, its subsidiaries and affiliates (“UMUSIC HOTELS”). The Site is the property of UMUSIC HOTELS. By using the Site and/or the contents of the Site, you agree to these Terms of Use. Please read these Terms of Use carefully before using the Site; IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. UMUSIC HOTELS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, UMUSIC HOTELS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. UMUSIC HOTELS also reserves the right to change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.

The Site is available for reservations and purchases only to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, you may not use the Site for such purpose. You warrant that you are at least eighteen (18) years of age and you have the capacity to be bound by these Terms of Use, and if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.  UMUSIC HOTELS reserves the right to cancel or modify reservations where they appear to be fraudulent, result from a mistake or error, or are not in compliance with this Terms of Use or the policies, terms or conditions of the applicable hotel, venue, event or UMUSIC HOTELS.

The Site is available for reservations and purchases only to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, you may not use the Site for such purpose. You warrant that you are at least eighteen (18) years of age and you have the capacity to be bound by these Terms of Use, and if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.  UMUSIC HOTELS reserves the right to cancel or modify reservations where they appear to be fraudulent, result from a mistake or error, or are not in compliance with this Terms of Use or the policies, terms or conditions of the applicable hotel, venue, event or UMUSIC HOTELS.

Content, Copyrights and Trademarks

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to UMUSIC HOTELS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless otherwise indicated, all names, logos, trademarks, service marks, trade dress and trade names are proprietary or licensed to UMUSIC HOTELS or its affiliates in the United States and other countries and may not be used by anyone for any purpose without UMUSIC HOTELS’ (or their respective owner’s) prior express written consent.  All product names, logos, brands, trademarks and registered trademarks are property of their respective owners.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without UMUSIC HOTELS express prior written consent. You may use information on UMUSIC HOTELS products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by UMUSIC HOTELS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. UMUSIC HOTELS reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any UMUSIC HOTELS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of UMUSIC HOTELS, including any UMUSIC HOTELS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or UMUSIC HOTELS’s systems or networks, or any systems or networks connected to the Site or to UMUSIC HOTELS. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to UMUSIC HOTELS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of UMUSIC HOTELS or others.

Reservations and Purchases

Unless otherwise indicated, the rates and prices listed on the Site are provided by the individual hotels, venues, event organizers or suppliers of products, tickets or services (collectively, “Suppliers”) and may be represented in their local currency. Your payments to Suppliers on this site are matters to be resolved solely between you and the Supplier, and UMUSIC HOTELS does not assume any liability nor will be involved in disputes between you and a Supplier. UMUSIC HOTELS and any Suppliers may change price and availability of rooms, tickets, products or services listed on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and UMUSIC HOTELS makes no commitment to update the materials on the Site with respect to such products and services.  Some rates and prices have special eligibility requirements such as loyalty program or other program memberships. It is your responsibility to verify that you qualify for the rate or price that you have selected. Suppliers are not obligated to honor rates if you do not qualify.

You agree not to use the information on the Site to advertise or solicit anyone to buy or sell any products or services, and will only make reservations or purchases for use by you and your invited guests only, and not for other purposes such as commercial assignment or resale.  You may not resell any hotel rooms booked through the Site, or any tickets or other products or services purchased through the Site. You may not make speculative, false or fraudulent reservations or purchases, or reservations or purchases in anticipation of demand.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. UMUSIC HOTELS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account.  You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account, including as a result of your failing to keep this information secure and confidential. You agree to notify UMUSIC HOTELS immediately of any unauthorized use of your account or password, or any other breach of security.

Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. We collect information about the visitors to this site. The collection of this information is governed by our Privacy Policy

Links to Other Sites and to the UMUSIC HOTELS Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Site visitors. UMUSIC HOTELS does not control and is not responsible for the content or privacy policies, on, or the security of, such Linked Sites. UMUSIC HOTELS specifically disclaims any responsibility if such Linked Sites infringe any third party's intellectual property rights; are inaccurate, incomplete, or misleading; do not provide adequate security and privacy; contain viruses or other items of a destructive nature; or are libelous or defamatory. Further, UMUSIC HOTELS does not endorse the content or any products or services available on such Linked Sites. If you establish a link to such Linked Sites, you do so at your own risk and will need to make your own independent judgment regarding your interaction with these Linked Sites.  UMUSIC HOTELS reserves the right to disable links from any third party sites to the Site.

Disclaimers

UMUSIC HOTELS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT, SERVICE, PRODUCT, MATERIAL OR FEATURE OF OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, CORECT, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, PRDUCTS OR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT, AND ANY PRODUCTS OR SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS UNLESS OTHRWISE NOTED. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UMUSIC HOTELS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UMUSIC HOTELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UMUSIC HOTELS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES AND AGREE THAT SUCH USE IS AT YOUR OWN RISK. YOUR SOLE REMEDY AGAINST UMUSIC HOTELS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. In the event UMUSIC HOTELS is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. UMUSIC HOTELS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against  UMUSIC HOTELS with respect to such sites and third party content.

UMUSIC HOTELS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability and Release

All hotels and venues under UMUSIC HOTEL’s brands are independently owned and may be independently operated, and all other products and services offered on the Site are provided by third parties. UMUSIC HOTELS may not be party to any agreement or transactions between users and suppliers, even if the Site allows or facilitates the booking, reservation or purchase of the product or service. Any part of an actual or potential agreement or transaction between a user and the provider, including the quality, condition, safety or legality of the products, events or properties advertised, or the truth or accuracy of the listings are the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.. Because UMUSIC HOTELS is not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more suppliers, you also on behalf of yourself, your present and former officers, employees, directors, shareholders, parents, subsidiaries, affiliates, partners, agents, successors and assigns, as applicable, hereby fully and forever releases and discharges UMUSIC HOTELS and its affiliates, and their respective officers, agents, shareholders, members, partners and employees (“Indemnified Parties”), from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected, which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to these Terms of Use or the Site, including any resulting from use of the site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom. we reserve the right at any time and without liability to restrict or refuse access to the site and its services, content, materials and functions to anybody. we further reserve the right to seek any form of relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with the use of the site..

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UMUSIC HOTELS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, PRODUCTS OR INFORMATION, WHETHER OR NOT UMUSIC HOTELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL UMUSIC HOTELS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES AND/OR SUPPLIERS OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.

Indemnity

You agree to indemnify and hold UMUSIC HOTELS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against or incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms of Use or in connection with your use of the Site or any product or service related to the Site.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Florida, United States of America without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Void Where Prohibited

UMUSIC HOTELS administers and operates the Site from its location in Miami-Dade County, Florida. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use to you. UMUSIC HOTELS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any part of content of the Site or any copy or adaptation of such content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. UMUSIC HOTELS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by UMUSIC HOTELS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between UMUSIC HOTELS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Translations

As a service to our customers, we make these Terms of Use available in several different languages. In the event of any discrepancies between the various translations of these Terms of Use, the English version of the Terms of Use is the authoritative one.

Feedback and Information

We are pleased to hear from our users and welcome your feedback regarding the Site and the products and services offered in connection therewith. However, please do not send us any unsolicited original creative materials of any kind.  If you send us any creative suggestions, ideas, notes, drawings, concepts, feedback or other information (collectively, the "Submissions"), the Submissions shall be non-confidential, and shall be deemed, and shall remain, our property and UMUSIC HOTELS hall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, subject only to our Privacy Policy. You may not post or transmit to the Site any unlawful, defamatory, profane, or like material, and you may not modify or abridge any functionality of the Site.