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Terms & Conditions (Pine Cliffs Marketing Collateral, Usage & Promotion)

  • Terms of Use Agreement

    Welcome to United Investments Portugal, SA (“Pine Cliffs Resort”) Asset Library Website. Pine Cliffs Resort developed this Site to assist its certified Real Estate Agents, strategic partners, in house marketing and other departments in creating advertising that will improve productivity, ensure consistency, and achieve operational excellence.

    Please carefully review the terms and conditions contained in the following Terms of Use Agreement (the “Agreement”). Pine Cliffs Resort may revise the Agreement by updating the Site without specific notice to you. The latest Agreement is the agreement posted on the Site. You must review and accept the Agreement posted prior to each use of the Site. The Agreement posted at the time of your use of this Site governs that use. Pine Cliffs Resort reserves the right in its sole discretion to make changes to the features, functionality, or content of the Site at any time.

    By using our Site, you are agreeing to be bound by the terms and conditions in this Agreement. If you do not agree to abide by these terms, you should may not use this Site.

    1. Pine Cliffs Resort Standards and Copyrights

    The development and use of materials developed on this Site are subject to Pine Cliffs Resort’s Brand and Marketing Standards (“Pine Cliffs Resort Standards”), which are published by Pine Cliffs Resort from time to time and posted on this Site. All the images, text, audio, video and other materials on this Site (collectively, the “Content”) are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). Products, services, and company names mentioned on this Site may be trademarks or servicemarks of Pine Cliffs Resort or third parties. Technologies and processes embodied in and used by this Site-including aspects of the Pine Cliffs Resort Asset Library’s online graphic design, tracking and products-may be covered by one or more Portugal patents and patents pending.

    Accordingly, the copying, downloading, displaying, posting, redistribution, use, or publication by you of any Content or any part of the Site is strictly prohibited, except as to Content which you currently own and as allowed by Paragraph 2 below. By using this Site, you do not acquire ownership of any Content or any rights therein. The posting of Content on the Site does not constitute a waiver of any right in such Content. Any questions concerning the use of the Content, Pine Cliffs Resort trademarks or whether a trademark or service mark that does not appear on this site is a trademark or service mark of Pine Cliffs Resort should be referred to Pine Cliffs Resort Marketing Department at (+351) 289 500 300.

    2. Limited License and Use Restrictions

    You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site and Content strictly in accordance with this Agreement; (b) to use the Site and Content solely to generate advertising materials for the benefit of Pine Cliffs Resort branded properties that are in strict compliance with terms and conditions of this Agreement, Pine Cliffs Resort Standards, and applicable laws and regulations. You may combine items of Content for purposes of creating such advertisements, but once such advertisements have been approved and released by Pine Cliffs Resort for your use, you may not modify the advertisements in any material way (i.e., modify rate information and/or legal disclaimers) without Pine Cliffs Resort’s prior written consent. You will maintain all copyright and other proprietary notices contained on any Content. You may not “mirror” any material contained on this Site on any other server without Pine Cliffs Resort’s written permission.

    Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pine Cliffs Resort or the copyright owner. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, truth in advertising laws, the laws of privacy and publicity, and related communications regulations and statutes. This limited license shall terminate automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any materials downloaded or printed from this Site.

    3. Intellectual Property Rights

    If you are a Pine Cliffs Resort certified Real Estate Agent, you agree that any advertisements or other works that you create using the Site or any Content are specially commissioned works and that such works shall be deemed works made for hire. Accordingly, Pine Cliffs Resort shall own all copyrights and other rights in any such advertisements or other works. If, notwithstanding the foregoing, any such advertisement or other work is not deemed to be a work made for hire under applicable law, you hereby assign all of your right, title and interest therein or relating thereto to Pine Cliffs Resort.

    4. Certification and License of User Provided Content

    By selecting the “I Agree” button below, you are certifying that all information you provide in using this Site which describes the Pine Cliffs Resort branded property(ies) that you are promoting and/or  information pertaining to Pine Cliffs Resort branded property(ies), including any and all additional automatic charges (such as resort fees, ownership fees or service charges) that must be disclosed in all advertising created by use of this Site, is accurate and complete. Failure to disclose accurately and fully all additional automatic charges whenever property(ies) information is quoted or advertised is a serious violation of Pine Cliffs Resort policies.

    Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be copied, disseminated or used by Pine Cliffs Resort or its affiliates for all time and for any purpose whatsoever, including, but not limited to, developing, tracking and marketing products. Notwithstanding the foregoing, all personal data provided to Pine Cliffs Resort will be handled in accordance with Pine Cliffs Resort’s Online Privacy Practices and you acknowledge and agree that all such data may be used, stored or transferred by Pine Cliffs Resort within Portugal and abroad. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

    5. Limitation of Liability

    THE SITE AND CONTENT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. PINE CLIFFS RESORT SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) THE UNAUTHORIZED USE OF THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE.

    IN NO EVENT SHALL PINE CLIFFS RESORT, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES (COLLECTIVELY “AFFILIATED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFIT, OR GOODWILL AS A RESULT OF LITIGATION OR ADMINISTRATIVE PROCEEDING), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR REGULATORY VIOLATION, OR OTHERWISE ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PINE CLIFFS RESORT OR A PINE CLIFFS RESORT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    6. Indemnification

    You agree to indemnify, defend and hold Pine Cliffs Resort and its Affiliated Parties harmless for any damages, liability, loss, claim and expense (including all legal costs and attorneys’ fees) from and against any action or proceeding of any kind relating to or arising out of this Agreement, your use of this Site, and any advertising or promotion created, used, and/or disseminated by you as a result of your use of this Site, notwithstanding any approval that may have been given by Pine Cliffs Resort with respect to advertising or promotion created, used, and /or disseminated by you. Pine Cliffs Resort shall have the right to control the defense of any such action or claim in all aspects.

    7. Due Authority

    By selecting the “I Agree” button below and thereby effectively executing this Agreement, you expressly warrant that you have due authority to sign and execute this Agreement on behalf of the Pine Cliffs Resort certified Real Estate Agent(s) on whose behalf you will use this Site.

    8. Miscellaneous Provisions

    Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Portugal, notwithstanding the actual location of your Company Office and without regard to principles of conflict of laws.

    In the event that any one or more of the provisions contained in this Agreement shall for any reason be held illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall in no way affect any other provision if the parties hereto mutually elect in writing to proceed as if such invalid, illegal, or unenforceable provision had never been included in this Agreement.

    This Agreement shall be deemed to have been drafted jointly by the Parties. It is agreed and understood that the general rule that ambiguities are to be construed against the drafter shall not apply to this Agreement. In the event that any wording of this Agreement is found to be ambiguous, each of the Parties shall have an opportunity to present evidence as to the actual intent of the Parties with respect to any such ambiguous language.

    This Agreement constitutes the entire and only agreement between Starwood and you with respect to the use of the Site, its Content, and the subject matter of this Agreement, which supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect thereto. Starwood may revise at any time the Terms of Use Agreement by updating the Site without specific notice to you. . Any prior agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement not expressly set forth or referred to in this Agreement are of no force or effect. Each of the Parties acknowledges that no one has made any promise, representation, or warranty whatever, express or implied, not contained or referred to herein concerning the subject matter of this Agreement to induce the Party to execute this Agreement. Each of the Parties acknowledges that it is not executing this Agreement in reliance upon any promise, representation, or warranty not contained or referred to in this Agreement.

    9. Special Offers
    Terms and Conditions
    The price is per adult/night and based on a min.-max. stay of 3 nights for 2 adults + 2 children. Accepting this promotion requires attending a presentation by both partners about the benefits of the Pine Cliffs Luxury Lifestyle Properties and Holiday ownership options. This one time offer is subsidised by Pine Cliffs, with the aim of informing you about our properties and holiday ownership options for sale. This promotion is aimed at couples between 25 and 70 years. This promotion is non-transferable and cannot be used in conjunction with any other promotion of Pine Cliffs and its services. This promotion is not valid for Algarve residents, existing Pine Cliffs Vacation Club members and property owners, employees or guests who have already attended a presentation.

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