At CastleHotels.com, a website of Eterna Link Enterprises Pty. Ltd (ETERNALINK), of Australia, we, ETERNALINK, wish to (1) avoid any problem with third party copyright, (2) generally ensure that the site keeps to its purpose of providing information on castle properties throughout Europe and, of course, (3) prevent any potential abuses of our system.
Further, by registering on CastleHotels.com or related websites managed by ETERNALINK or its affiliates, you agree to the following:
1. Filtering, editing and/or periodic review of the contents of your communications and submissions, in an effort to ensure accuracy and readability of information you submit, to promote sales or licensing of listings, and/or to ensure that the services are not being abused or used for any illegal or inappropriate purposes as defined under any applicable laws.
2. You will not submit, use, paste, or upload, download, or cut-and-paste copyright protected works for which you do not at least have a transferrable license or right to use such works, and you assume full responsibility for any copyright violations for your unauthorized use of such works.
3. As a non-reviewer, if you own copyright in the work, or have a sub-licensable license in the work, you grant ETERNALINK a fully paid up, non-exclusive, non-revokable and transferrable, license in your copyright, to the extent it is under your control, and, if you have a license which may only be transferred in its entirety, you assign your rights under a license, to ETERNALINK and you agree that ownership in any works you create or submit to or publish on this site, licenses to use such works, or suggestions for improvement to the site or our services which you make to us in the future are automatically assigned to, or where not assignable, sublicensed to ETERNALINK under the above terms.
4. The decision to take down or not to publish your listing or posting is the sole discretion of ETERNALINK, for which ETERNALINK need provide no explanations. If you attempt to post material which, in ETERNALINK's view, violate the norms of common decency or are even marginally risqué, you now give ETERNALINK the right to edit your submission, refuse to publish such information, delete such information, or unpublish such information, and/or terminate your account and, to compensate ETERNALINK for their efforts of ensuring appropriate content for other clients and visitors, you give ETERNALINK the right to retain any fees you've paid. If ETERNALINK deems content on your listing or posting inappropriate for the site or sites on which you wish to publish or make your listing or posting available, but which is not otherwise indecent, you grant ETERNALINK the right to modify the published sites it chooses, publishing only on those which in ETERNALINK's sole judgment are appropriate for such content. The goal of this effort is to ensure that those who visit ETERNALINK's family of web sites will be pleased with the content they find and will not be offended by such content, a visitor to CastleHotels.com finding content one would find appropriate to a commercial Castle website, and, likewise, a visitor would find things one would expect to find in a main stream, commercial, informational website which promotes castle properties. You agree that any of the public listing or postings you create may be displayed or republished on appropriate affiliate sites.
5. ETERNALINK reserves the right to allow advertising at any time now and in the future. You consent to such advertising appearing appearing on your listing or posting or your sole remedy is to ask that the listing or postings be removed without recourse to a refund for any fees already paid.
6. For all disputes that may arise out of your use of this website, you agree to binding, confidential expedited Arbitration of all disputes under Swiss law in Geneva, Switzerland, according to the World Intellectual Property Rules of Arbitration.
Upon registration, and to the extent the rights you provide ETERNALINK allow it, ETERNALINK grants you a royalty-free lifetime license to modify, delete or otherwise alter copies of works which you have licensed and/or assigned to us and/or do assign to us in the future. Any modifications to such works you’ve uploaded to this website may or may not be accepted by ETERNALINK.
We reserve the right to accept, or not , any listing or registrant at our sole discretion without notice. For example, any sending of unsolicited or inappropriate emails or letters will result in the suspension of the forwarding services without refund, at the sole discretion of ETERNALINK. Further, you agree to provide accurate information about yourself and use your real name, and to pay for our services using a method clearly identified with your real name, such as credit card payment, that allows us to verify whether the person paying and the person registered is one and the same person. You agree that if your identity at time of payment does not match the name you registered with, we may cancel your membership and refund any fees paid, minus a handling charge sufficient to cover our cost for having processed the payment.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in ETERNALINK pages or communications. Although ETERNALINK may attempt to take all reasonable steps to ensure that your requests or service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.
You understand and agree that, when used in this website, the term "unlimited" when referring to storage space, means "unlimited within reason" or as otherwise limited by footnote, whichever is less, and ETERNALINK may reject any uploads that exceed acceptable size limitations and which are not necessary for purposes of creating a thoughtful and accurate listing or posting of appeal to visitors of any of the ETERNALINK websites.
Website Contents
You are responsible to backup any data you post on this website. By signing up, you give the promoter(s) of this website the right to delete your site or sites in their entirety
Reviewers
By signing up as a reviewer, ownership of your comments and reviews, as well as photographs, to the extent they are under your control, are automatically assigned to the promoter(s) of this website and you retain a non-exclusive license to use the same. All data you upload may be modified or deleted by the Promoter(s) of this website without notice, in order to promote the purposes of this website. The goal of allowing the reviews by you is to populate the site with content which we can modify to suit the purposes of this website. You are hereby informed and made aware of the fact that control of your uploaded content may be assigned or leased to a commercial user, for a fee if feasible, in order to generate revenues for this website and or its promoter(s). For example, it is a specific purpose of this website to encourage reviewers to create/register a castle profile, review a castle property, and then sell or lease control of the content to a castle property promoter or owner to allow them to delete or revise the registration and even delete negative reviews. At their own and sole discretion, the promoters of this website will endeavor to transfer any commentary, positive or negative, that might be posted in a castle registration to a review section, in order to preserve the reviewer’s opinions.
Purpose of this Website
To promote and build a community of individuals, businesses and institutions to promote castle properties around the world, and to do so at a profit where feasible.
Promoter(s) of this Website
The promoter(s) of this website are determined by agreement between Eternalink Enterprises Pty Ltd, and John B. Moetteli. All rights which are assigned or licensed are assigned to the designed promoter(s) or, if no designation has been formally made, to John B. Moetteli of Arbon, Switzerland.
ETERNALINK OFFERS ITS SERVICES WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BY SUBMITTING A LISTING OR POSTING, SUBSCRIBING TO OUR SERVICES OR REGISTERING YOUR EMAIL WITH US, YOU AGREE THAT ETERNALINK (OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, ITS PARENT, SUBSIDIARIES, OR EMPLOYEES, HEREIN "ETERNALINK") LIABILITY TO YOU, SHALL IN NO INSTANCE EXCEED $10US OR THE COST OF SERVICE YOU ORDER, WHICHEVER IS GREATER, AND THAT YOU AGREE NOT TO JOIN IN ANY CLASS ACTION SUIT AGAINST ETERNALINK FOR WHICH THE TOTAL AGGREGATE DAMAGES SOUGHT EXCEED $1000US, EVEN THOUGH IN SUCH CASE YOUR PRO-RATA DAMAGES DOES NOT EXCEED THE GREATER OF $10US OR THE COSTS OF THE SERVICE YOU ORDER. IN OTHER WORDS, YOU AGREE AND UNDERSTAND THAT ETERNALINK LIABILITY UNDER ALL CIRCUMSTANCES IS CAPPED AT $1000 US FOR ANY ACTION OR INCIDENT. YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR YOUR POSTING AND FOR YOUR BREACH OF THESE TERMS OF SERVICE AND THEREFORE YOU OR YOUR ESTATE AGREE TO INDEMNIFY AND HOLD ETERNALINK HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, EXPENSES, OR LOSSES FOR DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY, INCLUDING REASONABLE ATTORNEY'S FEES ARISING DIRECTLY OR INDIRECTLY (i) FROM INFRINGEMENT BY YOU OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT OR (ii) FOR YOUR DIVULGING ANY CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION OF OTHERS, OR FOR ANY LIABILITY FOR SLANDER, OR LIBEL RESULTING FROM ANY COMMENTS OR (iii) POSTINGS YOU MIGHT MAKE ON YOUR LISTING OR POSTING THROUGH ANY OTHER ETERNALINK SERVICE, OR (iv) OTHERWISE, WITHOUT LIMITATION, FROM YOUR BREACH OF THESE TERMS OF SERVICE.
You agree not to use our services for any unlawful purpose, or for any purpose intended to harm or in preparation of harming any living person. Further, you certify that you are 21 years of age or older and are legally capable of entering into this contract. In addition, you understand that, for reasons of security, ETERNALINK may at any time require that you prove your identity or age via submission of a copy of a drivers license or passport. Once submitted, you hereby grant ETERNALINK the irrevocable authority to disclose your identity including submitting any proofs of identity management has in its possession to authorities for the purpose of any criminal investigation. Violation of the terms of this Service Agreement or failure to provide this identification to the satisfaction of management may result in cancellation of your registration without refund for fees already paid at the time of cancellation.
In the event that ownership of our company changes such that at least 30% ownership interest is sold to a third party, you agree that any prior obligations owed you by us, other than to take down the listing or posting you've created when asked, cease and new terms of service may be substituted for the prior terms of service without the requirement of further notice to or consent from you.