- Introduction/Acceptance of Terms
- Modification of Terms and Conditions
- Trademark Information
- Ownership of Materials
- Registration Information
- Customer Submissions
- Unauthorized Conduct and Use of Site
Introduction/Acceptance of Terms
Please read the following information carefully before accessing our Web site ("Site"). The Site consists of the www.quikbook.com Web site and related properties of Quikbook, Inc. ("Quikbook.com") linked to this Site. By using the Site in any manner (for example, entering the Site, browsing and/or completing the registration process to set up "My Quikbook.com File") you are indicating your agreement to be bound by the following terms and conditions of service ("Terms and Conditions"). If you do not agree with all of the provisions of these Terms and Conditions, please do not enter or use the Site, or register with Quikbook.com. The Terms and Conditions are intended for your safety and ease of use. If you encounter another user who is not abiding by these Terms and Conditions, please contact us. In addition, when using particular services on the Site or provided by Quikbook.com, you and Quikbook.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
Modification of Terms and Conditions
Upon notice published on this Site, or such other notice as may be given, Quikbook.com may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice, shall be deemed to constitute acceptance of the new Terms and Conditions.
Quikbook.com: America's #1 Hotel Discounter, Quikbook Great Hotels Great Prices, Quikbook Q Rating, Revmax and the design of the Quikbook.com running man with briefcase are trademarks of Quikbook.com, registered in the U.S. and other countries. Other Quikbook.com products or service names or logos referenced in the Quikbook.com Site are either trademarks or registered trademarks of Quikbook, Inc. The absence of a product or service name or logo from this list does not constitute a waiver of Quikbook.com's trademark or other intellectual property rights concerning the name or logo. All other products and company names mentioned in the Quikbook.com Site may be trademarks of their respective owners. Use of any of such trademarks for commercial purposes without the prior written consent of Quikbook, Inc. may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of any other Quikbook.com trademarks in commerce may be prohibited by law except by express license from Quikbook, Inc.
Ownership of Materials
The information contained in this Site is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of Quikbook, Inc. The images from this Site may not be reproduced in any form without the prior advance written consent of Quikbook, Inc. The Site is owned and operated by Quikbook, Inc. and contains material (the "Content") which is derived in whole or in part from Quikbook.com and other sources and is protected by international copyright and other intellectual property laws and treaty provisions. Under no circumstances may the Content be modified, reproduced, recorded, displayed, performed, published or distributed, either in whole or in part, nor may derivative works be made therefrom. Use, reproduction, copying or redistributing of the Quikbook.com trademarks is strictly prohibited unless consented to in writing by Quikbook, Inc. All rights not otherwise granted are strictly reserved.
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as you complete the registration process to set up My Quikbook.com File ("File"). You will receive a password and account designation upon completing the set-up process. You are responsible for maintaining the confidentiality of the password and File, and are fully responsible for all activities that occur under your password or File. You agree to (a) immediately notify Quikbook.com of any unauthorized use of your password or File or any other breach of security, and (b) ensure that you exit from your File at the end of each session. Quikbook.com will not be liable for any loss or damage arising from your failure to comply with these requirements. After you have set up the File you may receive reservation confirmations or be contacted about a reservation at the e-mail, fax or mailing address you provide to us. Also, you will receive occasional Quikbook.com communications ("Communications"), unless during the registration process you ask us not to send them to you. If in the future you no longer desire to receive Communications, you may follow instructions in the e-mails to unsubscribe or simply contact us.
Quikbook.com appreciates hearing from its customers. By submitting content, creative ideas, inventions, suggestions, comments or materials, posting messages, uploading files, inputting data and registration information or engaging in any other form of communication on the Site or through services on the Site ("Customer Submissions"), you agree that said materials will automatically become the property of Quikbook, Inc. without compensation to you and Quikbook, Inc. can use the material for any purpose and in any way.
Unauthorized Conduct and Use of Site
As a condition of your use of the Site you may not:
- Use any "robot," "spider" or other automatic device or a program algorithm or methodology having similar functions, or any manual function or process to monitor or copy any Web page or any content or data on the Site without prior written permission from Quikbook.com;
- Post, e-mail, upload, transmit or otherwise send any harmful or malicious code to the Site or circumvent the security devices (such as our robot exclusion header) in place on the Site;
- Interfere with or disrupt (or attempt to interfere with or disrupt) Quikbook.com's operations or the provision of services by using any software program, routine, activity or other process;
- Collect or store personal data (including, but not limited to e-mail addresses) about other users; or
- Post, e-mail, upload or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
Bulletin Board Use
The Site may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to Quikbook.com and interaction between users of the Site or Quikbook.com products. Quikbook, Inc. does not control and has no obligation to monitor the messages, information or files delivered to Bulletin Boards or any similar area of the site.
