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TERMS OF USE

1. Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement (the "Terms of Use") is a legally binding contract between you ("You" or "Your") and Holiday Royale, its business units, divisions, subsidiaries, and Strategic Partners ("Holiday Royale," "We," "Us," or "Our"). This agreement governs Your use of any Web site or Web page operated by Holiday Royale and its affiliate properties, including any site from which You access this agreement (collectively, the "Sites").

Through the Sites, Holiday Royale offers access to certain Goods, such as merchandise, gifts and accessories (collectively, the "Goods"), as well as certain services, including, but not limited to, information regarding its resorts, reservation services for accommodations, advertising and special promotional offerings, sale of merchandise (collectively, the "Services"). These Terms of Use govern Your access to the Sites, Your use of the Services, or any purchase of the Goods.

Without limiting, and consistent with the requirements set forth in the preceding paragraphs, two types of users may access the Sites, use the Services, and/or purchase the Goods "Visitors" and "Guests".

To become a Visitor of the Sites, You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the HOLIDAY ROYALE Privacy Policy. As a Visitor You may access the Sites and/or view information about the Goods and Services without uploading or downloading any information. You may NOT submit any Personal Information to the Sites, access any Services provided through the Sites, or purchase any Goods offered on the Sites or through the Services.

To become a Guest of the Sites, Services, and/or Goods, You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the Holiday Royale Privacy Policy. By becoming a Guest, You expressly consent to be bound by these Terms of Use. You may become a Guest of the Sites, Services, and/or Goods, by using the Sites or Services or by purchasing the Goods.

Holiday Royale reserves the right to change these Terms of Use, Sites, and/or the Goods and Services from time to time at its sole discretion by posting such revised terms and conditions, Goods and Services on the Sites. Your use of the Sites following any such change constitutes Your agreement to follow and be bound by the modified terms and conditions of these Terms of Use, if any. The date of the most recent revision of these Terms of Use is located at the bottom of this document.

We may terminate this agreement at any time, in Our sole discretion, and without any notice to You. Any permission granted herein terminates automatically without further notice if You breach any of the terms of this Agreement. Upon such termination, You agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. Restricted Rights

The materials on the Sites are provided with "Restricted Rights." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgement of Holiday Royale's proprietary rights in them. No other governments are authorized to use the materials appearing on the Sites without prior written permission from Holiday Royale.

3. Product and Promotional Pricing and Availability Information

Holiday Royale will not be responsible for typographical or other errors or omissions regarding prices or other information. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. Please consult with individual Holiday Royale locations for up-to-the-minute information.

4. Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the Sites or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Sites or via the Services or contained in a file that is uploaded to the Sites or the Services;

c. impersonate any person or entity, including, but not limited to, a Holiday Royale official or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the Sites or the Services;

e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Sites and/or the Services without Our prior express written permission. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission is prohibited;

f. take any action that imposes an unreasonable or disproportionately large load on the Sites' and/or Services' infrastructure;

g. create liability for Holiday Royale or cause Holiday Royale to lose (in whole or in part) the services of its information technology partners or other suppliers; or

h. consummate any transaction that was initiated using the Services that, by paying to Holiday Royale a fee or other consideration, would cause Holiday Royale to violate any applicable law, statute, ordinance or regulation, or that violate these Terms of Use or the Holiday Royale Privacy Policy;

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Sites or the Services is expressly prohibited.

5. Proprietary Rights Restrictions

a. All material on the Sites, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Holiday Royale or other parties that have licensed their material to Holiday Royale, and are protected by copyright, trademark, and other intellectual property laws. Holiday Royale disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Sites are the property of either Holiday Royale or other third parties; You agree not to display or use such property without Holiday Royales prior written permission.

b. The Materials on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Holiday Royale. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of Holiday Royale, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

c. If You have accessed the Sites, Holiday Royale grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the "Content") solely for Your own personal use. All rights not expressly granted herein by Holiday Royale to You are reserved by Holiday Royale and/or its licensors.

d. Holiday Royale alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by You relating to the Sites and/or the Services ("Submissions"), and You agree to and hereby assign such Submissions to Holiday Royale free of charge. Holiday Royale may use or not use such Submissions as it deems appropriate in its sole discretion. For any submissions that cannot be legally assigned to Holiday Royale, You hereby grant Holiday Royale an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and You agree that Holiday Royale is free to use any ideas, concepts, know-how or techniques that You send Holiday Royale for any purpose whatsoever, with no compensation to You. You also hereby waive any "moral rights" associated with the Submissions.

