Effective on February 1, 2018
The Keytomyroom.com web site (the “Site”) is provided to assist travelers in gathering hotel information, post opinions of hotel related issues and engage in interactive forums and is an online information service provided by KTMR Ltd. (referred to herein as “KTMR” or “KeyToMyRoom”), subject to your compliance with the terms and conditions set forth below. The terms “we”, “us”, “our” and “KeyToMyRoom” refer to KTMR Ltd., the corporation and website (collectively, “KeyToMyRoom”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. KTMR may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.
USE OF THE SITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have registered for and have a KeyToMyRoom account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant KeyToMyRoom and its a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that KeyToMyRoom may choose to provide attribution of your comments or reviews at our discretion. You further grant KeyToMyRoom the right to pursue at law any person or entity that violates your or KeyToMyRoom’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
KeyToMyRoom does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. KeyToMyRoom nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If KeyToMyRoom provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, provincial, national or international law.
4. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
5. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;
6. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including KeyToMyRoom;
7. Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
8. Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
9. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
10. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);viruses, corrupted data or other harmful, disruptive or destructive files;
11. ContentthatisunrelatedtothetopicoftheInteractiveArea(s)inwhichsuchContentis posted; or
12. Content or links to content that, in the sole judgment of KeyToMyRoom, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose KeyToMyRoom or its affiliates or its users to any harm or liability of any type. KeyToMyRoom takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is KeyToMyRoom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, KeyToMyRoom is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although KeyToMyRoom has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, KeyToMyRoom reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by KeyToMyRoom or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release KeyToMyRoom, and its licensees, successors and assigns, from any claims that you could otherwise assert against KeyToMyRoom by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
Prohibited Activities.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by KTMR in connection with the Website or the services.
KTMR is a travel information provider. We do not sell travel products or services. We help you search for hotel information and may link you to third-party sites that may offer the products and services you seek. At the time we publish this information, we believe it to be valid. However, we have no control over the suppliers, and we therefore do not warrant or guarantee that their offers will not change or become unavailable. Nor are we responsible for their products, services or site content. Please see their sites for their most up-to-date offer information and all applicable terms and conditions.
You understand that, except for information, products or services clearly identified as being supplied by KTMR, KTMR does not operate, control or endorse any information, products or services on the Internet in any way. Except for KTMR-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with KTMR. You also understand that KTMR cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the Internet. KTMR provides the Site and related information “as is,” and shall not be liable for any cost or damage arising either directly or indirectly from use of the service, any merchandise information or service provided through the service or on the Internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the service or on the Internet generally. KTMR does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the Internet contains unedited materials, some of which may be offensive to you. Your access to such materials is at your risk. KTMR has no control over and accepts no responsibility whatsoever for such materials.
The Site may contain hyperlinks to Web sites operated by parties other than KTMR. Such hyperlinks are provided for your reference only. KTMR makes no representations whatsoever about any other Web site which you may access through this one or which may link to the Site. When you access non-KTMR Web sites, please understand that they are independent from KTMR. KTMR’s inclusion of hyperlinks to such Web sites does not mean that KTMR controls, endorses or accepts any responsibility for the content or the use of such Web sites, or imply any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.
INTELLECTUAL PROPERTY OWNERSHIP AND LICENSES
Copyright, Licenses, Ideas and Submissions: The entire contents of the Site are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are KTMR, its affiliates or other third party licensors. You may not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to KeyToMyRoom a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub- license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by email to KeyToMyRoom by all means and in any media now known or hereafter developed. You also grant to KeyToMyRoom the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against KeyToMyRoom for any alleged or actual infringement or misappropriation of any proprietary right in your communications to KTMR. Trademarks, Publications, products, content or services referenced herein or on the Site arethe exclusive trademarks or service marks of KTMR. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
LIMITATION OF LIABILITY
The information, software, products and services published on the site and/or related newsletters or publications (the “publications”) may include inaccuracies or errors, including but not limited to typographical errors.
KTMR does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the hotels or other travel information displayed on this web site (including, without limitation, photographs, images and general descriptions, etc.)
Changes are periodically added to the information displayed on the site. KTMR and/or its suppliers may make improvements and/or changes to the site at any time.
KTMR and/or its suppliers make no representations about the suitability of the information, software, products and services contained on or obtained through this web site and/or the publications for any purpose, or the results that may be obtained from using the site and/or the publications.
The inclusion or offering of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by KTMR. All such publications, information, software, products and services are provided “As is” without express or implied warranties or representations of any kind, including without limitation warranties of title or non- infringement, or the implied warranties of merchantability or fitness for a particular purpose.
KTMR disclaims all warranties and conditions that this web site, its servers or any email sent from them are free of viruses or other harmful components.
In no event shall KTMR (or its officers, directors, affiliates, suppliers) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with access to, display or use of the site (including, but not limited to, your reliance upon floor map accuracy and opinions appearing on the site) and/or the publications or with the delay of or inability to use the site and/or the publications, or for any computer viruses, information, software, products and services obtained through the site and/or through the publications or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if KTMR or any of its affiliates or suppliers has been advised of the possibility of damages.
These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
Subject to the foregoing, you use this website at your own risk and in no event shall KTMR (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if KTMR has been advised of the possibility of such damages.
These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of KTMR.
INDEMNIFICATION
You agree to defend and indemnify KTMR and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of this agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or, your use of this Site.
