Terms of Use

LEGAL DISCLAIMER

Using the services proposed by www.tophotels.org you express your consent with the terms and conditions of the resource.

Using the services proposed by www.tophotels.org you accept the terms and conditions of the Agreement on Terms and Conditions of Use of the Resource below regardless of you are a “Guest” (it implies simple use of the service by you) or a “Registered User” (it implies registration on the www.tophotels.org Internet resource) and regardless the purpose and subject of use.

AGREEMENT

ON TERMS AND CONDITIONS OF USE OF THE RESOURCE

The edition as of June 01, 2014

1. Terms and Definitions

Agreement means the Agreement on terms and conditions of use of the www.tophotels.org resource.

Administrator means administrators, moderators, title holders and other lawful owners of the www.tophotels.org resource.

Resource (Service) means www.tophotels.org website.

Materials means information posted on the resource: texts, articles, pictures, videos, and illustrations.

User means an individual or an organization visiting the www.tophotels.org Internet resource.

Depending on the purpose and the subject of use of the resource there are the following types of users:

1. Common users, i.e. individuals, tourists at most, and persons planning their rest, visiting the resource for personal purposes, without the purpose to make a profit.

2. Commercial users, i.e. legal entities, individual entrepreneurs and their representatives or other persons acting in the interest of the above said subjects visiting the resource in connection with their professional activity and having commercial purposes.

In the text of the present Agreement “commercial users” means including but not limited to the following Users: travel agencies, tourist operators, hotels, tourist search and information systems and other subjects of tourist business and persons acting in their interests.

2. General provisions

2.1. Consent of a User to act in full accordance with all applicable rules of international law and in accordance with this Agreement shall be a necessary term of use of the www.tophotels.org service.

2.2. Site administrators can change this Agreement at any time. Any changes in this Agreement shall come into force from the moment of their publication on the www.tophotels.org site. Continuing use of the www.tophotels.org service you agree to act in accordance with the terms and conditions of the modified Agreement.

2.3. Vising and using the resource means that the User accepts all terms and conditions of the present Agreement to the full extent without any exceptions and restrictions. Use of the resource under other terms shall be not allowed.

2.4. Given that an active hyperlink to the Agreement is placed on the main page of the resource and available to the general public the Agreement shall be deemed as concluded with a specific User from the moment of visit of this User to the resource even despite the absence of registration of the User on the resource.

3. Description of the resource

3.1. www.tophotels.org is an information rating of hotels of the world based on opinions of professionals of tourist business (travel agents) and tourists.

3.2. This resource is a daily resupplied catalogue of hotels of the world containing descriptions of hotels, their pictures and contacts. Every user can leave his/her comments about the hotel he/she visited, estimate the accommodation, service and food in the hotel making additional comments of his/her grades forming the TOP Hotels rating.

3.3. In addition to the general information about hotels, users can find some additional materials and services which can be useful during selection of a place of rest on www.tophotels.org, for example, information about special actions, hotel news and other relevant information.

3.4. www.tophotels.org as well as the title holder of this resource neither is a travel agency, nor sells tourist services.

4. Intellectual property. Restrictions of use of the resource

Common restrictions without regard to the User type

4.1. All materials on the www.tophotels.org resource including but not limited to any documentation, texts, content, data, graphic presentations, interfaces or other materials are protected by international law. Materials of the site can contain trademarks, service marks and trade names (names). All rights reserved.

4.2. Information place by Administrators on the resource, i.e. texts, articles, photos, videos, illustrations shall be property of the title owner of the resource or his/her partners excluding materials authorship of which is stipulated immediately in their content (articles, texts, photos and illustrations) or information loaded by Users.

4.3. Use of the information (text, graphical audiovisual and other) placed on the Site can be performed only on condition of observance of requirements of international copyright law and the present Agreement.

4.4. Design, structure of the Site, graphics and other elements which are protected under international law shall not be reproduced fully or partially to create new information objects excluding cases of contractual or partner relations with Administrators of the resource. At that terms and conditions of reproduction shall be stipulated individually.

