Last updated: August 2024
These terms and conditions constitute a legally binding agreement between Penrod Management Group Inc.1 Ocean Drive, Miami Beach, FL 33139. USA and its affiliates (“Nikki Beach“, “us“, “our“, or “we“) and the individual who uses the Site.
These Terms and conditions together with any agreements, policies (including Nikki Beach privacy policy) or any other terms incorporated thereto by reference shall hereby be collectively referred to as the “Terms“. The Terms, as well as all applicable laws and regulations, govern your use of our website https://nikkibeach.com, or any of its subdomains (together, the “Site“).
By accessing or using our Site, you agree to these Terms. Please read these Terms carefully before using our Site. Your use of the Site is expressly conditioned on your compliance, and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Site.
Your use of the Site
This Site is to be used by you for your personal use only. Commercial use of this Site is strictly prohibited unless prior written consent from Nikki Beach has been granted. You agree that you will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to this Site without the express written permission of Nikki Beach.
When using the Site, you must act responsibly and exercise good judgment. This means, among other things, that you will not (a) violate these Terms, or any applicable law or regulation (b) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights; (c) use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain Nikki Beach prior express written consent; (d) through any means, interfere or attempt to interfere with the proper functioning of the Site; (e) transmit any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; (g) publish any content that may create liability for Nikki Beach or cause Nikki Beach to lose (in whole or in part) the services of our suppliers; (h) use the Site or any part thereof, in any fraudulent or unlawful manner, or in breach of these Terms; (i) upload, disseminate or otherwise use the Service in connection to abusive content (i.e., any material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable).
You understand and agree that Nikki Beach may (but is not obligated to) review and remove or block any abusive content of any kind.
Eligibility
By agreeing to these Terms, you represent and warrant that you are above the age of eighteen (18) or otherwise above the age of majority as determined in the jurisdiction in which you reside (“Age of Majority“) and can form legal binding contracts under applicable law. Any registration, use of or access to the Site by anyone under the Age of Majority is unauthorized and in violation of these Terms. If we have any reason to believe that you are under the Age of Majority, we may prohibit you from using or accessing the Site (or any portion, aspect or feature thereof).
Links to third party websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Nikki Beach. Reservations for Nikki Beach resorts, hotels, clubs or any other properties (collectively referred to as “Nikki Beach Property(ies)“) are made through our trusted partner. Nikki Beach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Nikki Beach shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Reservations and bookings are managed directly by the respective Nikki Beach Property. For any questions, complaints, or issues regarding your reservation or stay, please contact the specific Nikki Beach Property where the reservation was made. Nikki Beach Properties handle all aspects of reservations and bookings independently.
Proprietary rights information
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Nikki Beach and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Nikki Beach and/or other parties is granted to or conferred upon you.
Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site or any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Nikki Beach trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
Trademarks
The trademarks, logos and service marks displayed on this Site (collectively, the “Trademarks”) are registered and common law trademarks of Nikki Beach, its affiliates and various third parties. Any reproduction or use of any of the contents of this Site without the express written consent of Nikki Beach is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of Nikki Beach or such other party that may own the Trademarks.
Copyright
This site, including each of its modules, is the copyrighted property of Nikki Beach and/or its various third-party providers and distributors. This Site and the content provided on this Stie may not be copied, reproduces, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Nikki Beach. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use od such materials on any other web site or in any environment of networked computers is strictly prohibited.
Notice and procedure for making claims of copyright infringement
Nikki Beach respects the intellectual property rights of others. If you think that you work has been copied in a manner that constitutes copyright infringement, please send the following information to it.support@nikkibeach.com:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Availability, errors, and inaccuracies
Product descriptions posted on our product pages are the representation of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Nikki Beach is not responsible for typographical, pricing, product information, product images, specification, availability, advertising, or shipping errors. Advertised prices and available quantities are subject to changes without notice. Nikki Beach reserves the right to make change, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
Exclusion of warranty, disclaimer
You agree that you use the Site at your own risk. The Site, and any related information contents and/or materials are provided on an “as is” basis without warranties of any kind. Nikki Beach hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title or implied warranties of merchantability; fitness for a particular purpose; non-infringement; and those arising by statute or otherwise in law or from a course of dealing or usage of trader other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Nikki Beach shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your access to, use of, or inability to use this Site.
Force majeure
Nikki Beach shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Nikki Beach’s reasonable control, including, without limitation, act of God, war, riot or civil commotion, governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, or any other similar cause.
Indemnification
You hereby agree to indemnify and hold Nikki Beach, its affiliates, and their respective officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Site.
Termination
Nikki Beach reserves the right to terminate your access to the Site, without any advance notice, if it believes you have violated any of these Terms.
Governing law
Any disputes arising out of or related to this Site shall be governed and construed and enforced in accordance with the laws of the State of Florida.
Changes to these Terms
Nikki Beach reserves the right to modify these Terms at any time. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
Contact us
If you have any questions about these Terms, you may contact us at it.support@nikkibeach.com
