Terms of Use

Last Modified: March 24, 2017

Acceptance of Terms. These terms of use are entered into by and between You and 21c Museum Hotels LLC (“21c Museum Hotels”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of our website, including any content, functionality, and services offered on or through www.21cmuseumhotels.com, www.shopat21c.com, or any pages associated therewith (collectively, our “Website”).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE. THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND YOU REPRESENT AND WARRANT BY USE OF THIS WEBSITE THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS THE WEBSITE.

Access to and Use of the Website. Your access and use of this website is subject to these Terms of Use and all applicable laws, statutes, and/or regulations. You consent to the collection and use of information you submit through the Website in accordance with these Terms of Use.

You may use the Website only for lawful purposes. You agree to not use any software, scheme, or device to interfere or attempt to interfere with the proper working of this Website, or otherwise attempt in any way to interfere with the proper working of the Website. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related services, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related services for violating any of the prohibited uses.

Personal Information Privacy Notice. The privacy of your personally-identifiable information is important to us. For information about how we treat your personal information, please see our Privacy Notice.

Reservations. It is your responsibility to confirm any reservations or other important transactions you have conducted through this Website by another source, such as mail or by phone, to ensure that such transaction was received and acknowledged by us.

Online Purchases. All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms and Conditions of Online Sales and our Returns and Refunds Policy, which are hereby incorporated into these Terms of Use by reference.

Copyrights. The Website and its entire contents, features and functionality, including without limitation any photographs, information and materials on the Website, are protected under United States copyright laws and worldwide copyright laws and treaty provisions and are owned by 21c Museum Hotels or its licensors. If you are a patron, you may download a copy of any of the materials on this Website for personal, non-commercial use, provided you do not delete or change any copyright or trademark notice. You must obtain the permission of 21c Museum Hotels to make any other use of the materials. You may not reproduce, distribute, transmit, reuse, report or use the content of this Website for public or commercial purposes.

Trademarks. The 21c Museum Hotels name, the terms “21c”, “Proof on Main”, “Metropole”, “The Hive”, “Lockbox”, “Gray & Dudley”, “Mary Eddy’s Kitchen x Lounge”, “Counting House”, and the Penguin Design mark, and all related names, logos, product and service names, designs, and slogans are trademarks of 21c Museum Hotels or its affiliates or licensors. Use or reproduction of our trademarks or logos is prohibited without our express, prior written permission.

User Comments, Feedback, and Other Submissions. If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Linking to the Website; Social Media Features. In no case may you create any kind of hyperlink to or framing of this Website without the prior written consent of 21c Museum Hotels. You may use social media features solely as they are provided by us and in accordance with additional terms and conditions applied to such social media features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties. THIS WEBSITE IS PROVIDED AS A SERVICE TO OUR CUSTOMERS AND THE INTERNET COMMUNITY AT LARGE. IT HAS BEEN DESIGNED TO PROVIDE GENERAL INFORMATION ABOUT OUR PRODUCTS AND SERVICES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION, NOR DO WE GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.  ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

YOU AGREE TO USE THIS WEBSITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEBSITE AND TO CONFIRM THE ACCURACY OF THE INFORMATION CONTAINED IN THIS WEBSITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF GOD AND/OR TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE INFORMATION CONTAINED HEREIN IS CURRENT AND ERROR-FREE. FURTHER, WE PROVIDE THE THIS WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ANY SERVICES OFFERED OR SOLD THROUGH THIS WEBSITE.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Limitations on Liability. YOU AGREE THAT IN NO EVENT WILL 21C MUSEUM HOTELS OR 21C MANAGEMENT (OR ANY OF SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES OF THE FOREGOING) BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE PURCHASE OF SERVICES THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR WEBSITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.YOU AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US (IF ANY) FOR THE SERVICES OUT OF WHICH THE LIABILITY AROSE. TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS AGREEMENT, YOU AGREE THAT YOUR ONLY OTHER REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification. You agree to defend, indemnify, and hold harmless the 21c Museum Hotels, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information or content obtained from the Website.

Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any claim arising from or dispute related thereto is governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles, but including any laws relating to statutes of limitations. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the Commonwealth of Kentucky and County of Jefferson, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement, Waiver, and Severability. These terms, the Terms and Conditions of Online Sales, and the Returns and Refunds Policy constitute the sole and entire agreement between you and 21c Museum Hotels with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Failure to assert a right or provision under these Terms of Use shall not constitute a waiver. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be limited to the minimum extent such that the remaining provisions will continue in full force and effect.

Changes to the Website. We may update and amend these Terms of Use at any time in our sole discretion by posting the modified version of such Terms of Use on this Website. The modified version of the Terms of Use will automatically become effective with respect to you after it is first posted on the Website, and will apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.