These terms and conditions (“Terms & Conditions”) apply to all websites
(each a “Site”) of the hotel brands owned and licensed by The Hotel Castro
and its affiliates (“The Hotel Castro,” “us,” “we,” “our”).
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE
OBTAINING OR USING ANY MATERIALS, PRODUCTS, SERVICES OR
INFORMATION THROUGH THE SITE. BY ACCESSING THE SITE, YOU
AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL
OF THE TERMS & CONDITIONS. We reserve the right to amend any
section of the Terms & Conditions without notice by posting an amended
statement on the Site. Your continued access or use of the Site means that
you accept and agree to the revised Terms & Conditions. Please exit the
Site immediately if you do not accept these Terms & Conditions (as
amended from time to time).
The services of the Site are not intended for and should not be used by
minors. You may only use the services of this Site if you are at least 18
years of age and can form legally binding contracts under applicable law.
Additional terms and conditions may apply to reservations, transactions,
purchases, activities, or uses that may occur on or through this Site. You
agree to comply with these Terms & Conditions and any applicable
additional terms and conditions. Accounts / Passwords We may enable you
to establish an account with a username and password to access and use
the certain areas of the Site, and other services. You are responsible for
preserving the confidentiality of your passwords, log-in, and account
information. You will be financially accountable for all uses of the Site by you
and/or by any third party using your account information. You agree to (a)
immediately notify us of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. It is your sole responsibility to control
the dissemination and use of your password, control access to and use of
your account, and notify us when you desire to cancel your account. We will
not be responsible or liable for any loss or damage arising from your failure
to comply with this provision.
If available, the storage of payment card information on the site is optional
unless a guest opts for a pre-check in, in which case the storage of such
information is mandatory. It is not required to use the Site. Saving payment
card information may expedite your future reservation process. Payment
card information may be maintained until (and after) the expiration date of
the payment card and you will be responsible for updating any payment card
information that you provide. You acknowledge that The Hotel Castro may
communicate this information to facilitate reservations or as requested by
you, including through applications on any device that you use to interact
with The Hotel Castro.
The Hotel Castro allows you to purchase certain merchandise via its Site. In
order to make purchases, you must be 18 years of age. You may elect to
create an account with us to facilitate future orders. If you create an
account, you are responsible for all use of your account and all activity
under your account.
To make purchases through our Site, you submit your name, payment card
information, and billing address. All payment card information is provided
directly to our third-party service provider, Shopify. Purchases must be
made by credit or debit card. Information about our collection and use of
payment-related information is described in our Privacy Policy. If the credit
or debit card information that you submit is incorrect or invalid, your
payment will not be processed and your order will not be completed. Sales
tax and shipping and handling fees will be calculated and collected at the
time of purchase.
All orders are subject to acceptance by The Hotel Castro as quantities may
be limited. There may be certain orders that we cannot accept and must
cancel. In our sole discretion, we may refuse or cancel any order for any
reason as permitted by applicable law. We will not ship any orders outside
of the continental United States. If your order is incomplete or incorrect upon
delivery, please notify us immediately. Any claims regarding order issues
must be submitted within five (5) business days of your receipt of the
shipment.
The Site may provide or display information relating to specific programs,
offers, or promotions (“Promotional Offers”). Any such Promotional Offer is
subject to its specific terms, conditions and restrictions. Please read
carefully and refer to the terms, conditions and restrictions of each
Promotional Offer. The Hotel Castro reserves the right to alter or withdraw
any such Promotional Offer at any time without notice. Each Promotional
Offer is void where prohibited by law.
The Site may contain links to third party websites. The Hotel Castro
provides these links solely for your convenience. The inclusion of these links
in no way indicates The Hotel Castro’s endorsement, approval, or support of
such site’s content, products, services, or operators. We undertake no
obligation to monitor or review any sites linked to or from the Site. Your use
of any such site is subject to the terms and conditions of such sites and at
your own risk and. We are not responsible for the practices, services,
products, or content of third party sites. Additionally, you agree not to link
your site or any other third party site to the Sites without express prior
written consent of The Hotel Castro. In addition, certain actions on the Site
may result in specific advertising from third parties, including information
that may be displayed in other windows or in third party sites.
The Site may contain typographical, technical inaccuracies, or other errors
in connection with information displayed on the Site, including, but not
limited to, fees, rates, or availability applicable to your transaction. The Hotel
Castro assumes no responsibility or liability for such inaccuracies, errors, or
omissions. The Hotel Castro reserves the right not to honor reservations or
information affected by such inaccuracies, errors, or omissions. The Hotel
Castro reserves the right to make corrections, changes, cancellations,
and/or improvements to such information or reservations based on such
information, at any time, including after a reservation is confirmed.
The Hotel Castro assumes no responsibility or liability for communication
errors, difficulties, failures, or other malfunctions or lost, stolen, or
misdirected transmissions, transactions, entries, or messages on or in
connection with the Site. The Hotel Castro is not responsible for any
incorrect information associated with any transmission or transaction to or
on the Site regardless of whether such incident is the result of system error,
user error, or human error.
The Site is available to anyone with Internet access. The Site may become
unavailable due to maintenance or repairs or due to computer malfunctions,
crashes, disruption in Internet service or other unforeseen circumstances. A
reference to a product or service on the Site does not imply that such
product or service is or will be available in your location. The content on the
Site, including advertising content, is intended for use and display only
where permissible in accordance with applicable laws and regulations. Each
product or service is void where prohibited by law.
Any commercial use of this Site is strictly prohibited unless you have
obtained express prior written consent from The Hotel Castro. You may not
use this Site to post or transmit any unlawful, threatening, libelous,
infringing, defamatory, indecent, inflammatory, obscene, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law, or for any other purpose that is unlawful or
prohibited by these Terms & Conditions. You agree that you will not (a)
interfere or disrupt the Site, (b) use or attempt to use any robot, spider,
automatic device, or automatic or manual process to monitor or copy the
Site without The Hotel Castro’s prior express written consent, (c) use any
device, software, or other instrument to monitor, copy, interfere with, or
attempt to interfere with this Site, its content, or its operation without The
Hotel Castro’s prior express written consent, or (d) use, place, or distribute
any viruses, worms, time bombs, and/or other computer programming
routines that damage, disrupt, intercept, or harm (or intend to do any of the
preceding) the Site, including the underlying hardware, software, systems,
and any users of the Site or their devices.
Certain pages on this Site and certain independent sites affiliated with The
Hotel Castro or an affiliate, may contain information about specific offers
associated with The Hotel Castro or its affiliates. WITH RESPECT TO
SUCH PAGES AND SITES, MATERIALS ON SUCH PAGES AND SITES
DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND,
NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE
AN OFFER IN ANY STATE OR COUNTRY IN WHICH THE HOTEL
CASTRO OR THE APPROPRIATE DEVELOPER OF A PROJECT, HAS
NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
By responding with #sharemy1pic, or other express written permission for
the use of your content by The Hotel Castro, you agree to the following
terms:
You hereby grant to The Hotel Castro, its affiliates and related entities a
perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to
publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and
sublicense your Facebook, Instagram or Twitter photograph(s) that have
been tagged with #thehotelcastro otherwise been mutually agreed upon
between you and The Hotel Castro(“Photos”), or any portion of your Photos,
in any manner in its sole discretion, including but not limited to on its
webpages or in its marketing and advertising materials. You hereby
represent and warrant that: (a) you own all rights in and to your Photos; (b)
you have permission from any person(s) appearing in your Photos to grant
the rights herein; (c) you are not a minor; and (d) The Hotel Castro’s use of
your Facebook, Instagram or Twitter handle or Photos will not violate the
rights of any third party or any law. You hereby release, discharge and
agree to hold harmless The Hotel Castro and any person acting on its behalf
from any liability related in any way to The Hotel Castro’s use of your
Facebook, Instagram or Twitter handle or your Photos.
The U.S. mobile operators are not liable for delayed or undelivered
messages. Please note message and data rates may apply. SMS text
messages are intended to be a reasonable effort communication and
represent just one component of The Hotel Castro communication system.
SMS text message notifications may be delayed or not received during
regional emergencies or other periods of high messaging traffic. Third
parties can send SMS text messages disguised as alerts from The Hotel
Castro and therefore you are urged to independently verify the authenticity
of any message that you receive. SMS text message notification from The
Hotel Castro will be presented on your mobile device in the same manner as
any other SMS text messages. SMS text messages may contain or
reference trademarks or other proprietary rights of The Hotel Castro or its
affiliates. No license to or right in any such trademarks and other proprietary
rights of The Hotel Castro and/or other parties is granted to or conferred
upon you. To the maximum extent permitted by law, all information
contained in SMS text messages is provided “as is” without warranty of any
kind, either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or noninfringement. To the maximum extent permitted by law, we expressly
exclude any liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with the receipt, use, failure of, or
inability to use, SMS text messages.
Unless otherwise noted, all content on this Site is the copyrighted property
of The Hotel Castro, its affiliates, or licensors. All content of this Site is
protected by United States copyright laws as well as the applicable laws of
other jurisdictions.
Unless expressly stated otherwise, the content included on the Site,
including, but not limited to text, software, photographs, graphics, images,
artwork, illustrations, video, sound, music, names, logos, trademarks and
service marks, are the property of The Hotel Castro or its licensors or
suppliers. This content is protected by copyright, trademark and other laws.
No right, title, or interest to the content is granted by your use of the Site,
other than a right to review the content using a standard Internet browser to
conduct customary web browsing. All other uses, including making copies of
any content on the Site, are strictly prohibited. Except for non-commercial
individual private use, the downloading, retransmission, or reproduction of
the Site (or any part of its content) is strictly prohibited. You may not modify,
reproduce, distribute, retransmit, disseminate, sell, publish, circulate or
broadcast any material for any purpose other than personal, noncommercial use (or legitimate activities of a travel agent or travel
professional) without The Hotel Castro’s express written consent.
The Hotel Castro, Stay Stylish and other related marks used on the Site and
all derivatives thereof, are trademarks of The Hotel Castro and its affiliates.
