Please choose carefully the information you post on or through HPI services and that you provide to other Users. Your HPI profile may not include any form of Prohibited Content, as outlined in Section 13 below. Despite this prohibition, information, materials, products, or services provided by other HPI Users (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and HPI assumes no responsibility or liability for this material. If you become aware of misuse of the HPI services by any person, please click on the “Contact HPI”, “Contact Us”, or the “Report Abuse” (or similar wording thereto) link at the bottom of the HPI website pages.
1. Service Requirements
2. Disclaimer of Warranties.
3. Limitation of Liability
5. Phone Numbers
6. Modifications and Interruption to Service
7. Third-Party Sites
10. Use by Users.
11. Proprietary Rights in Content on HPI.
11.1 HPI does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that You post on or through the HPI Services. After posting your Content to the HPI Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By displaying or publishing (“posting”) any Content on or through the HPI services, you hereby grant to HPI and its affiliates a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the HPI services, including without limitation distributing part or all of the HPI website(s) in any media formats and through any media channels, except Content marked “private” will not be distributed outside the HPI Website. This limited license does not grant HPI the right to sell or otherwise distribute your Content outside of the HPI services. After you remove your Content from the HPI website(s) We will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate shortly thereafter, except as provided and allows in archival (i.e., backup copies) storage.
11.2 The license you grant to HPI is non-exclusive (meaning you are free to license your Content to anyone else in addition to HPI), fully-paid and royalty-free (meaning that HPI is not required to pay you for the use on the HPI services of the Content that you post), sub licensable (so that HPI is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the HPI services and messages), and worldwide (because the Internet, phone, and the HPI services are global in reach).
11.3 You represent and warrant that: (i) you own the Content posted by you on or through the HPI services or otherwise have the right to grant the license set forth in this Section 11, and (ii) the posting of your Content on or through the HPI services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the HPI services.
11.4 The HPI services contain Content of HPI (“HPI Content”). HPI Content is protected by copyright, trademark, patent, trade secret and other laws, and HPI owns and retains all rights in the HPI Content and the HPI services. HPI hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the HPI Content (excluding any software code) solely for your personal use in connection with viewing the HPI website, phone services, and using the HPI services.
11.5 The HPI services contain Content of Users and other HPI licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HPI services.
11.6 HPI performs technical functions necessary to offer the HPI services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the HPI services.
12. Content Posted.
12.1 HPI may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of HPI violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. HPI assumes no responsibility for monitoring the HPI services for inappropriate Content or conduct. If at any time HPI chooses, in its sole discretion, to monitor the HPI services, HPI nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
12.2 You are solely responsible for the Content that you post on or through any of the HPI services, and any material or information that you transmit to other Users and for your interactions with other Users.
13. Content/Activity Prohibited.
13.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
13.2 harasses or advocates harassment of another person;
13.3 exploits people in a sexual or violent manner;
13.4 contains nudity, excessive violence, or offensive subject matter or contain a link to an adult website;
13.5 solicits personal information from anyone under 18;
13.6 publicly posts information that poses or creates a privacy or security risk to any person;
13.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
13.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
13.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
13.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
13.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
13.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13.13 involves commercial activities and/or sales without prior written consent from HPI such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13.14 includes a photograph or video of another person that you have posted without that person’s consent;
13.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
13.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the HPI Website and through your use of the HPI services. HPI reserves the right to investigate and take appropriate legal action against anyone who, in HPI’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
13.17 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
13.18 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the HPI services. You may not transmit any chain letters or junk email to other Users. In order to protect our Users from such advertising or solicitation, HPI reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which HPI deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the HPI services, you acknowledge that you will have caused substantial harm to HPI, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HPI $50 for each such unsolicited email or other unauthorized commercial communication you send through the HPI services;
13.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the HPI services;
13.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
13.21 covering or obscuring the banner advertisements on your personal profile page, or any HPI page via HTML/CSS or any other means;
13.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
13.23 interfering with, disrupting, or creating an undue burden on the HPI services or the networks or services connected to the HPI services;
13.24 impersonating or attempting to impersonate another User, person or entity;
13.25 for band, comedy, filmmaker and other profiles containing a HPI player, copying the code for your HPI Player and embedding it (or directing others to embed it) anywhere other than your band profile on HPI;
13.26 using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
13.27 selling or otherwise transferring your profile;
13.28 using any information obtained from the HPI services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
13.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the HPI services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8″ friends, or sending private messages with a commercial purpose; or
13.30 using the HPI services in a manner inconsistent with any and all applicable laws and regulations.
14. Protecting Copyrights and Other Intellectual Property.
14. Disclaimer Regarding Accuracy of Vendor Information
We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
15. Governing Jurisdiction of the Courts Florida.
16. Compliance with Laws.
17. Copyright and Trademark Information
Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business or Henderson At Crystal Beach, LLC.
18. Notification of Claimed Copyright Infringement
19. User Supplied Content
20. Other Terms
HPI asks for some personal information when contact, including your email address and a possibly password, which is used to protect your account from unauthorized access. When you use HPI’s web site or services servers automatically records and log non-personal information. You may choose to submit additional information in order to personalize your contact information (such as a zip code, phone number, etc.). HPI does not record or maintain any of your credit card or bank account information. Any respond to a HPI request for your email address is an approval (or opt “IN” selection) allowing HPI, its affiliates, and assigns permission to send you communications and advertisements.
HPI maintains and processes personal information in order to provide your personalized services and communication(s). HPI only shares active opt IN subscribers with affiliates and assigns.
You can terminate your HPI account at any time by opting “OUT” to each specific emailing or by contacting info@HendersonParkInn.com.
For more information please contact HPI by mail at Henderson Park Inn, 2700 Scenic Highway 98, Destin, FL 32541 or by email to: info@HendersonParkInn.com.