The Hotel Kasper

At THE KASPER, we respect your right to privacy and we understand that visitors to HOTEL KASPER Sites need to control the uses of their personal information. The privacy policy below details the measures taken by THE KASPER to protect your privacy in connection with your use of HOTEL KASPER. HOTEL KASPER does not intend to collect any personal information from children under 13 unless HOTEL KASPER believes such collection to be permitted by law; please read below for HOTEL KASPER's policy with respect to children under 13.

How is my personally identifiable information used by HOTEL KASPER?

Digital Rights Management. Applications you use or download from the HOTEL KASPER Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that HOTEL KASPER shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The applications may also contain DRMS produced by HOTEL KASPERwhich allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

Who does HOTEL KASPER share information with?

We will not share your personally identifiable information with third parties, aside from entities that perform services for us, such as fulfilling orders or processing payment, that either are bound to comply with our privacy policy or have privacy policies that protect your information.HOTEL KASPER may use third parties to accept and process orders for merchandise and products, including software, and such third parties may get access to your personal information for the purposes of providing services or products to you on HOTEL KASPER’s behalf.

However, HOTEL KASPER may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on HOTEL KASPER; (2) protect and defend the rights or property of HOTEL KASPER; or (3) act in an emergency to protect someone's safety.

We may request demographic information from you (for example, your age, education level or household income) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission.
In the event that HOTEL KASPER is acquired by another company, your personal information may be part of the assets transferred to the acquiring party.

What are my options to control the use of my personally identifiable information?

If you provide us with your e-mail address, we may e-mail you with information from HOTEL KASPER. If you do not want to receive information from HOTEL KASPER, you may decline to receive it by writing to us via email or the address below. Please note that there might be a brief delay between when you submit your request.

What about kids' personally identifiable information?

HOTEL KASPER Sites are general audience sites and are not directed to children under the age of 13. HOTEL KASPER assumes products purchased through credit card means are purchased by adults. THE CASPER respects the privacy of parents and children and is committed to complying with the Children's Online Privacy Protection Act (COPPA). On those areas of the Sites that ask for age, HOTEL KASPER does not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where HOTEL KASPER believes that such collection is permitted under COPPA.
If a parent believes that his or her child has submitted personal information to HOTEL KASPER, he or she can contact us via e-mail or postal mail as listed below. HOTEL KASPER will promptly delete the information upon learning that it relates to a child under the age of 13. Please note that it is possible some of this information may remain archived in web logs and back-up archives after HOTEL KASPER deletes the information from its active database.

HOTEL KASPER believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

What else should I know about my privacy?

Security. HOTEL KASPER has security measures in place to protect the loss, misuse and alteration of the information under our control. These include a firewall to prevent unauthorized access to our systems and maintenance of registration information in a separate database. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure. We will protect the transmission of credit card information through industry standard, SSL (secure socket layer) encryption.
Archived Information. HOTEL KASPER maintains archives of its web logs, database, and other systems and information. Please note that it is possible some of this information may remain archived after HOTEL KASPER deletes the information from its active database. HOTEL KASPER maintains archives for disaster recovery, legal and other non-marketing purposes.

Contacting HOTEL KASPER.

HOTEL KASPER would like to receive your comments and questions about this Privacy Statement. Please address comments or questions regarding HOTEL KASPER's Privacy Statement to us via e-mail or postal mail.
You can complete our e-mail form here.

Acceptance of Privacy Statement.

Your use of the HOTEL KASPER Sites, including any dispute concerning privacy, is subject to this Privacy Statement and HOTEL KASPER's Terms and Conditions of Use. By using the HOTEL KASPER Sites, you are accepting the practices set out in this Privacy Statement and those Terms and Conditions of Use. We reserve the right to modify this Privacy Statement at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the statement has been modified since you last reviewed it. Your continued use of any portion of HOTEL KASPER Sites following posting of the updated Privacy Statement will constitute your acceptance of the changes.