4.5. Some parts of this resource can be password protected and require registration of the user who wishes review them. After the process of registration on our site an account and a password giving the possibility to have an access to all services of www.tophotels.org free of charge, except as otherwise provided shall be provided to the User. The User shall provide confidentiality of the password and bear responsibility for any damage and any obligations which became a consequence of the inability of provide confidentiality of the password.

4.6. The User shall agree not to use www.tophotels.org for:

  • • Loading materials which do not correspond with international law, are harmful, threatening, insulting, libelous, vulgar or indecent;
  • • Personation including but not limited to official representatives of www.tophotels.org or suppliers of tourist services and to reflect a nonexistent connection between you and other persons;
  • • Loading, mailing or any other form of publication of materials which you have not the right to publish;
  • • Loading, mailing or any other form of publication of not required of prohibited advertisement, promo materials, spam and any other advertising materials;
  • • Loading, mailing or any other form of publication of materials containing computer viruses or any other program codes, files or programs created for the purpose of interruption, liquidation or restriction of functionality of any software or hardware;
  • • Hampering or interruption of operation of the Service or servers and networks connected with the resource.

4.7. The User of the resource shall not:

  • • Reconstruct or try to receive access to the initial code, disseminate or create any derivative works based on use of the Resource or any its part;
  • • Enter into the Resource by any ways excluding the www.tophotels.org interface. In addition, any software access to which is provided on this site including but not limited to all HTML codes and online controls shall be property of administrators.
  • • Any reproduction or dissemination of this software shall be strictly prohibited.

4.8. A Resource Administrator can prohibit/restrict use of the resource by the User by his/her own discretion and without preliminary notice. Reasons of such measures can include but not be limited to:

  • • Violation of these terms and conditions of use or other contracts with the www.tophotels.org administration;
  • • Appropriate requests of law-enforcement or other state agencies; Sudden appearance of operating failures or problems with the security system;
  • • Participation of the User in fraudulent or illegal operation and/or non-payment of any mony sums charged for rendering services connected with the Service.
  • Restrictions on the use of the resource for Common Users

4.9. www.tophotels.org provides free services designed for private non-commercial use. The User is not allowed using this site to receive profit excluding contractual relations with the Administration of the resource;

4.10. Unless expressly agreed to the contrary on the site this Agreement shall allow the Common User reviewing, loading, cashing, copying and printing the Materials in accordance with the following terms and conditions:

• Any copy of the Materials or a part of them shall contain a reference to the page of the www.tophotels.org resource containing the copied information;

• The Common User is provided with the restricted non-exclusive right to create hypertext links to the main page and inner pages of the resource under the condition that such link does not lead to a false, humiliating, fraudful perception of the www.tophotels.org resource.

At the same time, www.tophotels.org reserves the right to cancel the above-said permission at any time without giving reasons so any use of the Materials shall be immediately terminated with sending the appropriate notice to the Administrator.

Restrictions on the use of the resource for Commercial Users

4.11. Commercial Users are not allowed loading, cashing, copying and printing the Materials from the Site without receiving a preliminary writing consent of the Administrator of the Site.

4.12. Commercial Users are allowed placing links only to the full version of the Resource and the main page of www.tophotels.org.

4.13. Commercial Users are not allowed placing links to inner pages of www.tophotels.org including special links with “?_mode – “ without regard to the purpose of their placing.

4.14. Commercial Users are not allowed using any trademarks, logos or trade names from the resource and any other author information including graphical pictures and any text or an interface/design of any page or any form contained on the page of the Site without receiving a preliminary written consent of the Administrator of the Site.

5. Materials transferred (placed) by the User for publication and/or dissemination with the help of www.tophotels.org

5.1. The User shall guarantee that all information he/she placed is true. The User shall bear responsibility for placing unreliable, false, erroneous information.

5.2. The User shall bear responsibility for validity, correspondence with the real state of things, correspondence with the context, originality and authorship of any placed material.

5.3. The Moderator shall have the right to make corrections in comments with mistakes or obscene words. Comments containing advertisement or any other commercial offers will be deleted from the site. Active or non-active links used in comments will be cut off in the majority of cases. The Administrator/Moderator of the project shall have the right to delete comments/pictures loaded by users without giving reasons.

