Terms & Conditions
The Players Club Hotel
Web Site, also known as the Players Club Hotel and
the Players Health and Racquet Club Web Site, (herein the "Site") is an
online information service provided by Spinnaker Resorts, Inc. (herein the
"Administrator"), and is subject to your compliance with the terms and
conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING, USING OR LINKING TO
THE SITE. Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND
CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site
and any other product or service offered by the Administrator through the
Site. The right to use products or services offered by the Administrator is
personal to you and is not transferable to any other person.
The Administrator reserves the right to change terms and conditions
applicable to the Site, or to impose new terms and conditions. Such
modifications or additions shall be effective immediately upon notice to
each client. Notice may be given by any reasonable means including, but not
limited to, posting a revised version of this Agreement on the Internet or
notification by electronic mail. Any use of the Site after such notice shall
conclusively be deemed to constitute acceptance by you of such
modifications, additions, or deletions. You have the responsibility to
periodically review the posted terms and conditions to be aware of such
revisions.
Section 1.
Use of Material, Copyright:
The Administrator authorizes you to view, copy, and print a single copy of
material on this Site solely for your personal, non-commercial use. Special
rules may apply to the use of certain software and other items provided on
the Site.
As a user, you agree to use the services offered by the Administrator in a
manner consistent with all applicable local, state and federal laws and
regulations. No material shall be stored or transmitted which infringes or
violates the rights of others, which is unlawful, obscene, indecent or
otherwise objectionable, threatening, defamatory, or invasive of privacy or
publicity rights. The Administrator prohibits conduct that might constitute
a criminal offense, gives rise to civil liability or otherwise violates any
law. Any activity that restricts or inhibits any other user from using the
services of the Administrator is also prohibited. Unless allowed by a
written agreement, you may not post or transmit advertising or commercial
solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material
("Material"), are protected by U.S. and foreign copyright and trademark law.
Unauthorized use of the Material may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary notices contained
in the original Material on any copy you make of the Material. You may not
sell or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other Web site or in a
networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the
Material automatically terminates and you must immediately destroy all
copies you have made of the Material.
Section 2.
The Administrator's Liability:
The Material may contain inaccuracies or typographical errors. The
Administrator makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be
obtained from using the Site or the Material. Use of the Site and the
Material is at your own risk. Changes are periodically made to the Site, and
may be made at any time.
THE ADMINISTRATOR DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR
THAT THE SITE AND SERVER ARE FREE OF COMPUTER VIRUSES OR ANY OTHER ELEMENTS
WHICH MAY BE HARMFUL. IF USE OF THE SITE OR MATERIAL RESULTS IN THE NEED FOR
SERVICING AND/OR THE REPLACING OF EQUIPMENT OR DATA; THE ADMINISTRATOR IS
NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE ADMINISTRATOR AND AFFILIATES, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY
OF FITNESS FOR PARTICULAR PURPOSE. THE ADMINISTRATOR AND HIS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3.
Disclaimer of Consequential Damages:
IN NO EVENT SHALL THE ADMINISTRATOR, AFFILIATES, OR ANY THIRD PARTIES
MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
ADMINISTRATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4.
User Submissions:
Any communication which you post to any path, directory,
extending-subdirectory, extending-sub domain and/or any other portion of the
Site or transmit to the Administrator or to the Site by e-mail or other
medium can be used by the Administrator on a royalty-free, perpetual,
irrevocable, nonexclusive license with the right to reproduce, modify,
publish, edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicenses.
Any communication which you post to any path, directory, subdirectory,
extending-sub domain, comment form and/or any other portion of the Site,
transmit to any user of this site, and/or transmit to the Administrator or
to the Site by e-mail, comment and/or other medium which is deemed by the
Administrator to be commercial in nature, appears robotically and/or
automatically posted, and/or appears posted for the sole purpose increasing
a third party domain's website traffic, will automatically be assessed a
$500 (US) per month fee for advertising, payable within 30 days of user's
communication. Failure to pay will result in the entity posting the
communication having their account turned over to a collection agency of the
Administrator's choosing.