Updated as of 7-22-2004
www.hotelkasper.com

1. LIMITED NON-COMMERCIAL LICENSE TO USE SITE

HOTEL KASPER hereby grants you the limited right to view and use the Site only for the purposes of viewing or for accessing information, Applications and services. HOTEL KASPER reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to HOTEL KASPER. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from HOTEL KASPER, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.

* You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not HOTEL KASPER, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
* Your Materials, user name and/or screen name will not disparage in any manner HOTEL KASPER, its Licensors, or their Applications, products, or services and sites.
* Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
* You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
* You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

2. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS

HOTEL KASPER may offer you the ability to use certain applications, services or software, and content such as films for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by HOTEL KASPER or its licensors is referred to herein collectively as "Applications"). For example, HOTEL KASPER may provide software such as the QuicktimeTM software and services that allow you to download specific content from the Sites to your computer. Your limited license to the Applications is subject to the following conditions:

* Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that HOTEL KASPER shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by HOTEL KASPER which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.

3. COPYRIGHTS AND TRADEMARKS

HOTEL KASPER will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by HOTEL KASPER. Accordingly no such content or Applications may be used on another web site without express written permission from HOTEL KASPER.

4. PRIVACY POLICY

HOTEL KASPER respects your right to privacy and understands that visitors to HOTEL KASPER need to be in control of their personal information. To that end HOTEL KASPER has developed a Privacy Policy, and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

5. SUBMITTING MATERIALS AND FEEDBACK

By submitting Materials in any form to HOTEL KASPER, you automatically grant HOTEL KASPER a royalty-free, world-wide, non-exclusive, and assignable right and ownership and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by HOTEL KASPER and its affiliates.

6. INDEMNITY

You agree to indemnify and hold HOTEL KASPER, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

7. DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HOTEL KASPER, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. HOTEL KASPER HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, HOTEL KASPER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

8. ASSUMPTION OF RISKS

YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER HOTEL KASPER NOR ANY OF HOTEL KASPER'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THECASPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY HOTEL KASPER OR ANY OF HOTEL KASPER'S AFFILIATES OR AGENTS SHALL BE, AT THECASPER'S OPTION THE SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON HOTEL KASPER; YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. OWNERSHIP

The Site, Applications, and related information are the exclusive property of HOTEL KASPER or its suppliers. All rights not licensed herein are hereby reserved to HOTEL KASPER or its suppliers.

12. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS

If you violate these Terms, HOTEL KASPER may terminate or cancel your access rights to the Site and/or Applications immediately without notice. HOTEL KASPER may also block your use of the Site and/or Applications or direct you to cease using it. HOTEL KASPER reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that HOTEL KASPER shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof.

13. EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Los Angeles, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Los Angeles, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law.

14. ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by HOTEL KASPER and the consents provided by you, constitute the entire agreement between you and HOTEL KASPER. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. HOTEL KASPER's failure to act with respect to a breach by you or others does not waive HOTEL KASPER's right to act with respect to subsequent or similar breaches.

15. AMENDMENTS

You agree that HOTEL KASPER may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from HOTEL KASPER to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by HOTEL KASPER and by you.

16. NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to HOTEL KASPER by postal mail to: HOTEL KASPER, 4470 Sunset Bl. #383, Los Angles, CA 90027, or as to a successor address that HOTEL KASPER makes available on the Site or through other reasonable manner. If applicable law requires that HOTEL KASPER accepts email notices (but not otherwise), then you may send HOTEL KASPER email notice using HOTEL KASPER’s. With respect to HOTEL KASPER's notices to you, HOTEL KASPER may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, HOTEL KASPER may give notice by sending email to the email address you provide. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

Contact Information Disclosure. HOTEL KASPER's name and street address is HOTEL KASPER, 4470 Sunset Bl. #383, Los Angeles, CA 90027. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Sites of the Department of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.