THIRD PARTY RIGHTS
The provisions of the section (Use of the Site) and (Indemnification) are for the benefit of KTMR and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Copyright and Trademark Notices Notice of Claimed Infringement:
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying KeyToMyRoom that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers): 1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on this website should be emailed to:
Email: legal@keytomyroom.com
In consideration of KTMR acting on a Notice, the Intellectual Property Owner hereby agrees to indemnify KTMR and its affiliates from any claims, losses, liabilities, costs and expenses, which any of them may incur as a result of any third party claims arising from or relating to the material concerned.
KTMR has adopted a policy of terminating, inappropriate circumstances and at KTMR’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. KTMR may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
TERMINATION
This agreement may be terminated by either party without notice at any time for any reason. The provisions of sections (Intellectual Property Ownership and Licenses), (Use of the Site), (Indemnification), (Third Party Rights), Governing Law, Arbitration and Jurisdiction) shall survive any termination of this agreement.
GOVERNING LAW, ARBITRATION AND JURISDICTION
You recognize that, although the Internet can be accessed from anywhere in the world, the Site is located in Toronto, Ontario, Canada and that when you access the Site, you are doing so in the Province of Ontario, Canada. These Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You further agree that any arbitration action brought by you arising out of or relating to these Terms of Use or the Site shall be filed only Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction and venue in Toronto, Ontario, Canada.
PRIVACY POLICY
By agreeing to these Terms of Use, you also agree to our Privacy Policy. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Site constitutes your acceptance to any changes to the Privacy Policy.
ACCOUNTS
You must create a KeyToMyRoom account to gain full access to KeyToMyRoom’s services. You will be able to view a preview of the Site and then will be prompted to create an account or log in. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
By providing KeyToMyRoom your email address, you consent to our using that email address to send you announcements, such as information about new hotel listings, changes to features, and special offers. If you do not want to receive such email messages, you may unsubscribe directly from the emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us,
including without limitation a notification that this agreement has changed, those legal notices will still govern your use of the service. We will post legal notices to the service, and you are responsible for reviewing such legal notices for changes.
WHAT INFORMATION WE COLLECT FROM YOU
We receive and store any information you enter on our Website or give us in any other way. This includes information that can be used to identify you as an individual or to contact you directly (“personal information”).
Personal information includes information you provide us such as your first and last name, telephone number, postal and email addresses, user name and password.
You can choose not to provide this personal information to us, but in general some information about you is required in order for you to create an account to access site information. Other information we may choose to collect may also include details such as your IP address, information identifying your device, and website browsing history to the extent that information is about you.
AUTOMATIC COLLECTION OF INFORMATION
We automatically collect some information from your computer or Device when you visit KeyToMyRoom for example, we will collect session data, including your IP address, Web browser software, and referring website. We also may collect information about your online activity, such as content viewed, pages visited, and searches.
LOCATION INFORMATION AND OTHER INFORMATION FROM DEVICES
When you use an Application on a Device, we will collect and use information about you in generally similar ways and for similar purposes as when you use the KeyToMyRoom website. In addition, we may collect information about your location if you have instructed your Device to send such information to the Application via the privacy settings on that Device, or if you have uploaded photos tagged with location information. We may use the location information collected from your Device or photos to enhance your use of the Application by providing you with relevant content and contextual advertising. You can change the privacy settings of your Device at any time, in order to turn off the functionality to share location information with the Application and/or the functionality to tag your photos with location information.
Cookies and Other Web Technologies.
Cookies are small text files that are automatically placed on your computer or mobile device when you visit almost any website. They are stored by your Internet browser. Cookies contain basic information about your Internet use. Your browser sends these cookies back to the site every time you revisit it, so it can recognize your computer or mobile device and personalize and improve your site experience.
KEYTOMYROOM MAY USE COOKIES FOR THE FOLLOWING GENERAL PURPOSES
To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled “Keep me signed in on this computer unless I sign out.” Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.
To help us customize the content, experience, and advertisements provided to you on our website. For example, when you access a web page, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. See Display of Advertising/Your Choices for more information about our online advertising practices and your choices.
To help measure and research the effectiveness of features and offerings, advertisements, and email communications (by determining which emails you open and act upon).
The Help portion of the toolbar on most browsers should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable non-essential types of cookies. Please note that if you refuse to accept cookies, you may not be able to access the full features offered on our site.
HOW WE USE YOUR INFORMATION
GENERAL PURPOSES
KeyToMyRoom uses the information we collect about you for the following general purposes:
for registration and to manage your account, including to allow your access to and use of our site;
to communicate with you in general, including to provide information about KeyToMyRoom and invitations from the KeyToMyRoom community;
to enable us to publish your reviews, forum posts, and other content to the KeyToMyRoom community;
to respond to your questions and comments;
to solicit information from you, including through surveys;
to resolve disputes or troubleshoot problems;
to prevent potentially prohibited or illegal activities;
to enforce our Terms of Use; and
as otherwise described to you at the point of collection.
EXTERNAL LINKS
Our Website may include links to third party websites. If you access other websites from the links provided on our Website, the operators of those websites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from our Privacy Policy. We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.
CHANGES TO THIS PRIVACY POLICY
KeyToMyRoom may change or modify this Privacy Policy in the future. We will note the date that revisions were last made to this Privacy Policy at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to this Privacy Policy by either sending a notice to the email address you provided to us or by placing a notice on our Website. We encourage you to check this Privacy Policy from time to time to review the most current version.
CONTACT US
If you have questions about this Privacy Policy, please contact us at: