PRIVACY POLICY
This Terms of Use and User Agreement ("Agreement") applies to all Users of the Website and is a binding, legal contract between each User of the Website ("User" or, as appropriate, "you" or "author")
Users cannot be under the age of 13. By entering into this Agreement, you represent and warrant that (i) you are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective User who is between the ages of 14 and 18 and that you are entering this Agreement on behalf of that prospective User.
By using the Website and/or registering on the Website, you accept the terms and conditions of this Agreement, and you warrant and represent that you have the legal capacity to enter into this Agreement. You also agree that you are authorized to use the Website only if you agree to abide by all applicable laws and to this Agreement.
A. Definitions
"User" or "you" means a person or legal entity registered to use the Website.
"Personal Information" means (i) information about User provided to Aruba Tourism Authority in connection with registration on the Website; and/or (ii) Personal Information you place, post, or make on the Website about yourself. Personal Information may include but is not limited to any information that could be used to identify you.
"Privacy Policy" means the Privacy Policy applicable to the Website.
B. License and Site Access
Aruba Tourism Authority grants you a limited license to access and make personal use of the Website and the data contained therein. The license does not include any resale or commercial use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent.
C. Electronic Communications
When you visit the Website or send e-mails or other electronic communications via the Website, you are communicating with the Website electronically. You consent to receive communications from the Website electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
D. LINKS
The Aruba Tourism Authority provides links to other web sites which may be of interest to Users of our site solely for the convenience of Users. The sponsors of linked websites are responsible for the editorial content of such sites. These linked web sites may also provide reservation capabilities. The Aruba Tourism Authority does not endorse nor assume any responsibility for such content or transactions made via these linked websites.
"Content" means any work of authorship or other form of expression made or placed on the Website by a User, including but not limited to images, graphics, photographs, videos, information, data, files, text, ideas, refinements, suggestions, comments, feedback, votes, ratings, reviews, sounds, music, contributions and all other substantive input of any kind. Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Website.
The interactive nature of postings on the Website makes it impossible for Aruba Tourism Authority to assume responsibility for any Content placed on the Website by a User.
User agrees that Content placed on the Website by another User is the sole responsibility of the User who placed the Content on the Site, and User’s sole recourse for any damage User may suffer as a result of such Content shall be to and against the User who placed the Content on the Site.
For all Content made, placed, or posted on the Website by User, and for all revisions or modifications to such Content, User grants to Aruba Tourism Authority the “License” to use for marketing or public relations purposes.
By uploading Content to the Site, each User represents and warrants, at all times, that the Content:
Is (i) an original work of authorship of the User; (ii) owned by the User; or (iii) to the extent owned by someone other than the User, the owner of the Content has expressly authorized and permitted (a) User to place or post the Content on the Website and (b) all such Content to be published by Aruba Tourism Authority or a third party.
Is not Personal Information about anyone other than the User.
Does not violate any copyright, trademark, trade secret or other intellectual property right of a third party.
Does not violate a third party’s right of privacy or publicity.
Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to Aruba Tourism Authority.
Does not include viruses, Trojan horses, worms, time bombs, cancel bots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Website.
Is not unlawful and does not violate this Agreement or any regulation or Aruba Tourism Authority rule or policy.
Does not breach a duty of confidentiality by which User is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Is not “spam.”
Does not promote or offer goods, services, schemes, or promotions.
Is, to the best of User’s knowledge, true and accurate and will not result in physical harm to any person.
User further represents and warrants that User will not use the Website to:
Upload, post, email or otherwise transmit any Content that provides any telephone numbers, street addresses, last names URLs or email addresses for anything but User’s own transactions made on or in connection with the Site.
Engage in commercial or other promotional activities within the Website not related to the User’s own transactions made on or in connection with the Website;
Harm minors in any way;
Solicit personal information from anyone under 18;
Provide false or deceptive information;
Delete, add or otherwise change other people’s entries or other Content when User has not been granted the express privilege to do so; or Allow usage by others in such a way as to violate this Agreement.
Aruba Tourism Authority reserves the right to remove or edit Content that, in Aruba Tourism Authority’s sole discretion, violates the representations and warranties above or otherwise violates Aruba Tourism Authority’s rules or policies or this Agreement.
Aruba Tourism Authority reserves the right and User agrees that Aruba Tourism Authority has the right to suspend and/or ban a User, at Aruba Tourism Authority sole discretion, for conduct or content that violates the representations and warranties above, Aruba Tourism Authority’s rules or otherwise this Agreement.
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Aruba Tourism Authority's systems, assets, employees, members and customers; (b) to ensure the integrity and operation of Aruba Tourism Authority business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Aruba Tourism Authority’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of Aruba Tourism Authority’s privacy policy.
You agree to defend and indemnify Aruba Tourism Authority 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:
(i) Your breach of this Agreement or the documents referenced herein;
(ii) Your violation of any law or the rights of a third party;
(iii) Your use of this Website.
This Website is operated by Aruba’s entity and this Agreement is governed by the laws of Aruba. You hereby consent to the exclusive jurisdiction and venue of courts in Aruba and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Aruba Tourism Authority arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Aruba. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Aruba Tourism Authority and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Aruba Tourism Authority with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Aruba Tourism Authority with respect to this Website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.