6. This Web Site
6.1 Any software that is made available to download from
this Web Site ('Software') is the copyrighted work of
Fontainbleau Hilton Resort of Miami Beach and / or its
affiliates and / or suppliers.
6.2 Your use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies
or is included with the Software ('License Agreement').
6.3 You may not install, copy or use any Software that
is accompanied by or includes a License Agreement unless
you first agree to the License Agreement terms.
6.4 For any Software not accompanied by a License Agreement,
Fontainbleau Hilton Resort of Miami Beach hereby grants
to you, the user, a personal, non-transferrable license
to use the Software for viewing and otherwise using this
Web Site in accordance with these terms and conditions
and for no other purpose. By installing, copying or otherwise
using the Software you agree to be bound by the terms
and conditions of this licence.
6.5 Please note that all Software, including without
limitation all HTML code, Active X controls and other
script contained in this Web Site, is owned by Fontainbleau Hilton Resort of Miami Beach and / or its suppliers
and is protected by copyright laws and international treaty
provisions. You may only make copies of the Software for
backup or archival purposes. Any other reproduction or
redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
You may not reverse engineer, de-compile or disassemble
the Software except and only to the extent that law notwithstanding
this limitation expressly permits such activity.
6.6 Without limiting the foregoing, copying or reproduction
of the Software to any other server or location for further
reproduction or redistribution is expressly prohibited.
The Software is under warranty, if at all, only according
to the terms of the license agreement.
7. General
7.1 This agreement is governed by the laws of England
and Wales. You hereby consent to the exclusive jurisdiction
of the English courts in all disputes arising out of or
relating to the use of this Web Site. Use of this Web
Site is unauthorised in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
7.2 Fontainbleau Hilton Resort of Miami Beach may, and
you may not, assign, convey, subcontract or delegate rights,
duties or obligations hereunder.
7.3 You accept that no joint venture, partnership, employment,
or agency relationship exists between you and Fontainbleau Hilton Resort of Miami Beach as a result of this
agreement or use of this Web Site.
7.4 If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the
original provision and the remainder of the agreement
shall continue in effect.
7.5 This agreement constitutes the entire agreement between
the customer and Fontainbleau Hilton Resort of Miami
Beach with respect to this Web Site and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between the customer
and Fontainbleau Hilton Resort of Miami Beach with respect
to this Web Site.
7.6 A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
7.7 Fictitious names of companies, products, people,
characters, and / or data mentioned herein are not intended
to represent any real individual, company, product, or
event.