6. Links with Other Web Sites

The Sites contain links to third-party web sites as an accommodation to You. The Sites can also be accessed through links contained on third-party web sites. The third-party linked sites are not under the control of Holiday Royale. Holiday Royale does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at third-party sites that may link the user to the Sites. If You have accessed the Sites through a third-party link, You are still bound by the terms and conditions of these Terms of Use. In no event shall Holiday Royale be responsible for any content or other materials on or available on any third-party web sites.

7. Disclaimer of Warranties

A. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. THE SITES, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLIDAY ROYALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLIDAY ROYALE OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. HOLIDAY ROYALE MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SITES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, OR THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN THE EVENT THAT WEB SITE CONTENT IS INACCURATE, INCOMPLETE, OR OUT OF DATE, HOLIDAY ROYALE DOES NOT INTENTIONALLY MAKE MATERIAL MISREPRESENTATIONS NOR DOES HOLIDAY ROYALE INTENTIONALLY PROVIDE INCORRECT INFORMATION.

C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

D. HOLIDAY ROYALE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITES, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU.

E. HOLIDAY ROYALE AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITES, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

8. Limitation of Liability

HOLIDAY ROYALE AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITES, THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITES, THROUGH THE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF HOLIDAY ROYALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT HOLIDAY ROYALE'S TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY HOLIDAY ROYALE FROM YOU TO ACCESS THE SITES AND/OR USE THE SERVICES. IF YOUR USE OF THE SITES, SERVICES AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.

9. Indemnification

You agree to indemnify, hold harmless and release HOLIDAY ROYALE and its properties (and their respective employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use or misuse of the Sites, the Services and/or any content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Sites.

10. Local Laws and Export Controls

The Sites and the Services may provide services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Sites shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Sites, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.

These Sites may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

11. Changes to the Sites

HOLIDAY ROYALE reserves the right to modify, suspend or discontinue all or any portion of the Sites and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Sites or Services shall be subject to these Terms of Use. The Sites are currently accessible to users without charge; however, HOLIDAY ROYALE reserves the right to charge users for access to or use of any portion of the Sites or Services in the future. The date of the present version of the Terms of Use is listed at the bottom of the Terms of Use.

12. Failure to Abide by These Terms

HOLIDAY ROYALE may, in its sole discretion, remove Your information from the Sites, warn HOLIDAY ROYALE community of Your actions, issue a warning, suspend or terminate any current activities at the Sites immediately, without notice to You, and refuse to provide our Services to You if You breach these Terms of Use, or if We are unable to verify or authenticate any information that You provide to Us, or if we believe Your actions may cause financial loss or legal liability for You, HOLIDAY ROYALE other Guests or users, or Us. You agree that HOLIDAY ROYALE shall not be liable to You or any third party for any termination of Your access to any Material, Content, the Services, and/or the Sites.

13. Dispute Resolution; Governing Law; Consent to Jurisdiction

Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Clark County, Nevada. HOLIDAY ROYALE on the one hand and You on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If HOLIDAY ROYALE and You are unable to agree on an arbitrator, HOLIDAY ROYALE and You shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Nevada applicable to contracts made and to be performed entirely within such State without regard to Nevada's conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Clark County, Nevada and by accessing the Sites, the parties consent to the jurisdiction of the State of Nevada.

14. HOLIDAY ROYALE Privacy Policy

HOLIDAY ROYALE is dedicated to providing a safe and secure environment for consumers. Although HOLIDAY ROYALE is not a "financial institution" that is governed by the Privacy of Consumer Financial Information Rule of the Gramm-Leach-Bliley Act, HOLIDAY ROYALE is committed to respecting the privacy rights of Guests and Visitors of the Sites and/or Services. For more information, please see our full HOLIDAY ROYALE Privacy Policy.

15. Miscellaneous

You and HOLIDAY ROYALE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use constitute the entire agreement between HOLIDAY ROYALE and You. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

Accessing or using the Sites, Services, and/or Goods may require that You agree to additional terms associated with particular aspects of the Sites, Services, and/or Goods ("Additional Terms"). The Additional Terms and Terms of Use shall apply equally; however, if there is irreconcilable difference between the Additional Terms and Terms of Use, the Additional Terms shall apply.

BY ACCESSING THE SITES, THE GOODS, OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITES, GOODS, OR SERVICES IN ANY MANNER OR FOR ANY PURPOSE.

Except as explicitly stated otherwise, any notices shall be given, if to HOLIDAY ROYALE, by postal mail to HOLIDAY ROYALE. Attn: Terms of Use, 4505 Paradise Rd, Suite 200, Las Vegas, Nevada 89169 or, if to You, using the email address You provide to HOLIDAY ROYALE during the registration process or by postal mail. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to HOLIDAY ROYALE during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENIUM COPYRIGHT ACT.
Revised: December 29, 2009

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