Site Usage Agreement
For the purpose to provide information about the MOZART HOTEL GROUP (collectively "MOZART" you may use the Internet site located at https://ok-odessa.com/en/terms-of-use (collectively, the "Site"). Your access to and use of the Site is subject to the following rules and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions which may be modified by the administration of MOZART at any time. You may find the current version of the Terms and Conditions at any time at https://ok-odessa.com/en/terms-of-use.
If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. By using this Site you warrant that you are over eighteen (18) years of age to reserve a room on this Site. If you are under the age of eighteen, you may contact the hotel directly for assistance.
You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.
You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of MOZART. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto ("Licensed Content"), is owned by MOZART or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. We consider our trademarks to be valuable assets, and take infringement of them seriously. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent.
Subject to compliance with the Terms and Conditions of this Agreement, MOZART grants to you a restricted, nonexclusive, non-transferable, right to use the Site and Software solely as follows:
To access the Licensed Content and Software from the Site solely for your use. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.
You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. MOZART grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto.
You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MOZART, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or on the Software, in whole or in part.
MOZART values its relationship with clients and therefore makes every effort to safeguard personal information while also making information available to our visitors. MOZART collects personal information in several ways from different parts of the Site. For more detail information, please see Privacy Policy.
By transmitting any information, suggestions, material or other content to MOZART, you automatically grant MOZART the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and display such information, suggestions, material or other content.
MOZART may use "cookies" to secure your transaction activities and enhance the performance of the Site. A cookie is a small amount of identifier data that is sent to your browser from a MOZART web server and stored on your computer's hard drive. Generally, MOZART may use cookies to: (a) remind it of who you are in order to deliver to you a better and more personalized service and (b) estimate its audience size. By determining the nature and extent of repeat usage, MOZART will be able to (c) target information to you based upon your interests; and (d) measure certain traffic patterns to understand how users' habits are similar or different from one another, all so that MOZART may improve the Site. Also we collect IP addresses for system administration to include them in outgoing mail message headers. We may also research users' demographics, interests and behavior based on the information provided upon registration. To help us improve its services to you, we may, from time to time, make collective customer information available to selected third parties, but only in the aggregate. As a rule, MOZART will not disclose any of your personally identifiable information. However, by accessing and using the Site, you agree that such information may be disclosed as described above, in addition to when MOZART has reason to believe that disclosing this information is necessary to identify, contact or bring legal action to enforce any of our rights, including against you or a third party for nonpayment, or violation of the Terms and Conditions causing injury to or interference with its rights or property, to other users or anyone else that could be harmed by such activities.
If you would like to view the privacy practices that govern how we process information about you on our Sites please review our Privacy Policy.
You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that You and not MOZART are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will MOZART be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Site.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
You agree to not use the Site to:
(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;
By accessing and using the Site, you agree to indemnify and hold MOZART, subsidiaries, affiliates, other agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any Rights.
MOZART reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Licensed Content or may terminate your use of this Site with or without notice. You agree that MOZART shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
The Site may contain links to third party websites. By providing these links, we are not endorsing, sponsoring or recommending such sites, materials, services provided by them, and are not responsible for the materials, services or other situations at or related to any other site. Because MOZART has no control over such sites and resources, you acknowledge and agree that MOZART is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any products or other materials on or available from such sites or resources.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Your correspondence or business dealings with any persons or business entities certified by MOZART, or participation in promotions of sponsors, partners, advertisers or other third parties found on or through the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MOZART specifically disclaims any obligation to review, test or otherwise confirm the accuracy of any information placed on the Site or otherwise obtained from such partners, advertisers or other third parties. You agree that MOZART shall not be 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 such third parties on the Site. However we may be privy to and use personal information provided by you to such parties.
Electronic transmissions, including the internet, are public media, and any use of such media is public. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.
You agree that you use the site at your own risk. The content of the site are provided "as is" and on an "as available" basis without representations or warranties of any kind either express, implied or statutory. We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the site or any site linked to it. to the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance. We do not warrant that the site or the services, content, materials or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materialsavailable are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, functions or products available through the site in terms of their correctness, accuracy, reliability, or otherwise. you assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an unsportsmanlike manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
The Site may contain technical inaccuracies or typographical errors or omissions. MOZART is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. MOZART reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
You expressly understand and agree to the following:
Under no circumstances, including, but not limited to, negligence, shall mozart hotel group be liable for any lost profits, cost of cover, any kind of damages that result from the use of, or the inability to use, the site or the services of 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, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
In addition, we have no duty to update the site or the contents thereof.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, 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, members, suppliers and/or clients 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 and terminate this agreement in accordance with the terms hereof.
By utilizing this site, all users acknowledge and agree that mozart is released, discharged and held harmless from and is not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, legal costs that may occur 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.
Notices about changes of the terms and conditions shall be made to you via either email or regular mail. Notice or other correspondence to MOZART should be mailed to: info@mozart-mc.com or by regular mail at 5 Gagarin Plateau, Odessa, 65009, Ukraine.
MOZART HOTEL GROUP and other logos, trade names, product and service names are proprietary to MOZART, its subsidiaries and affiliates (collectively the "Marks"). In addition, MOZART may license from third parties the rights to use their Marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.
The Terms and Conditions constitute the entire Agreement between you and MOZART and govern your use of the Site. The Terms and Conditions and the relationship between you and MOZART shall be governed by the laws of Czech Republic without regard to its conflict of law provisions. 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. If any provision of this Agreement 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.
We are pleased to hear from our customers and welcome your comments regarding the Site and other products offered in connection with the Site. We hope you understand that it is the intent of this site usage agreement to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on the Site and the services and products offered in connection therewith.
Our Site contains information about MOZART products and services, not all of which are available in every country. A reference to a MOZART product or service on one of our Sites does not imply that such product or service is or will be available in your location
If you have any questions or you have noticed any violations about these Terms of Conditions please send an e-mail to our customer service at info@mozart-mc.com or by regular mail at 5, Gagarin Plateau, Odessa, 65009, Ukraine.
