TopSecret Resort Website Terms and Conditions
License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights on the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
● republish material from this website (including republication on another website);
● sell, rent or sub-license material from the website;
● show any material from the website in public;
● reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
● edit or otherwise modify any material on the website; or
● redistribute material from this website [except for content specifically and expressly made available for redistribution]
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with or you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person’s user ID and password to access our website.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of Liability
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
NEITHER TopSecret Resort, THE SITE OWNER, NOR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES OF THE FOREGOING SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY, INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR EMOTIONAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, THE CONDUCT OF ANY MEMBER OR ANY INTERACTIONS BETWEEN MEMBERS OR USERS OF THE SITE (WHETHER OFFLINE OR ONLINE), OR WITH ANY DELAY OR INABILITY TO USE THE SITE OR SERVICE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, HAVE BEEN ADVISED, OR HAVE NOTIFIED US OF THE POSSIBILITY OF ANY SUCH DAMAGES.
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WHITE LABEL DATING, THE SITE OWNER, OR ANY AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES OF THE FOREGOING BE LIABLE FOR: (A) ANY LOSSES OR DAMAGES IN EXCESS OF THE GREATER OF (I) THE AMOUNT OF SUBSCRIPTION OR OTHER FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (II) THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The websites linked to the Site are not necessarily under the control of TopSecret Resort and TopSecret Resort is not responsible for the content of any linked site or any link contained in a non-affiliated link. TopSecret Resort reserves the right to terminate any link or linking program at any time. TopSecret Resort has selected the links for your convenience. The selection or omission of links is not intended to endorse any companies or products. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and TopSecret Resort shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 advertiser. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS.
Exclusion of third-party rights
Law and jurisdiction
There shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public (such as a private attorney general) or other similarly situated persons unless the statute under which you are suing provides otherwise. All parties waive any claim to indirect, consequential, punitive, exemplary or multiplied damages arising out of any dispute with us unless the statute under which they are suing provides otherwise.