Legal Notice | Thai Garden Resort Hotel

LEGAL NOTICES

THAI GARDEN RESORT HOTEL WEBSITE TERMS OF USE – EFFECTIVE AS OF 12/21/23

IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this “Agreement”).
PLEASE READ THIS AGREEMENT BEFORE USING THIS SITE. LAST UPDATED 12/21/23.

This Agreement governs your use of the Internet site located at thaigarden.com, including all webpages, applications, “Contents” (as defined below), and goods, services, features, and functions provided or offered on or through this site (collectively, the “Site”). This Agreement is by and between Thai Garden Resort hotel (“Thai Garden Resort,” “we,” “us,” or “our”) and you, whether you are accessing the Site on your own, through an intermediary, or on behalf of any other person or entity (“you”). By viewing, accessing, posting on, interacting with, engaging in transactions of any kind on or through (including but not limited to making reservations), and/or otherwise utilizing this Site or the Thai Garden Resort Mobile App (hereinafter, the “Application,” as referenced below) (the foregoing activities are referred to collectively as “Using” or “Use”), you hereby agree to the terms set forth herein, and in Thai Garden Resort’s Privacy Policy, located at Privacy Policy. By using the Application, in addition to the foregoing terms, you agree to the terms and conditions governing the use of the Application as set forth in the “Application License Agreement” (the “EULA”). The EULA is automatically accessible upon downloading the Application from any online app store (such as iTunes or Google Play). If you do not agree to the aforementioned terms, you are not authorized to use this Site or the Application.

We reserve the right, in our sole discretion, to modify, add, or remove portions of the terms of this Agreement at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon posting of the changes to legal updates. Therefore, please check thaigarden.com periodically for such changes. By continuing to use the Site following the posting of changes to this Agreement, you accept all such changes.

Please note that additional terms and conditions may apply to making reservations, check-in, check-out, purchases, and other transactions or activities on or through this Site or the Application. You agree to comply with the terms and conditions set forth herein and any applicable additional terms and conditions.

We reserve the right in our sole discretion to revoke or deny your access to the Site and/or the Application if you violate any provision of this Agreement or the EULA.

ELIGIBILITY

As a condition of your Use of the Site and/or the Application:
(i) you must be at least 18 years of age;
(ii) you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement; and
(iii) your Use of the Site and/or the Application must not violate any law, statute, ordinance, rule, or regulation. You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site or the Application.

RESTRICTIONS ON USE OF SITE AND CONTENT

Except as set forth below with respect to “Communications” (as defined below),
(i) all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site are owned or licensed by Thai Garden Resort (collectively, the “Content”); and
(ii) you may not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license, or sublicense the Content or use the Content to create derivative works in any form, manner, or by any means, for any commercial purpose without the prior written permission of Thai Garden Resort.

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes.

This Site displays or references valuable trademarks owned by Thai Garden Resort (including, but not limited to, the “Thai Garden Resort” logo and other related trademarks). The Marks and related proprietary property are protected from copying and simulation under national and international laws, and you may not reproduce, download, upload, copy, or otherwise use the Marks in any manner without the express prior written permission of Thai Garden Resort. Many of the Marks are registered in the local and international trademark offices. Other trademarks referenced on this Site are the property of their respective owners.

The Site may contain or reference the Marks, and/or other trademarks, service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights (collectively the “IP”) owned by Thai Garden Resort and/or other parties. No license to or right in any such IP is granted to you, and you may not use the IP for any purpose except as otherwise permitted herein or as permitted by law.

In addition to the foregoing restrictions, you further agree that in connection with your Use of the Site, you will not in any manner:

Use any devices or mechanisms, including but not limited to software, routines, malicious code, engines, tools, robots, spiders, crawlers, data mining tools, viruses, worms, Trojan horses, malware, programs, time bombs, or other harmful components (collectively, “Devices”) or engage in any conduct to (i) interrupt, disrupt, alter, destroy, impair, restrict, tamper with, or interfere with the proper operation of, access to, or provision of services to the Site, or (ii) monitor, scrape, download, or copy the Site or the Content.
Provide or send us any information or data that includes any Devices.
Engage in any conduct that creates or is intended to create liability for Thai Garden Resort.
Reverse engineer any software used in connection with the Site, or violate any security or authentication measures to prevent unauthorized access to the Site.
Send unsolicited advertising, promotional materials, or spam; forge any email headers; or impersonate others.
Engage in any conduct that infringes upon any other party’s intellectual property rights or violates any applicable law or regulation.

ADDITIONAL RESTRICTIONS ON USE OF THIS SITE

Additional restrictions on the use of this Site are set forth in other provisions of this Agreement.

RESERVATIONS AT THAI GARDEN RESORT

You shall make only legitimate reservations in good faith for use by you and/or your invited guests and/or others on whose behalf you are authorized to act. Reservations must not be made for any other purpose, including but not limited to reselling, impermissibly assigning or posting on third-party websites, making speculative, false, or fraudulent reservations, or any reservations made in anticipation of demand. We reserve the right to cancel or modify reservations at our sole discretion for any reason, including where it appears that a customer has engaged in fraudulent or inappropriate activity or when it appears that a reservation contains or resulted from a mistake or error, even if such mistake or error is on our part. If you wish to contest the cancellation of a booking or the freezing or closure of your account, please contact our Customer Support team.

PASSWORDS

Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“Passwords”). You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice, including, for example, if you violate any part of this Agreement.

