Welcome to the Terms & Conditions of Use for this website (the “Site”). Your use of the Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights.
The Site offers information on properties managed, franchised, owned, licensed, or developed by Music City San Francisco. As used throughout the Site, the terms “Music City,” “MCSF”, “the Company,” “our,” “we,” “us,” “our,” and other similar terms are used for convenience only and are not intended as a precise designation of any of particular entity.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.
Use of Cookies
The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a web site. These cookies are then sent back to the originating website when you visit that site again or to another site that recognizes that cookie.
Use of the Site
General
You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. The services of the Site are not intended for and should not be used by minors. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through this Site. You agree to comply with these Terms & Conditions and any such applicable additional terms and conditions.
Accounts / Passwords
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.
Reservations
Music City San Francisco provides the Sites solely to permit you to determine the availability of certain goods and services. You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorized in advance to act. Unless you have obtained prior written permission from Music City San Francisco, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party websites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms). Reservations made in violation of these Terms & Conditions may be canceled without notice in Music City San Francisco’s sole discretion. Music City San Francisco further reserves the right to cancel reservations without notice that are transferred in violation of these Terms & Conditions.
Credit Card Information
The storage of credit card information on the site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Music City San Francisco may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Music City San Francisco with your account information or your Music City San Francisco Gold Passport credentials or if you have established a link with such devices.
Music City San Francisco’s Right to Cancel / Errors / Mistakes
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Music City San Francisco assumes no responsibility or liability for such errors, inaccuracies, or omissions. Music City San Francisco shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Music City San Francisco shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
Promotional Information
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Music City San Francisco reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Prohibited Uses
Any commercial use of this Site is expressly prohibited unless you have obtained prior written consent from Music City San Francisco. You may not use this Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Music City San Francisco’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Music City San Francisco’s prior express written consent.
Privacy & Confidentiality
Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to Music City San Francisco’s Privacy Policy, which is hereby incorporated into these Terms & Conditions. Any communications such as searches, questions, comments, suggestions, requests and similar communications submitted by you to Music City San Francisco are not confidential communications, and Music City San Francisco shall be free to use, reproduce, publish, distribute, and disclose such communications. Music City San Francisco is under no obligation to protect such communications from disclosure. Music City San Francisco may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Music City San Francisco is also free to use for any purpose whatsoever any ideas, concept, content, techniques, or know-how in such communications without limitation and without any obligations to you.
Browsing Habits
The Site may tailor information, offers, and other content based on your browsing habits on the Site and your geographic location.
Links
The Site may contain links to other websites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Music City San Francisco provides these links solely as a convenience to you. The inclusion of these links in no way indicates Music City San Francisco’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Music City San Francisco’s express prior written consent.
Miscommunications / Lost Transactions
Music City San Francisco is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Music City San Francisco is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
Availability
The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
General / Ownership
Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Music City San Francisco or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Music City San Francisco’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.
Copyright
Unless otherwise noted, all content on this Site is the copyrighted property of Music City San Francisco or its affiliates or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
Music City San Francisco Trademarks
Music City San Francisco®, Music City Hotel®, Music City Rehearsal®, Music City Radio®, Music City Hall of Fame®, and San Francisco Student Housing® and other related marks used on the Site are trademarks of Music City San Francisco and its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Music City San Francisco and protected by the trademark laws of the United States and other jurisdictions.
Notice and Procedures for Making Claims of Copyright Infringement
Music City San Francisco respects the intellectual property rights of third parties. Music City San Francisco responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Music City San Francisco believes that it is liable for any copyright infringement for which we are provided notice, Music City San Francisco’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Music City San Francisco’s sole discretion and operating within the parameters of the DMCA.
General Legal Terms
Right to Restrict Access
In addition to any other rights or remedies that may be available to Music City San Francisco, Music City San Francisco may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Site at any time and without notice.
Warranty Disclaimer
Your use of the site is at your own risk. The site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Limitation of Liability
Neither MUSIC CITY SAN FRANCISCO nor any MUSIC CITY SAN FRANCISCO parent nor any MUSIC CITY SAN FRANCISCO subsidiary, division, affiliate, agent, representative or licensor shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the site or any materials, opinions or recommendations of third parties on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MUSIC CITY SAN FRANCISCO has been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, MUSIC CITY SAN FRANCISCO’S liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against MUSIC CITY SAN FRANCISCO, its parent, and its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the site or any materials, opinions or recommendations of third parties on the site.
Jurisdiction / Governing Law / Choice of Forum
This Site is controlled and operated by MUSIC CITY SAN FRANCISCO from its offices within the State of California, United States of America. MUSIC CITY SAN FRANCISCO makes no representation that the content or materials on this Site are appropriate or available for use in other locations.
These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near San Francisco, California, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
No Waiver
MUSIC CITY SAN FRANCISCO’S failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
Contact
If you have any questions or concerns regarding this Site, please contact us at:
Music City San Francisco
1353 Bush St.
San Francisco, CA 94106
frontdesk@musiccityhotel.org
As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.
Revised 03/17/23
