By submitting any ratings, reviews, photographs or other information ("Content") while using the CRR Service, you represent and warrant that:
- You recently stayed at the franchised property ("Hotel") for which you are providing a review;
- You are the sole author and owner of the intellectual property rights in the Content you submit;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All Content that you post is accurate;
- You are at least the age of majority in the jurisdiction where you reside;
You further agree and warrant that you shall not submit any Content and reviews containing such Content will not be published:
- That is known by you to be false, inaccurate or misleading;
- That contains the full name, email address, physical address, phone number or any other personally identifiable information of any person (including yourself);
- That is critical or spiteful to other posted reviews or their authors;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or otherwise violates the rights of any third party;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, obscene, abusive, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That mentions information about a Choice or Hotel representative;
- Advertisements, "SPAM" or references to other services, products, offers or websites.
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You further agree that:
- You will indemnify and hold Choice (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party, or your use of the CRR Service. Any waiver by Choice with respect to a breach by you or others shall not be construed to be a waiver as to succeeding breaches;
- Under no circumstances shall Choice and/or its affiliates be liable for any damages or injury, including any indirect, special, incidental, punitive, exemplary, consequential or any other damages whatsoever arising out of or in connection with the use of the CRR Service or the copying or display of the Content.
- For any Content that you submit using the CRR Service, you grant Choice a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such Content into any form, medium, materials or technology now known or hereafter developed throughout the world without notice or any financial or other obligation to you;
- By submitting your email address in connection with your rating and review, you agree that Choice and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes;
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Content on the site infringes your copyright or trademark rights, you may request such Content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Choice (address below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner ("Owner") or authorized representative that the Content is believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Content so that Choice can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Choice's agent for notice of copyright or trademark issues on the site can be reached as follows:
Choice Hotels International, Inc.
1 Choice Hotels Circle
Rockville, MD 20850
Attn: Office of the General Counsel
DISCLAIMER OF LIABILITY
CHOICE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH CHOICE BELIEVES THE CONTENT TO BE IN GOOD ACCURATE, COMPLETE, AND CURRENT, CHOICE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. CHOICE FURTHER DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR CORRECT. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSIONS OF CERTAIN WARRANTIES SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.