5.4. The title holder of the www.tophotels.org site shall not disseminate his author’s rights to the materials accessible on the resource (including pictures and graphical elements) published by the User. However, publishing such materials on the resource the User shall transfer www.tophotels.org the international non-exclusive and free license (permission) to use, disseminate, adapt and publish these materials for the purpose of describing and advertising of the hotel or service. The permit duration shall be ended when the User or the administration of www.tophotels.org remove these materials from pages of the Site.

5.5. The administration of the resource shall not bear responsibility for the correctness of information in comments. www.tophotels.org shall not provide control of materials published by Users on the resource. So, it does not guarantee the correctness, entirety or quality of these materials. The User shall evaluate the potential risk and bear full responsibility for use of any materials independently including confidence in their correctness, completeness and utility.

5.6. Administrators can review or not to review materials before publication. Representatives of www.tophotels.org shall have the right (but not a duty) to monitor, reject or transfer any materials available with the help of the Service.

5.7. Users shall be PROHIBITED to place any materials dissemination of which is prohibited by rules of international law on the resource. Users shall bear responsibility for discrepancy between the content of advertising and information materials and the current international law. Users shall guarantee that materials he/she publishes are not undue advertising and observe privacy, private and family secret, other rights and interests of third persons protected by international laws.

6. Liability restriction

6.1. Administrators of the Site shall apply all due efforts to provide correctness of all information placed on the Site. At the same time, they do not guarantee absolute correctness, completeness of authenticity of the information on the Site and are not responsible for discrepancies, possible mistakes or other defects in the placed information.

6.2. Evaluation of quality of the information placed on the Site, its actuality, completeness and applicability shall be the competence of Users.

6.3. www.tophotels.org shall give no guarantees. The information and services offered on the Site can be inaccurate because the most part of this information is provided by immediate suppliers of services.

6.4. Administrators shall not guarantee that:

• The service will meet your requirements;

• Results received in the process of use of the service will be exact or trustful;

• Quality of any services, information or other materials acquired by you with the help of the resource will correspond with your requirements.

6.5. Hotel ratings displayed on this site can be used only as general recommendations.

6.6. Administrators of www.tophotels.org and/or third persons working with them can make changes in the information on this Site at any time.

6.7. Partners of www.tophotels.org including but not limited to hotels, travel agencies and tourist operators providing tourist or any other services with the help of www.tophotels.org shall not be agents or representatives of www.tophotels.org.

6.8. www.tophotels.org shall not be responsible for actions, mistakes, promises of its partners or third persons placing information on the resource and for violations or non-observance of contracts by them and for any material, moral direct or indirect damage or any other losses due to the above-said.

6.9. Administrators of the Site cannot bear responsibility for any direct, indirect damage connected with use of this Site or with delay or impossibility to use it and for any information, products and services acquired with the help of this Site or received with the help of it otherwise.

6.10. This Site contain hyperlinks to Internet resources controlled by persons who are not connected with www.tophotels.org. These hyperlinks are published exclusively for information only. The Administrator shall not control these Internet resources and be responsible for their content and use of this content by Users.

6.11. Users shall bear responsibility in connection with clams of third persons to administrators of the Site and Users personally for violations provoked by placing of his information materials.

6.12. Administrators of the resource shall not bear responsibility for temporary failures and interruptions in providing services, for failures and interruptions in operation of communications, other analogous failures and failures of the computer from which the User is connected to the Internet.

7. Solution of disputes and applicable legal norm

7.1. In case of publication of the materials contained on pages of the Site without observance of the terms and conditions of the present Agreement administrators shall reserve the right to protect their violated rights in accordance with international copyright law.

7.2. If facts of violation of the terms and conditions of the present Agreement are detected the Administrator shall send a pretrial notice with the request to eliminate disclosed violations at a stated time to the “violator”. In case of non-performance of the specified requirements protection of violated rights and recovery of damages shall be performed in an action at law at the place of registration of the title holder of the www.tophotels.org Site.

7.3. Any legal proceedings concerning the present Agreement shall be held in accordance with rules of international law and the terms and conditions of the present Agreement.

8. Final provisions

8.1. If you do not agree with the terms of use or any part of them please restrain from use of the www.tophotels.org resource.

Administrators

of www.tophotels.org resource