Gecko Hospitality and its affiliated companies, subsidiaries and franchisees (collectively, “Gecko”) provides the geckohospitality.com web site and its related web sites for anyone to use as a platform to review and apply for career opportunities offered by third parties.
This Site is owned and operated by Gecko. Gecko has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site, you understand and agree to all terms and conditions of this Agreement. All changes to this Agreement will be binding on you 14 calendar days after they are initially posted on the Site unless you have not downloaded the Site, in which case they are binding on you immediately.
2. Intended Use
- This Site is intended for your benefit; to learn more about Gecko; to use it to preview, view, store, upload and/or license content (“Content”) via the Site as provided herein.
- You understand that Gecko does not accept any liability whatsoever for any harm that might result from any materials on the Site, including Content posted on the Site.
- You understand that this Agreement is the complete agreement between you and Gecko, and that any statements by Gecko, its employees, agents, and affiliates are provided for informational purposes only.
- User Representations and Limitations
By registering as a User, you agree to be subject to the following conditions and limitations on use, and also make the following representations:
- You will use the Site subject to this Agreement, as amended from time to time;
- You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you will not duplicate, download, publish, modify, or otherwise distribute the material on this Site (including, without limitation, any Content) for any commercial use, or for any purpose other than as described in this Agreement;
- You will not use the Site to publish or transmit third party content, data or information which (A) are subject to copyright protection, unless such use or publishing is permitted under applicable copyright laws; (B) are obscene, blasphemous, defamatory, threatening, or against the public order, morality and binding regulations; (C) or contain trade and/or industrial secrets, infringe service marks or trademarks, patents, copyrights and software, or that, in general, breach confidentiality obligations or violate tangible or intellectual property rights of others;
- You agree any information you provide via the App, including your likes, friends, follows, followers, etc., is provided voluntary, and you are solely responsible for such information. You are the sole controller of any personal data collected through use of the Site and any In-App Purchase program providers, and it is your sole responsibility to ensure the necessary compliance and to adopt all security measures required under current and future legislation;
- You will abide to the laws of the United States or of your nation of residence, or the regulations, conventions, treaties and international agreements applicable to the subject matter.
3. Restriction in Use
a.You must be at least 18 years of age to use this Site. You agree to be solely responsible for maintaining control over the use and/or access to the Site by minors in your family.
- No Sharing of Login of Accounts. You are not allowed to share your login information or account with anyone. Violation of this provision is subject to immediate termination of your account and access to the Site.
c. You must not create accounts falsifying your identity. Gecko further agree to indemnify and hold harmless Gecko and any other user for any claims, costs, or damages resulting from your creation and/or use of a false account.
- Gecko reserves the right to terminate your account, remove, edit, block, and/or monitor content or accounts containing content that Gecko determines, in its sole discretion, violates this Agreement.
- You are solely responsible for your interaction with other users of the Service, and you agree that Gecko is not responsible or liable for the conduct of you or another user.
You may preview much of the Content on the Site without creating an account (“Previews”), at the discretion of Gecko. By viewing any Previews, you agree that all terms of with respect to Content Licenses (provided below) are applicable to your use and viewing of any such Previews.
5. Content License.
a. By using the Site, you receive a non-exclusive, non-transferable, limited license to view the Content exclusively via the Site (a “License”).
b. Any License to Content will only be available to you for viewing via your Gecko account in the Site. Your License is non-transferable. You are not to attempt to copy, download, transfer or otherwise share the Content except as otherwise provided herein.
c. Content may be removed from the Site at any time, at Gecko’s sole discretion. In the event Gecko removes and Content, your License to such Content is automatically terminated. Some circumstances that may warrant removal of Content include, without limitation: (1) the Content violates the copyright or other rights of a third party, (2) the Content is obscene or otherwise violates the terms and policies of Gecko; or (3) your breach of this Agreement
d. Proprietary Rights. Your License authorizes you to view or download the material on the Site solely for your personal, noncommercial use in the U.S. You understand that you are not purchasing the Content, nor acquiring any intellectual property rights. Instead, you are granted only a license to view the Content in accordance with this Agreement. Content available through the Site may include trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our licensor’s materials. You acknowledge and agree that the Content is protected by under both United States and foreign intellectual property laws, including copyrights, trademarks, service marks, patents or other proprietary rights and laws. Title to the Content remains with Gecko or its licensors. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, distribute (electronically or otherwise), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Site, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Site or the Content. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice, at the editorial discretion of Gecko. All rights not expressly granted herein are reserved to Gecko and its licensors
e. If you violate any of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
f. You agree that you are responsible for all data and other related system access charges you may in connection with your use of the Service and Site.
6. Claims of Copyright or Trademark Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Gecko also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Gecko infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gecko to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Gecko will not respond to complaints that do not meet these requirements. If Gecko determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Gecko will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Gecko may be found, and that you will accept service of process from the person who provided the original complaint; and (3) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
- Limitation of Warranties and Remedies. To the full extent allowed by law, Gecko disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. Gecko neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the services on the Site. In no event will Gecko be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if Gecko has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
- Indemnification. You agree to defend, indemnify, and hold harmless Gecko and its officers and employees (the “Gecko Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that Gecko may incur arising out of or resulting from the use of the Site or any of the services of Gecko.
- Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the State of Florida without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to arbitration to be conducted pursuant to the AAA Rules using a single arbiter, and with any such arbitration to be conducted in Lee Coiunty, Florida with regard to any dispute relating to this Agreement.
- Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You and Gecko agree that the following limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Notice. Any notices or communications sent by you to Gecko pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as Gecko may specify in writing.
All notices will be sent to: Email: firstname.lastname@example.org
8. Additional Information
- Plugins/Third Party Applications. Gecko may, in its sole discretion, provide you with advertisements or links to access third-party applications through the Site, which interface with Gecko application programming interfaces (“Gecko APIs”) (for purposes of this Agreement, such third-part applications are “Developer Apps”). Such Developer Apps use Gecko APIs, but are not endorsed by Gecko. Use of such Developer Apps by you is voluntary. Use at your own risk. Gecko makes no representations or warranties regarding your use of any Developer Apps, which shall be governed by a separate agreement between you and the owners of such Developer Apps. You agree that Gecko has no liability whatsoever for the Developer Apps, including, without limitation, providing continued access to the Gecko APIs, technical issues related to the Developer Apps or their interaction with the Gecko APIs, and any damages or claims caused by or arising out of the Developer Apps. Gecko may change, suspend, or discontinue any aspect of the Gecko APIs at any time, including the availability of any Gecko APIs. Gecko may also impose limits on certain features and services or restrict Developer App’s access to parts or all of the Gecko APIs or the Gecko Site without notice or liability.
- Trademarks. Gecko Hospitality geckohospitality.com, the Gecko logo, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Gecko. All rights are reserved. All other trademarks appearing on the Site are the property of their respective owners.
- Copyrights. The Site contains copyrighted materials and other proprietary information, including, without limitation, downloadable files, text, software, photos, video graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Gecko and the copyright owner.
- Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Gecko. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any material available through the Site.
- Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us by sending an email to the following address: email@example.com