THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at [email protected] Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website.
The Website may discuss topics related to travel, including discussion of modes of transportation, lodging, and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. Your experience with the same providers mentioned may differ from that depicted on the Website. All travel information on the Website is for informational purposes only. After publication of any information, travel information may change or no longer be accurate. Company disclaims any liability for your use of the information connected to travel and recommends you conduct your own research to confirm any travel information is appropriate for you or is still accurate.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification; and
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission. You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing without Company’s express written permission.
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
“VIVA CABANA” is a trademark of Company and is protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Stylestate Inc., http://www.vivacabana.com/, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for the use of such content by Website, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
The Website may offer the option for you to leave comments, engaging with the Website posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s products or services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
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Last updated: April 29, 2022.