As a user of the Site, you are responsible for your own communications and
are responsible for the consequences of their posting. You must not do the
following things: post material that is copyrighted, unless you are the
lawful copyright owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you own them or have
the permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights
of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user of the Site or
any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
The Administrator does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other users of the
Site. The Administrator does not endorse any opinions expressed by users of
the Site. You acknowledge that any reliance on material posted by other
users of the Site will be at your own risk.
The Administrator does not screen communications in advance and is not
responsible for screening or monitoring material posted by users of the
Site. If notified by a user of communications which allegedly do not conform
to this agreement, the Administrator may investigate the allegation and
determine in good faith at his sole discretion whether to remove or request
the removal of the communication. The Administrator has no liability or
responsibility to users of the Site for performance or nonperformance of
such activities. The Administrator reserves the right to expel users of the
Site and prevent their further access to the Site for violating this
agreement or any law or regulation, and also reserves the right to remove
communications which are abusive, illegal, or disruptive.
Section 5.
Links to Other Sites:
The Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by the
Administrator of the contents on such third-party Web sites. The
Administrator is not responsible for the content of linked third-party Web
sites and does not make any representations regarding the content or
accuracy of material on such third party web sites. If you decide to access
linked third-party Web sites, you do so at your own risk.
Section 6.
Links from Other Sites:
This Site may be linked by third party Web sites. By linking to the Site,
you agree to abide by the Terms of the Site. You may not 'adorn' the link in
such a way as to imply an endorsement, ownership and/or sponsorship of the
Site or materials contained on the Site. By linking to the site, you agree
that the Terms of the Site supersede any and all terms stated or implied on
third party web site containing the link. By linking the site, you agree to
relinquish any and all claims of ownership, rights to use, permissions
and/or licenses to the intellectual property rightfully owned by the Site.
Section 7.
Software Licenses:
All software that is made available for downloading from the Site
("Software") is protected by copyright and may be protected by other rights.
The use of such software is governed by the terms of the software license
agreement or designated "Legal Notice" and/or Software License ("License
Agreement"). The downloading and use of such Software is conditioned on your
agreement to be bound by the terms of the License Agreement.
Section 8.
Limitation of Liability:
Unless otherwise expressly provided in a Software License or Legal Notice,
the aggregate liability for the Administrator to you for all claims arising
from the use of the Materials (including Software) is limited to $0.01.
Section 9.
Indemnity:
You agree to defend, indemnify, and hold harmless the Administrator, his
designates, relatives, officers, friends, directors, employees and agents,
from and against any claims, actions or demands, including without
limitation, reasonable legal and accounting fees, alleging or resulting from
your use of the Material (including Software) or your violation of the terms
or conditions of this agreement.
Section 10.
Export Control:
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export the
Materials (including Software) to countries or persons prohibited under the
export control laws. By downloading the Materials (including Software), you
are agreeing that you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited. You are
responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Materials (including
Software).
Section 11.
User Information:
The Administrator may use the information it obtains relating to you,
including your IP address, name, mailing address, email address and use of
the Site, for his internal business and marketing purposes.
Section 12.
General:
Spinnaker Resorts, Inc is based in Hilton Head Island, South Carolina, with
resort and administrative locations in Ormond Beach, Florida and Branson,
Missouri. The Administrator makes no claims that the Materials are
appropriate or may be downloadable outside of the United States. Access to
the Materials (including Software) may not be legal by certain persons in
certain countries. If you access the Site from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction. This agreement is governed by internal substantive
laws of the State of South Carolina, without respect to its conflict of laws
principles. If any provision of this agreement is found invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this agreement, which
shall remain in full force and effect. If the user of this Site resides
outside the State of South Carolina, the user must comply with the
regulations of the State within which they reside and/or are accessing the
Site. These regulations include those relating to the internet, and
timeshare sales. Furthermore, in no way is Spinnaker Resorts, Inc. utilizing
the contents of herein Site for the purpose of Sales solicitation in any
State for which they are not registered. In States where Spinnaker Resorts
is not registered, the user agrees that they have entered Site of their own
volition. No waiver of any term of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term. Except
as expressly provided in a particular "Legal Notice" or Software License or
Material on particular pages of the Site, this Agreement constitutes the
entire agreement between you and the Administrator with respect to the use
of the Site.