The use of the ® symbol (if used) designates marks that are registered with
the U.S. Patent and Trademark Office, and such marks may also be
registered with the trademark offices of certain other countries. Those marks
and related names, trademarks, designs, logos, and trade dress shown on
the Site are owned by The Hotel Castro (or its affiliates) and protected by
the trademark laws of the United States and other jurisdictions whether or
not the ® symbol is, or is not, used.
Unless specifically requested, we do not solicit nor do we wish to receive
any confidential, secret or proprietary information or other material from you
through the Site, any of its services, by email, or in any other way. Any
information or material submitted by you, and which has not been
specifically requested by us, such as questions, comments, searches, and suggestions, will be deemed not to be confidential, secret or proprietary.
You agree that any information or materials submitted by you to the Site,
whether ideas, creative concepts or other materials, in any format, including,
but not limited to, writings, images, illustrations, audio recordings, and video
recordings, may be used, reproduced and disclosed by us without restriction
for whatever purpose we deem fit and without payment of any sum or
acknowledgement of you as their source. You also warrant that any “moral
rights” in posted materials have been irrevocably waived by the appropriate
authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE
SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH
MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This
paragraph does not affect any rights you may have under data privacy laws
that protect your personal information or similar privacy laws, to the extent
that such rights cannot be excluded
The Hotel Castro respects the intellectual property rights of third parties.
The Hotel Castro responds to notices of alleged copyright infringement
according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. §
512 et seq. Whether or not The Hotel Castro believes it is liable for any
copyright infringement for which it is provided notice, The Hotel Castro’s
acknowledgment may include removing or disabling access to material
claimed to be the subject of infringing activity and/or terminating an
individual’s access to the Site, at The Hotel Castro’s discretion and
operating within the guidelines of the DMCA.
In addition to any other rights or remedies available to The Hotel Castro,
The Hotel Castro may, without any liability whatsoever, at its sole discretion
restrict or terminate your access or use of this Site at any time and without
notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOTEL CASTRO,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS,
HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE
(DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED
BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY
COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER
SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR
DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND
EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF
ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY
OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR
SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF
SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS,
INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE
EXCEED, IN THE AGGREGATE, $100.00 (US).
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT
YOUR OWN RISK. THE HOTEL CASTRO, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST
EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, TITLE AND NON-INFRINGEMENT. THE HOTEL CASTRO DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM
VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED
OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH THE
HOTEL CASTRO TAKES REASONABLE STEPS TO SECURE THE SITE,
YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY
SECURE MEDIUM AND THE HOTEL CASTRO MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR
MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL
BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE
DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE.
You will indemnify The Hotel Castro and its officers, directors, agents,
employees and representatives, against any loss, damage or cost incurred
by us arising out of your use of the Site, any of its services or any
information accessible over or through the Site, your submission or
transmission of information or material on or through the Site or your
violation of these Terms & Conditions or any other laws, regulations and
rules. You will also indemnify against any claims that information or material
that you have submitted to us is in violation of any law or in breach of any
third-party rights (including, but not limited to, claims in respect of
defamation, invasion of privacy, breach of confidence, infringement of
copyright or infringement of any other intellectual property right). We reserve
the right to exclusively defend and control any claims arising from the above
and any such indemnification matters and that you will fully cooperate with
us in any such defenses.
This Site is operated and controlled by the Hotel Castro from its offices
within the State of California, United States of America. These Terms &
Conditions and any dispute arising out of or related to the Terms &
Conditions or use of Site shall be governed in all respects by and construed
and enforced in accordance with the laws of the State of California, U.S.A.,
without regard to its conflicts of law principles. Exclusive jurisdiction over
any cause of action arising out of these Terms & Conditions or your use of
the Site shall be in state or federal courts located in or near California,
U.S.A. You further agree to submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or action.
The Hotel Castro’s failure to enforce or insist upon strict performance of any
provision of these Terms & Conditions shall not constitute a waiver of the
provision. Neither a course of dealing or conduct between you and The
Hotel Castro nor any trade practices shall be considered to modify these
Terms & Conditions.
If any part of these Terms & Conditions is unenforceable, the unenforceable
part shall be construed to reflect, as nearly as possible, the original
intentions of the parties. All other provisions of these Terms & Conditions
shall remain in full force and effect.
Certain statements and assumptions in this Site contain or are based upon
“forward-looking” information and are being made pursuant to the safe
harbor provisions of the Private Securities Litigation Reform Act of 1995.
When we use the words “will,” may,” “estimate,” “anticipate,” “should,”
“believe,” “expect,” “intend,” or similar expressions, we intend to identify
forward-looking statements. These statements are subject to numerous
uncertainties and assumptions as described in our Annual Report on Form
10-K, Quarterly Reports on Form 10-Q and other SEC filings which could
cause our actual results to differ materially from those expressed in or
implied by the content of this Site. Forward-looking statements made in this
web site are made only as of the date of their initial publication and we
undertake no obligation to publicly update any of these forward-looking
statements as actual events unfold.
