1. User Agreement
Baiduhotel.com is owned and operated by RJV International, Inc. ("RJVI"). This Agreement constitutes a legal agreement between you (the user of Baiduhotel.com, hereinafter referred to as "the Site" or "the Website") and us ("Baiduhotel.com") and governs your use of the Site. By accessing the Site, you agree to all terms and conditions in this Agreement. Should you not agree with the terms and conditions set forth in this Agreement, you may not access the Baiduhotel.com website.
We may choose to revise this Agreement at any time, and your access and/or use of the Website constitutes your continued acceptance of all terms, conditions, and notices that are effective as of the date and time you use or access the Site.
2. Privacy Policy
Please refer to Baiduhotel.com's Privacy Policy for information on how Baiduhotel.com collects, uses and discloses personal information from its users.Privacy Policy
3.
Minors/Children
Baiduhotel.com is not intended for the use of anyone under 18 years of age. As a condition of your access and/or use of this Website, you warrant that you are 18 years old or older, and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not authorized to access and/or use any information, products, or services on the Site.
4. Content
This Website is designed solely for the purpose of providing comparison information on listed hotels. It is not intended to be used as a means of hotel reservations. You agree to abide by all terms and conditions of any service or product provider you contact or access through this Site.
Baiduhotel.com provides various services to assist you in comparison shopping for hotels and other products. We provide information regarding products and third party merchants, and links to third party merchants. Payment is made to Baiduhotel.com by merchants or other third parties to list products on the Site. The products listed on the Baiduhotel.com are sold by third party merchants, and Baiduhotel.com does not sell, resell or license any products or services listed on the Site, nor is Baiduhotel.com acting as an agent of sale for such products or services. Baiduhotel.com disclaims any responsibility for, or liability related to, such products and/or services. Any concerns, questions, complaints or claims relating to such products and/or services should be directed to the appropriate merchant or seller.
5. Registration Data; Account Security
To obtain some specific Services ("the Services"), you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify Baiduhotel.com of any unauthorized use of your ID or password or any other breach of security. Baiduhotel.com cannot and will not be liable for any loss or damage arising from your failure to do so.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data")
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Baiduhotel.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Baiduhotel.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
6. User Conduct
Without limitation, Baiduhotel.com reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. You shall not use any portion of the Services for posting, emailing, transmitting or otherwise making available messages that are unlawful, infringe on another's intellectualproperty rights, or are harmful to minors in any way.
2. You shall not attempt to interfere with any other person's use of the Services.
3. You shall not misrepresent your identity or impersonate any person.
4. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the Baiduhotel.com site.
5. You shall not use any portion of the Services for posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
6. You shall not use any portion of the Services for posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar,obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
7. You shall not attempt to gain unauthorized access to Baiduhotel.com's database or other computer systems.
8. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Baiduhotel.com in connection with the Baiduhotel.com website or the Services.
9. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Baiduhotel.com website.
10.You shall not use the Services to artificially inflate or alter the "comp count," comments, or reviews including by way of creating separate user accounts for the purpose of altering the Services, or participating in any other organized effort that in any way artificially alters the results of the Services.
11.You shall not use any portion of the Baiduhotel.com website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Baiduhotel.com.
7. Product and Service Reviews
To the extent that the Services provide users or other third parties an opportunity to submit reviews, comments and submissions for display on the Site ("Postings") about various products and services, such as Baiduhotel.com hotel reviews, ("Review(s)"), please be advised that such Postings do not necessarily reflect the views of Baiduhotel.com. In no event shall Baiduhotel.com assume or have any responsibility or liability for any Review appearing on the Site, including those provided by any user or any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site.
By posting or submitting a Review, you hereby represent and warrant that any Review you provide shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful information. You further represent and warrant that all information contained in such Review is accurate, that use of any Review you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify Baiduhotel.com or its affiliates for all claims resulting from any Review you supply.
By posting or submitting any Review, you automatically grant to Baiduhotel.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Review throughout the world in any media. Baiduhotel.com has the right but not the obligation to monitor or edit or remove any Review or any portion thereof at any time in its sole discretion.
You acknowledge that Baiduhotel.com may establish limits concerning use of the Reviews, including the maximum number of days that Postings will be retained by the Site and the maximum number and size of Reviews that may be transmitted or stored by the Site. You agree that Baiduhotel.com has no responsibility or liability for the deletion, or failure to store, any Reviews maintained or transmitted by the Site.
8. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Baiduhotel.com has adopted a policy of terminating, in appropriate circumstances and at Baiduhotel.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Baiduhotel.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Disclaimer of Liability
Baiduhotel.com makes every effort to ensure that information provided on the Site is correct. However, we do not warrant that information including, but not limited to, room rates, hotel descriptions and photographs, hotel amenities, pricing, hotel reviews, editorial commentary, or any other content of the Site, regardless of its source, is accurate, current, or complete. Baiduhotel.com provides content for informational purposes only and the inclusion of that content does not constitute an endorsement by Baiduhotel.com of any product, merchant, seller or service.
The information, software, products, and services published on the Site, including, without limitation, text, graphics, links, or any information or materials obtained or accessed through or from Baiduhotel.com are provided "as is," "with all faults," "as available," and with no warranties whatsoever. Baiduhotel.com herein disclaims to the fullest extent permitted by law any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
YOU AGREE THAT YOUR USE OF BAIDUHOTEL.COM WEBSITE IS ENTIRELY AT YOUR OWN RISK.
The hotels and other suppliers listed on the Site are independent contractors and not agents or employees of Baiduhotel.com or its affiliates. Baiduhotel.com and it’s affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from the use of said suppliers. RJVI and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, act of nature, or other cause beyond their direct control and they have no responsibility for any additional expense incurred by users of the Site based on, but not limited to, omissions, delays, re-routing, or acts of any government or authority.
IF YOU ARE DISSATISFIED WITH THE BAIDUHOTEL.COM WEBSITE OR SERVICE OR ANY PART OF THE BAIDUHOTEL.COM WEBSITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
In no event shall RJVI, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in way connected with, the use of the Baiduhotel.com website or with the delay or inability to use the Website, or for any information, software, products, and/or services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if Baiduhotel.com, it’s affiliates, and/or their respective suppliers have been advised of the possibility of damages.
Because travel to various destinations throughout the world can be dangerous or even life-threatening, you should not rely on any such information in situations where its inaccuracy would cause you to suffer any loss. Baiduhotel.com assumes no liability for inaccuracy or incompleteness in any content on the Site, including, but not limited to search results, room rates, hotel reviews, and editorial content. Baiduhotel.com also does not assume any liability for inaccuracy or incompleteness in any content on third party sites you access from Baiduhotel.com. We urge you to review travel prohibitions, warnings, and advisories issued by the United States Government before considering travel to international destinations. Information on restrictions and developments in various countries and the risks regarding travel to particular international destinations can be found at http://www.state.gov,http://www.tsa.gov,http://www.faa.gov,http://www.cdc.gov, and http://www.customs.gov.
By listing any hotel or destination, Baiduhotel.com does not warrant that travel to such destinations is without risk. Baiduhotel.com is not liable for any loss or damage - physical, property, or otherwise - that may arise from travel to any location chosen by accessing this Site.
10. Links to Third Party Websites
Baiduhotel.com provides links to websites operated by parties and merchants other than RJVI. However, those links are offered for your convenience only, and Baiduhotel.com is not responsible for their content or your use of them. We do not endorse the content of any of the websites listed on Baiduhotel.com, whether with links or without.
11. Indemnification
You agree to hold harmless and indemnify Baiduhotel.com, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Baiduhotel.com website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. Baiduhotel.com reserves the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by RJVI with respect to your use of the Site. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and RJVI as a result of this agreement or use of the Site.
11. Disputes
Any controversy or claim arising out of or relating to this Agreement, RJVI, Baiduhotel.com, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bergen County, New Jersey, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Baiduhotel.com may seek any interim or preliminary relief from a court of competent jurisdiction in Bergen County, New Jersey necessary to protect the rights or property of you or Baiduhotel.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
If there is a dispute between users on this site, or any third party, Baiduhotel.com is under no obligation to become involved. In the event that the user has a dispute with one or more members, user hereby releases RJVI, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
12.Copyrights
All contents of the Baiduhotel.com website are copyrighted © 2007 Baiduhotel.com. All rights reserved. As a condition of your access and/or use of the Site or any information, data or images from the Site, you warrant and represent to us that you will not use the Site or its information, images or data for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Site.
Baiduhotel.com makes every effort to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Baiduhotel.com site, including a URL; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13. Agreement
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Baiduhotel.com with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RJVI with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.