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TERMS AND CONDITIONS
Legal
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEB SITE IMMEDIATELY.
COPYRIGHT © 1996 - 2002 PEABODY MANAGEMENT, INC. ALL RIGHTS RESERVED.
COPYRIGHT NOTICE and LIMITATIONS ON USE
All of the information, content and related graphics within this internet
site (collectively, the "Content") are protected by copyright and other
intellectual property laws. The Content is owned by The Peabody Orlando
Hotel, Peabody Management, Inc. and/or its affiliated companies ("Peabody").
The Content is intended for personal use only. While you may interact with
or download a single copy of any portion of the Content for your personal,
noncommercial information, entertainment or use, you may not reproduce, sell,
publish, distribute, modify, display, repost or otherwise use any portion
of the Content in any other way or for any other purpose without the written
consent of Peabody. Requests for use of the Content for any purpose other
than personal, noncommercial use should be directed to
mgonzalez@peabodyorlando.com.
TRADEMARKS
The Content includes certain trademarks, trade names, service marks and
logos owned by Peabody Management, Inc. and its affiliated companies,
as well as its licensors, suppliers and other information providers.
These include but are not limited to the registered marks "The Peabody,"
"The Peabody (Stylized)," the "Three Ducks Logo," "PHG," "DUX," and
"B-Line Diner," as well as the marks "Only 5-Duck Meeting Hotel,"
"Capriccio Grill"," "The Legend of the Ducks," "Duck Master," and The
Peabody Duck March event (including all elements, costumes and motion
incorporated therein). By using this web site you agree not to copy,
use or otherwise infringe upon these trademarks or service marks. You
further agree that you will not alter or remove any trademark,
copyright or other notice from any copies of the Content.
SUBMISSIONS
All information submitted to Peabody via this site shall be deemed and
will remain the property of Peabody. Please note that Peabody does not
want to receive confidential or proprietary information through our web
site and that any information or material sent to Peabody will be
considered and treated as NOT confidential. By sending us any information
or material, you grant Peabody an unrestricted, royalty-free, perpetual,
irrevocable license to use, copy, modify, display, distribute, and transmit
those materials and information in any medium, software or technology of
any kind now existing or developed in the future. You also agree that
Peabody is free to use any ideas, concepts, know-how or techniques that
you send us for any purpose.
Peabody shall not be subject to any obligations of confidentiality regarding
submitted information except as specifically agreed to in writing by Peabody
or as required by law.
LINKS
This site may contain links to web sites controlled or offered by third
parties (Peabody Hotel Group and non-affiliates of Peabody). Peabody hereby
disclaims liability for any information, materials, products or services
posted or offered at any of the third-party sites linked to this web site.
By creating a link to a third party web site, Peabody does not endorse or
recommend any products or services offered or information contained at that
web site, nor is Peabody liable for any failure of products or services
offered or advertised at those sites. Such third party may have a privacy
policy that differs from that of Peabody and the third party web site may
provide less security than the Peabody site.
If you operate a web site and wish to link to peabodyorlando.com, you must
link to the site's home page unless permission otherwise has been granted
in writing by Peabody, which reserves the right to reject or terminate any
links to the web site.
COPYRIGHTS AND COPYRIGHT AGENTS
It is the policy of Peabody to respond to claims of intellectual property
infringement. Peabody will promptly process and investigate notices of
alleged infringement including those relating to this site, and will take
appropriate actions under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512(c)(2) ("DMCA") and other applicable
intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should
be sent to a Service Provider's Designated Agent. Notification must be submitted
to the following Designated Agent for these sites:
Peabody Management, Inc.
General Counsel
5118 Park Avenue, Suite 245
Memphis, TN 38117
USA
Phone: (901) 762-5444
Fax: (901) 762-5464
Email: mmangum@phg.net
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE." PEABODY DOES NOT
WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS
AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND
MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS,
IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
GENERAL DISCLAIMER and LIMITATION OF LIABILITY
YOU MAY USE THIS SITE ONLY AT YOUR OWN RISK. IN NO EVENT WILL PEABODY BE LIABLE
FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION
WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY
PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR
LINE OR SYSTEM FAILURE, EVEN IF PEABODY, OR REPRESENTATIVES THEREOF, ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
MISCELLANEOUS
Peabody reserves the right at our discretion to change these Terms and Conditions,
and will notify users of any such changes by on-line postings. Your continued use
of the web site after the posting of any amended Terms and Conditions shall constitute
your agreement to be bound by any such changes. Peabody may modify, suspend, discontinue
or restrict the use of any portion of the site, including the availability of any portion
of the Content at any time, without notice or liability.
AVAILABILITY
This site is not intended for distribution to, or use by, any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
local law or regulation.
GOVERNING LAW
Use of this site shall be governed by and construed in accordance with all applicable
Federal laws of the United States of America and the laws of the State of Tennessee,
without regard to its conflicts of law provisions. You hereby agree that any cause of
action you may have with respect to the web site must be filed in the federal or state
courts located in Shelby County, Tennessee, within one year after the cause of action
arises or the cause is barred.
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