Château Plombis Terms of Use

LAST UPDATED 1 April 2016

These are the terms of use (“Terms of Use”) for your use of services or features on www.chateauplombis.com (the “Site”). This Site is operated by Château Plombis (“We” or “Us”).

You may be accessing our Site from a computer, tablet or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using public spaces on the Site, such as comments, ratings or reviews. We also like to interact with you on third party sites where We may post content and invite your feedback or contributions, such as through our Instagram page, and Our social media channels on Twitter, Instagram or Facebook (collectively, “Third Party Sites”).  Finally, user generated content on Third Party Sites that uses a unique hashtag promoted by Our Site will be pulled through to and posted on our Site.  For purposes of these Terms of Use, We call all of these various interactions our “Interactive Services” and these Terms of Use govern your use of these Interactive Services.

Our Terms of Use provide guidelines (“Guidelines”) in connection with our Interactive Services, including services that involve Third Party Sites, but We do not control those Third Party Sites, and these Terms of Use and our Guidelines do not apply to companies that We do not own or control, or to the actions of people that We do not employ or manage. You should always check the terms of use posted on Third Party Sites.  

By using the Site, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or Guidelines from time to time at any time, without notice, and in our sole discretion. If We decide to change these Terms of Use or our Guidelines, We will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use or Guidelines will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and our Guidelines and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and Us with respect to your use of the Site and supersede all previous agreements, understandings and representations relating thereto.

COPYRIGHT
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2016 Château Plombis, ALL RIGHTS RESERVED and may be protected by other intellectual property rights.  The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Château Plombis. and is protected by international copyright laws or other intellectual property laws. All software used on the Site is the property of Château Plombis or its software suppliers and is protected by international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of using the Interactive Services or using the Site to make a booking with us. Any other use of materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without our prior written permission in each instance is strictly prohibited.

TRADEMARKS
Château Plombis, chateauplombis.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Château Plombis and may not be used in connection with any product or service that is not offered by Us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. 

COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to such material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, you may send us a counter-notice.

To send a notice or a counter-notice, please forward the following information to the Copyright Agent named below:

  • Your name, address, telephone number and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of the allegedly infringing material and of where the allegedly infringing material is located on the Site;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or applicable law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent for notice of claims of copyright infringement on this Site is Chris Osborne, who can be reached as follows:

Château Plombis

Castelsagrat 82400 FRANCE
Email: 
contact@chateauplombis.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

BOOKING INFORMATION
We have attempted the faithfully depict the rooms and amenities at Château Plombis in their current state. However, Château Plombis is occupied throughout the year and is also located in rural France. We cannot guarantee that any particular amenities will be available during your stay or that the décor or furnishings will be unchanged from the photographs on the Site. Internet access is rural France can be particularly unreliable.

We try to keep our booking calendar up to date with our availability. However, you cannot consider your holiday with us to be reserved until you have received a written confirmation from us and you have paid the required booking deposit. If you are booking with us through a third party website, please check that website for any terms and conditions or cancellation policies. We are not responsible for any travel arrangements made by you prior to confirmation of your booking and receipt of your deposit.

MOBILE SERVICES
If you access the Site via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.

RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all Content that you link to, post or otherwise transmit via or to the Site, through our Interactive Services or otherwise. “Content” includes (but is not limited to) all data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials posted by users to the Site and not originally created by Us.

YOUR USE OF CONTENT ON THE SITE AND LIMITATION OF LIABILITY
We provide the Site and the Interactive Services and all other applications and services on the Site as a forum only. We are not liable for any statements, representations, or Content provided by users in any public forum on the Site or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site, including through the Interactive Services, is not controlled by Us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and We shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Interactive Services.

You may access the Content and any other content on the Site only as permitted under these Terms of Use and our Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Site.

YOUR CONTENT SUBMISSIONS
By using the Interactive Services, you represent and warrant that:

You understand you are participating in a public forum and that your Content will be available to all other users of the Site, the Interactive Services and potentially Third Party Sites;

You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Us to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);

All “moral rights” and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favor of Us and our successors and assigns and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

All Content that you post is accurate;

You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you link or post to the Site:

  • Is not false, inaccurate or misleading;

  • Does not harm minors;

  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

  • Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);

  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

  • Is not submitted for compensation or other consideration from any third party; and does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

  • Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and

  • Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

We do not endorse any Content or any opinion, recommendation or advice expressed therein, and We disclaim all liability with respect to the Content. We do not pay for any Content.

For any Content that you submit, you grant Us a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable non-exclusive right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly and/or digitally perform, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to or prior approval by you. This license will survive the termination of these Terms of Use and your use of the Site.

GUIDELINES FOR INTERACTIVE SERVICES
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any representative of Château Plombis, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal information about others, including other users.

All submitted Content is read by our website editor and is subject to these Terms of Use. We reserve the right to not post or link an image or other Content or to withdraw a posted image or other linked Content for any reason. Your Content will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.

THIRD PARTY CONTENT AND THIRD PARTY SITES
We do not monitor, approve or have any control over Third Party Sites and the inclusion of links to Third Party Sites does not imply any association or relationship between Us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Site. We are not responsible for updating or reviewing Third Party Sites. You use Third Party Sites at your own risk. We encourage you to conduct your own research and due diligence into all Third Party Sites.

MODIFICATION OF CONTENT
All Content that you submit may be used or not used in any manner, in our sole discretion. We may or may not pre-screen Content. However, We and our designees will have the right (but not the obligation) in our sole discretion to pre-screen, change, edit, condense or delete any Content on the Site. In particular (but without limitation), We and our designees will have the right to remove any Content that We deem, in our sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. We do not guarantee that you will have any ability to edit or delete any Content you have submitted except where required by law. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Us, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on our part or on the part of our agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

RESERVATION OF RIGHTS
We reserve the right, at any time, without notice and in our sole discretion, to terminate your license to use the Interactive Services and the Site and to block or prevent your future access to and use of the Interactive Services and the Site. All provisions of these Terms of Use that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability), all disclaimers of representations, warranties and conditions, and all statements recognizing intellectual property rights shall survive termination.  We may access, preserve and disclose Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests, or (v) protect the rights, property or personal safety of Us and our employees, our users and the public.

DISCLAIMER
WE ARE PROVIDING THE SITE, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS” BASIS AND MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE OPERATION OF THE SITE OR THE INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT.  Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Us (and our officers, directors, agents, parent, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Interactive Services.

APPLICABLE LAW
The Site and Interactive Services are created, controlled and operated by Château Plombis in France. As such, the laws of France will govern these Terms of Use, without giving effect to any principles of conflicts of laws.  In the event that the laws of the jurisdiction in which you reside require that the laws of such jurisdiction apply to these Terms of Use, the foregoing governing law provision shall not apply to you. We reserve the right to make changes to our Site and these Terms of Use at any time.

OUR ADDRESS
Château Plombis

Castelsagrat 82400 France

GENERAL
Any claim or dispute between you and Us that arises in whole or in part from the Site or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in France.  If the laws of the jurisdiction in which you reside require a venue located in such jurisdiction to hear all disputes arising under these Terms of Use, the foregoing venue selection provision shall not apply to you. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.