Terms of Service

We appreciate hearing from you. By using and/or visiting Waikiki Parc Hotel website(s) (the "Website") collectively, you agree (1) to be bound by these Terms of Use (collectively, "Terms of Service"), and (2) Waikiki Parc Hotel's Privacy Policy. Please be aware that by contributing to this Website by electronic mail, postings on this Website, or otherwise, including photos, reviews, testimonials, comments, suggestions, ideas, or any similar submissions, (collectively, "User Generated Content"), you are agreeing to the Terms of Service of Waikiki Parc Hotel. These Terms of Service govern your access to and use of Waikiki Parc Hotel's website(s) that link to or reference these Terms of Service. By accessing or using the Website, you are agreeing to these Terms of Service and concluding a legally binding contract with Waikiki Parc Hotel. Do not access or use this Website if you are unwilling or unable to be bound to the Terms of Service.

1. DEFINITIONS
   
   1. Parties
      "You" and "your" refer to you, as a user of the Website. A "user" is someone who submits, contributes, posts, accesses, browses, crawls, scrapes, or in any way uses the Website. "We", "us", and "our" refer to Waikiki Parc Hotel.
      
   2. Content
      "Content" refers to any text, image, photo, audio, video, location data, and all other forms of data or communication. The Website's Photo Galleries and Interactive Features are intended to pique user interest in Waikiki Parc Hotel by illustrating our many unique resources. Contributing to the Website is encouraged if the User's motives are in accord with this purpose. "Your Content" refers to Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, comments, invitations, messages and information that you publicly display or displayed in your account profile. "User Generated Content" means Content that users submit or transmit to, through, or in connection with the Website.
      
   
   
2. CHANGES TO THE TERMS OF SERVICE
   The Terms of Service are subject to change by Waikiki Parc Hotel at any time, effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes.
   
3. TRANSLATION
   We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Waikiki Parc Hotel, and any inconsistencies among the different versions will by resolved in favor of the English version.
   
4. CONTENT
   
   1. Responsibility for Your Content
      You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
      
      The Website may contain discussion forums, bulletin boards, review services, or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials, or other items on the Website. By posting, uploading, contributing or otherwise making available to Waikiki Parc Hotel User Generated Content, you represent and warrant that; (a) you are at least the age of majority in the state in which you reside and are the parent or legal guardian of any minor who is depicted in or contributed to any User Generated Content; (b) you are the sole author and owner of the intellectual property rights thereto; or have a lawful right to submit, display, upload or post such User Generated Content, without the consent of any third party and without creating any obligations or liabilities on the part of Waikiki Parc Hotel or its licensees or assigns to any party as a result thereof; (c) all "moral rights" that you or any other parties may have in shall have no attribution or integrity obligations with respect to the User Generated Content; (d) all such User Generated Content is accurate; and (e) such User Generated Content shall not violate this Terms of Service, any guidelines outlined on this Website in connection therewith, or cause injury or harm to any person or infringe upon any third party rights. You also agree not to post, upload or otherwise make available to this Website User Generated Content that (A) is false, deceptive, misleading, or deceitful (B) violates the user restrictions, (C) includes any personally identifiable information about another person without that person's consent; (D) infringes another party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or other rights; (E) 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) or encourages conduct that constitutes a criminal offense or may result in civil liability; (F) contains any viruses, Easter eggs, worms, bots, Trojan horses or potentially damaging computer programs, code, malware or files; (G) is unlawful, libelous, defamatory, obscene, pornographic, idecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable; or (H) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Waikiki Parc Hotel.
      
      
      
   2. Our Right to Use Your Content
      We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, transferrable rights to user Your Content for any purpose. You also irrevocably waive, and cause to be waived, against Waikiki Parc Hotel and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, reproduce, publish, transmit, modify, adapt, sell, and create derivative works of Your Content. You acknowledge and agree that User Generated Content are non-confidential and non-proprietary.
      
   3. Other
      We reserve the right to remove, screen, edit or reinstate User Generated Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Terms of Service. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. Since Waikiki Parc Hotel is a family-friendly site, we reserve the right to reject unsuitable or pornographic images.
      
   
   
5. RESTRICTIONS
   
   1. You agree not to, and will not assist or enable others to use the Website to:
      
      1. Violate our Terms of Service, for example, by writing a fake or defamatory review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
      2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      3. Threaten, stalk, harm or harass others, or promote bigotry or discrimination;
      4. Promote a business or other commercial venture or event; or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by Waikiki Parc Hotel;
      5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
      6. Solicit personal information from minors, or submit or transmit pornography; or
      7. Violate any applicable law
      8. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of publicly display, sell, trade, or in any way exploit the Website or Site Content (other than Your Content), except as expressly authorized by Waikiki Parc;
      9. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Site Content;
      10. Reverse engineer any portion of the Website;
      11. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Website;
      12. Record, process or mine information about other users;
      13. Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
      14. Reformat or frame any portion of the Website;
      15. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Waikiki Parc Hotel's technology infrastructure or otherwise make excessive traffic demands of the Service;
      16. Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
      17. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Service.
      
      
   
   
6. INDEMNITY
   You agree to indemnify and hold Waikiki Parc Hotel, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to the arising out of (i) your access to or the use of the Website , (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Waikiki Parc Hotel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Waikiki Parc Hotel. Waikiki Parc Hotel will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
   
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
   PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF WAIKIKI PARC HOTEL AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, "THE WAIKIKI PARC HOTEL ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
   
   1. THE WEBSITE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK
   2. THE WAIKIKI PARC HOTEL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE WAIKIKI ENTITITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
   3. THE WAIKIKI PARC HOTEL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS OR THE SAFETY OR SECURITY OF THE WEBSITE. ACCORDINGLY, THE WAIKIKI PARC HOTEL ENTITITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS OR THE SAFETY AND SECURITY OF THE WEBSITE.
   
   
   
8. GENERAL TERMS
   
   2. We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability.
   3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Website.
   4. Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
   5. The Terms of Service contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
   6. Any failure on Waikiki Parc Hotel's part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respet any right provided for herein shall not be deemed a waiver of any further rights hereunder.
   7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
   8. The Terms of Service are not assignable, transferrable or sublicensable by you except with Waikiki Parc Hotel's written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
   9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.