License Terms for the fourseasons.com RSS Service
1. This Agreement sets forth the terms under which Four Seasons Hotels Limited ("Four Seasons") permits you or your company ("You") to incorporate the Four Seasons Hotels and Resorts Feeds onto pages of Your Internet Web site.
2. BY DOWNLOADING AN RSS FEED (THE "SERVICE") FROM FOURSEASONS.COM, YOU ARE CREATING A CONTRACT BETWEEN YOURSELF AND FOUR SEASONS AND ARE AGREEING TO ABIDE BY THE TERMS BELOW:
3. Four Seasons grants You a non-exclusive, non-transferable, non-sublicensable, revocable license to incorporate Four Seasons RSS Feeds as provided by Four Seasons onto Your Web site under the sole heading Four Seasons RSS Feeds. All rights licensed to You under this Agreement, including but not limited to icons, graphics, trademarks, and trade names, remain the property of Four Seasons or its licensors. These limited rights shall be automatically and immediately revoked upon termination of this Agreement. You are responsible, at Your cost, to create or apply software so that any person You permit to click on Four Seasons RSS Feeds Links on Your Web site ("Your User") can pull down the related page from the Four Seasons web site to Your User's computer. Text and links may not be altered in any way.
4. You acknowledge and agree that Four Seasons shall not be liable for any loss or liability to You or to Your Users relating in any manner to Your use or Your User's use of this Four Seasons web site or Four Seasons RSS Feeds. You agree to indemnify Four Seasons against any claim by Your Users against Four Seasons resulting from Your Web site.
5. You may not use the trademarks Four Seasons, fourseasons.com, the Four Seasons logo or Tree Device, or any other trademark or trade name of Four Seasons without first obtaining Four Seasons' express written consent for each particular use.
6. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and Four Seasons. You are not authorized to represent Four Seasons to third parties in any manner. You agree not to make any statement that might reasonably be misinterpreted by a third party as indicating the existence of such a relationship.
7. Four Seasons shall have the right to terminate or modify this Agreement at any time in its sole discretion, effective upon posting of notice online. Paragraphs 4 and 6 continue to apply after any termination of this Agreement. Four Seasons will terminate this Agreement with You and the license hereunder if Your Web site:
i) contains sexually explicit material; promotes sexually explicit material; or links to sexually explicit material;
ii) contains violent material; promotes violence; or links to violent material;
iii) promotes, depicts, or links to material that promotes or depicts discrimination based on race, sex, religion, national origin, physical or mental disability, sexual orientation, or age;
iv) contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such unlawful material;
v) contains information on illegal activity; promotes illegal activity; or links to a site that provides information on or promotes illegal activity; or
vi) is "under construction", incomplete or not fully operational.
8. This Agreement is governed by the laws of Ontario, Canada without reference to rules governing choice of laws, and by the laws of Canada applicable therein. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Four Seasons' failure to enforce Your strict performance of any term in this Agreement will not constitute a waiver of Four Seasons' right to subsequently enforce such term or any other term in this Agreement.