As a condition of your use of the Site, including, without limitation, the use of Bulletin Boards, you may not:
- Restrict or inhibit any other user from using and enjoying the Bulletin Boards or the Site;
- Post, e-mail, upload or transmit on the Bulletin Boards or the Site any unlawful, threatening, offensive, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Post, e-mail, upload or transmit any information, software or other material which (i) violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or (ii) contains a virus or other harmful component;
- Post, e-mail, upload or transmit on the Bulletin Boards or the Site any unsolicited or unauthorized advertising, promotional material, solicitations for funds or donations, "junk mail," "bulk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as specifically permitted in writing by Quikbook, Inc.;
- Post, e-mail, upload or transmit on the Bulletin Boards or the Site anything that makes use of a forged header or deceptive addressing, or which attempts to disguise the source of the post, e-mail or other transmission in any manner;
- Impersonate any person or entity, including but not limited to, a Quikbook.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or post, e-mail, upload or transmit on the Bulletin Boards or the Site any information that is intended to, or appears to intend to embarrass, threaten, defame or impersonate any person or entity; or
- Stalk or otherwise harass any other person or post, e-mail, upload or transmit on the Bulletin Board or the Site any information that is intended to, or appears to be intended to, be discriminatory or offensive to any person on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability
- Quikbook, Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Quikbook, Inc.'s sole discretion are objectionable or in violation of these Terms and Conditions. Quikbook, Inc. reserves the right to take all legal and technical steps available to prevent prohibited information, e-mail, posts, uploads and/or transmissions from entering, utilizing or remaining on the Site.
Nothing in this policy is intended to grant any right to post, e-mail, upload or transmit information to, or through, the Site. Quikbook.com's failure to enforce this policy in every instance in which it might apply does not waive its rights.
Quikbook, Inc. intends for the information and data contained in the Quikbook.com Site to be accurate and reliable. However, since the information and data have been compiled by Quikbook.com from a variety of sources, it is provided "as is"and "as available" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Quikbook, Inc. expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose with respect to any of the materials or information in this Site. Quikbook, Inc. makes no warranty of any kind that the rates and hotels listed will be available at the time you make your reservation. Quikbook, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in the Site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Quikbook, Inc. makes no warranty regarding any goods or services purchased or obtained through the Site or the newsletters of any transactions entered into, directly or indirectly, through the Site or the newsletters. Price and availability information as well as any programs or products mentioned on the Site is subject to change without notice.
Quikbook, Inc. and/or its agents act only in the capacity of agents for you in all matters pertaining to hotel accommodations. Quikbook, Inc. is not responsible for any damage, expense, injury or inconvenience to any person or property caused by late arrivals, departures or change of schedule from any cause whatsoever. Baggage handling throughout is entirely at your risk. You agree that Quikbook, Inc. shall not be held responsible in the event of any errors or omissions in any promotional materials.
Quikbook, Inc. does not warrant that the functions contained in the materials will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site, including Bulletin Boards, or the server that makes it available, are free of viruses or other harmful components. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Site or the newsletters is at your own discretion or risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from Quikbook.com or through or from the Site, Bulletin Boards or newsletters shall create any warranty.
Limitation of Liability
To the extent permitted by law, Quikbook, Inc. and its affiliates disclaim liability, whether based in negligence, contract, tort, strict liability or otherwise, for damages of any kind (including but not limited to direct, indirect, incidental, special, punitive, exemplary or consequential damages) in any way arising from (a) the use of, or the inability to use (i) the Site or the materials or information in the Site and/or (ii) any goods or services purchased or obtained through the Site or the newsletters, or (b) any other functionality, operation or service of the Site, even if Quikbook.com is expressly advised of the possibility of such damages. You specifically acknowledge and agree that Quikbook, Inc. is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any content on this Site, or with any of these terms and conditions or the materials or information in the Site, your sole and exclusive remedy is to discontinue using the Site and the materials and information in the Site.
You agree to indemnify and hold Quikbook, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the Site, your use of the Site, Bulletin Boards and Newsletters, your connection to the Site and Newsletters, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.
This agreement is effective until terminated by Quikbook, Inc. at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.
This agreement constitutes the entire agreement between Quikbook.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. Any dispute involving or relating to these legal Terms and Conditions shall be subject to the jurisdiction of the appropriate state or federal court located in the State of New York in New York County. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles are for convenience only and have no legal or contractual effect.
California Seller of Travel Registration Number: 2009684-50.
If you have any questions or concerns regarding any aspect of Quikbook.com's Terms and Conditions, please contact us. If you prefer, call our customer service department at 1-800-789-9887. Outside the U.S., call (212) 779-7666. You may also write to Quikbook.com at 381 Park Avenue South, New York, NY 10016.