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| CUSTOMER AGREEMENT
PLEASE READ THIS USER AGREEMENT AND TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
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If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any rights not expressly granted herein are reserved. |
| 1. OWNERSHIP. This site, and each of its modules, together with
the arrangement and compilation of the content found on this site, is the
copyrighted property of TEE.COMand/or its various third party providers
and distributors. Much of the content found on this site is owned by third
party providers and distributors and other information providers. In addition,
the trademarks, logos and service marks displayed on this site (collectively,
the "Trademarks") are registered and common law Trademarks of TEE.COM,
its affiliates, and various third parties. Nothing contained on this site
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of the Trademarks without the written permission
of TEE.COM, or such other party that may own the Trademarks.
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| 2. USE OF SITE.TEE.COM grants you a limited, non-transferable
license to use this site in accordance with the terms and conditions of
this User Agreement. You may only use this site to make legitimate reservations
or purchases and shall not use this site for any other purposes, including
without limitation, to make any speculative, false or fraudulent reservation
or any reservation in anticipation of demand. This site and the content
provided in this site, including the text, graphics, button icons, ASP code,
SQL data (including schemas, tables, stored procedures, objects), data compilations
and software, may not be copied, reproduced, republished, uploaded, posted,
transmitted or distributed without the written permission of TEE.COM,
and/or its third party providers and distributors, except that you may download,
display and print the materials presented on this site for your personal,
non-commercial use only. You may not use any "robot," "spider" or other
automatic device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any
of the Web pages, data or content found on this site, in any case without
the prior written permission of TEE.COM. You agree that you will
not transmit or otherwise transfer any Web pages, data or content found
on this site to any other computer, server, Web site, or other medium for
mass distribution or for use in any commercial enterprise. You agree that
you will not use any device, software or routine to interfere or attempt
to interfere with the proper working of this site. You agree that you will
not take any action that imposes a burden or load on our infrastructure
that TEE.COM deems in its sole discretion to be unreasonable or disproportionate
to the benefits TEE.COM obtains from your use of the site. Unauthorized
use of this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or other
laws. You must retain all copyright and trademark notices, including any
other proprietary notices, contained in the materials, and you must not
alter, obscure or obliterate any of such notices. The use of such materials
on any other Web site or in any environment of networked computers is prohibited.
You are prohibited from posting or transmitting any unlawful, threatening,
libellous, defamatory, obscene, indecent, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offence, give rise to civil liability,
or otherwise violate any law. In addition, you are prohibited from posting
or transmitting any information which (a) infringes the rights of others
or violates their privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the express written permission
of the owner of such right, (c) contains a virus, bug or other harmful item,
or (d) is used to unlawfully collude against another person in restraint
of trade or competition. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site.
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3. AGE AND RESPONSIBILITY. If you use this site, you are responsible for maintaining the confidentiality of your account
information and your password. You agree to accept responsibility for all activities that occur under your account or password.
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you
may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by
you and those using your login information.
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| 4. PRIVACY. You have read the TEE.COM Privacy Policy, the
terms of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal information
by TEE.COM and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the TEE.COM Privacy
Policy.
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| 5. REVIEW OF TRANSMISSIONS. TEE.COM may, from time to time
monitor and review any information transmitted or received through this
site and reserves the right to censor, edit, remove or prohibit the transmission
or receipt of any information that TEE.COM deems inappropriate or
in violation of these terms and conditions. During monitoring, the information
may be examined, recorded or copied, and your use of this site constitutes
your consent to such monitoring and review. You agree that if you submit
suggestions, ideas, comments or questions or post any other information
on this site, you grant TEE.COM and its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicenseable right to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute and display such content in any form, media or technology.TEE.COM
takes no responsibility and assumes no liability for any content posted
or submitted by you.
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| 6. EXCLUSION OF WARRANTY.TEE.COM AND ANY THIRD PARTY PROVIDERS
AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR
ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS
IS" BASIS. TEE.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS
DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY
OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE. NEITHER TEE.COM NOR ANY THIRD PARTY PROVIDERS
OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM
TEE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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| 7. LIMITATION OF LIABILITY. TEE.COM ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL TEE.COM
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY
USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING,
BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS
SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE
BY TEE.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES
OR ANY OTHER PARTY. If, notwithstanding the foregoing, TEE.COM or
any third party provider or distributor should be found liable for any loss
or damage which arises out of or is in any way connected with any of the
above described functions or uses of this site or its content, the liability
of TEE.COM and the third party providers and distributors shall in
no event exceed, in the aggregate, the greater of (a) the subscription fee
and service charge for accessing this site, or (b) €100.00. In its sole
discretion, in addition to any other rights or remedies available to TEE.COM
and without any liability whatsoever,TEE.COM com at any time and
without notice may terminate or restrict your access to any component of
this site.
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| 8. INDEMNIFICATION. You shall defend and indemnify TEE.COM
and any third party providers and distributors and their officers, directors,
employees and agents from and against any claim, cause of action or demand,
including without limitation reasonable legal and accounting fees, brought
by or on your behalf in excess of the liability described herein or by third
parties as a result of your use of this site.
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| 9. LINKS. This site contains links to other Web sites which are
provided solely as a convenience to you and not as an endorsement by TEE.COM,
its third party providers or distributors of the contents of such other
Web sites. None of TEE.COM or any third party provider or distributor
shall be responsible for the content of any other Web sites and make no
representation or warranty regarding any other Web sites or the contents
or materials on such Web sites. If you decide to access other Web sites,
you do so at your own risk.
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| 10. RELATIONSHIP. The relationship between TEE.COM and
you will be that of independent contractors, and neither of us nor any of
our respective officers, agents or employees will be held or construed to
be partners, joint ventures, fiduciaries, employees or agents of the other.
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11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of Scotland, without regard to its
conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state located in Edinburgh in all questions
and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or
cause of action arising from or relating to your access or use of this site must be brought within twelve months from the date on
which such claim or action arose or accrued.
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| 12. ATTORNEY'S FEES. If TEE.COM or its affiliates take
any action to enforce this User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which such parties
may be entitled.
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| 13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions will
cause such damage to TEE.COM as will be irreparable, the exact amount
of which would be difficult to ascertain and for which there will be no
adequate remedy at law. Accordingly, you agree that TEE.COM shall
be entitled as a matter of right to an injunction issued by any court of
competent jurisdiction, restraining such violation or attempted violation
of these terms and conditions by You, or Your affiliates, partners, or agents,
as well as recover from You any and all costs and expenses sustained or
incurred by TEE.COM in obtaining such an injunction, including, without
limitation, reasonable attorney's fees. You agree that no bond or other
security shall be required in connection with such injunction.
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| 14. TERMINATION. TEE.COM may terminate this User Agreement
and these terms and conditions and/or the provision of any of the services
at any time for any reason, including any improper use of this site or your
failure to comply with these terms and conditions. Such termination shall
not effect any right to relief to which TEE.COM and its third party
providers and distributors may be entitled, at law or in equity. Upon termination
of this User Agreement and these terms and conditions, all rights granted
to you will terminate and revert to TEE.COM and its third party providers
or distributors, as applicable.
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15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
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| 16. MODIFICATION. TEE.COM may at any time modify these
terms and conditions and your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your use.
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17. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and
other uses of portions of this site, and you agree to abide by such other terms and conditions.
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18. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined
to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law,
and such determination shall not affect the validity and enforceability of any other remaining provisions.
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19. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise
affect the terms and conditions herein.
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20. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to
herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by
making such amendments or modifications available on this site.
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