Terms and Conditions

WEBSITE TERMS OF USE - Updated 18th February 2015
Kerzner International Limited and its affiliates (collectively “Kerzner”) own and operate this website located at http://www.brandatlantis.com (the “Site”).  Please review this Terms of Use Agreement (“Terms of Use” or “Agreement”) carefully before using the Site. This Agreement governs any and all use of the Site and Site content. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms of use as set forth in this Agreement and agree to be legally bound by them.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time and suggest that you check these Terms of Use periodically for changes to ensure that you are familiar with the most recent version.  Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use.  You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice.  At all times, you are bound by the then-current version of these Terms of Use and all applicable laws. 
Ownership.  This Site and the content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, and downloads (collectively, the “Content”) are the exclusive property of Kerzner or its licensors, and are protected by law, including copyright, trademark, and database law, as well as other national, and international laws and regulations.  The Site and its Content are ©2015, Kerzner.  All rights reserved.  ATLANTIS, and ATLANTIS, THE PALM constitute our trade/service marks.  The Site may also include the product and company names, as well as logos, of third parties.  Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
License; Permitted Use.  We grant you a limited, personal, revocable, non-exclusive, non-transferable license to use this Site conditioned on your continued compliance with this Agreement.  Portions of the Content may be accessed, printed and downloaded for the express promotion of Atlantis, The Palm resort.  Any such use shall be consistent with our Brand Guidelines (available at: http://www.brandatlantis.com/guidelines.php), and any other applicable written guidelines that we may from time to time require.  Use of all Content shall be for the express promotion of Atlantis, The Palm resort, and the media in which the Content is used should expressly include reference to the Atlantis, The Palm resort.  All rights not specifically granted under this Agreement are reserved to Kerzner.  For information on obtaining permission to use any Content beyond the uses permitted above, please contact [info@atlantisthepalm.com]. 
Data Protection Any personal information you supply to Us when you use this Site will be used in accordance with our Privacy Policy.
Specifically Prohibited Activity; Termination.  You may not: (1) use Content in any manner that suggests (as determined in our sole discretion) the endorsement or association of any entity, person, product or service by Kerzner and/or Atlantis, The Palm unless express written permission has been given by Kerzner in advance; (2) copy, print or download in any medium all or substantially all of the Content; (3) remove any copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site; and/or (4) deep-link to internal pages of the Site or create a link from your website or any other Internet location to the Site without our prior written permission.  You represent and warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually collecting any information about other users of the Site, or systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.  Any actual or attempted unauthorized use of this Site will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes and may result in criminal and/or civil prosecution.  For your protection, Kerzner reserves the right to view, monitor, and record activity on the Site without notice or further permission from you.  Kerzner reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate this Agreement.  In such case, you agree to cease all access/use of the Site and the Content and to destroy any and all copies of Content in your possession or control. 
Assumption of Risk; Disclaimers.  You use the Internet solely at your own risk.  Kerzner is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  Kerzner shall have no liability for interruptions or omissions in Internet, network or hosting services.  We expressly disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent that such disclaimers are held to be valid, and any responsibility for the content, the accuracy of the information, and/or quality of products or services of any third party referenced or described on the Site (including any third-party links). KERZNER PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL KERZNER BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, EVEN IF KERZNER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Indemnity.  You agree to indemnify and hold harmless Kerzner and all of its officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site (including the Content), any breach by you of these Terms of Use, and/or your Submissions (as defined below). 
Miscellaneous.  This Agreement shall be governed by the laws of the Emirate of Dubai, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be the Emirate of Dubai.  You agree to submit to the jurisdiction of the state and federal courts in the Emirate of Dubai for the purposes of any judicial proceedings relating to or arising from this Agreement. Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.  No waiver by Kerzner of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. In the event of any dispute, any rule of construction or interpretation otherwise requiring this Agreement to be construed or interpreted against any party by virtue of the authorship shall not apply to the construction and interpretation of this Agreement. Any ambiguities will be clarified in an equitable manner without regard to authorship and minor errors and misspellings will be corrected to give maximal effect to obvious intent. In the event of any disputes, the English language version of this Agreement will be exclusively applicable and authoritative.

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