COMMUNICATIONS

With respect to all communications you make available, provide, or send to Thai Garden Resort, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, hotel reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, techniques, and/or any other materials (“Communications”), and all Communications you post, display, or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) Thai Garden Resort a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right and license to:

(i) Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display, perform, and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production, and marketing of products and services that incorporate such Communications;
(ii) Use the name you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on a hotel review that you submit) at our sole discretion;
(iii) Pursue legal action against any person or entity that violates your or our rights in the Communications by breaching these Terms.

You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your Communications.

We take no responsibility and are not liable for any Communications posted on the Site or submitted by you. We have no obligation to post your Communications and reserve the right, in our sole discretion, to determine whether to publish and/or keep Communications on the Site. We may monitor and review Communications transmitted or received through the Site and censor, edit, remove, or prohibit the transmission or receipt of Communications (in whole or in part) that we deem inappropriate or in violation of this Agreement. During monitoring, your Communications may be examined, recorded, or copied by us, and your use of the Site constitutes your consent to such monitoring, recording, and review. The above is limited only by our commitment and obligations pertaining to your personal information set forth in the Privacy Policy. If you do not agree to these terms, please do not use the Site or the Application.

Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify, and/or otherwise exploit your Communications.

Please do not send us any confidential messages, and please use Internet email only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet email to send us transaction instructions (including, for example, instructions involving credit card, wire transfer, routing, banking, or other confidential information). Customers who choose to send Internet email messages to Thai Garden Resort that contain confidential, private, or personal information do so entirely at their own risk.

ACCESSIBILITY COMPLIANCE

We strive to provide our products and services in a manner that is accessible to all of our customers and respect the dignity and independence of people with disabilities. Our Accessibility Policy is available at Thai Garden Resort’s accessibility policy.

THAI GARDEN RESORT’S RIGHT TO MAKE CHANGES

Thai Garden Resort reserves the right to make changes, corrections, cancellations, and/or improvements to the Site and Content, as well as the products, services, and programs described therein, at any time without notice, including after the confirmation of a transaction.

INDEMNIFICATION AND RELEASE

You hereby indemnify, defend, and hold harmless Thai Garden Resort and the hotels we and our affiliates manage, along with each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, guests, residents, visitors, licensees, invitees, permitees, and employees (collectively, the “Indemnified Parties”), from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, expenses, judgments, orders, and liabilities or costs of any nature (including attorneys’ fees), including, but not limited to, claims for wrongful death, injury to any person, loss or damage to any property, infringement or violation of intellectual property or personal rights (including, without limitation, copyright, patent, trade secret, trademark, service mark, domain name, privacy, and/or publicity rights, or defamation), or violation of any other rights (collectively referred to as “Claims”) which arise out of, concern, pertain to, or relate in any way to:

(i) This Agreement (including without limitation, a breach by you of this Agreement);
(ii) Your use of or inability to use or access the Site or the Application or the functioning or non-functioning of the Site or Application;
(iii) The Content;
(iv) Third-Party Sites;
(v) The Communications;
(vi) The Passwords;
(vii) The Intellectual Property (IP);
(viii) Any act or omission by you, including without limitation, any transaction in which you engage on and/or in connection with the Site, the Application, and/or any Third-Party Sites;
(ix) The performance or failure to perform by the Indemnified Parties in connection with any transaction or activity on or relating to the Site, the Application, and/or any Third-Party Sites.

By using the Site, you, and if applicable, each of your respective officers, employees, directors, shareholders, parents, subsidiaries, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors, and assigns, hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by or contributed to by the negligence of any of the Indemnified Parties, and whether now known or suspected, which existed or may have existed, or which do exist or hereafter can, shall, or may exist, based on any facts, events, or omissions occurring before the effective date of this Agreement or any modifications thereof, arising out of, concerning, pertaining to, or relating in any manner to the items listed in the Claims list. You acknowledge being advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides:

“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.”

NOTWITHSTANDING SUCH PROVISION, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. In connection with this release and such waiver, you acknowledge that you may discover Claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Agreement, and with the advice of counsel, to fully and finally settle and release all such matters, and all Claims related thereto, which now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel regarding this release or, after having had the opportunity to consult with counsel but having elected not to do so, understand and acknowledge the significance and consequence of this release and the specific waiver of Section 1542 and similar laws.

DISCLAIMER AND LIMITATION OF LIABILITY AND WAIVER

Your use of the Site and the Application is at your own risk. The Site and the Application are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express, implied, or statutory. To the maximum extent permissible under applicable law, on behalf of the Indemnified Parties, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, or compatibility, or arising from course of dealing or course of performance. We expressly exclude, and you hereby waive any liability on the part of the Indemnified Parties for any special, indirect, direct, incidental, consequential, or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill, or cost of cover, or wasted management, business, personal, or office time, arising out of or relating to the Site, the Application, or the Content, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft, destruction, or any other reason.

In particular, and without limitation, we make no oral, written, or any other representations, warranties, or endorsements regarding the Application, the Content, or the Site (including but not limited to the use and/or operation of the Site), and disclaim any and all liability regarding the Application, the Content, and the Site (including but not limited to the use and/or operation of the Site).

If you are dissatisfied with the Site or any aspect thereof, or members or suppliers associated with it, your sole and exclusive remedy shall be to discontinue use of the Site.

OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE

Our liability for any products or services provided on or through the Site is strictly limited to damages arising from our gross negligence or willful misconduct. In such cases, your sole remedy is the replacement of the affected products or services. For products or services available on the Site for which we are not the actual provider, we disclaim any and all liability relating to those products or services. Should you encounter any issues with products or services provided by third parties, your exclusive recourse is with the merchant or service provider who offered the products or services, and not with us.

The exclusions and limitations of damages set forth in this section are fundamental elements of the basis of the bargain between us and you. Without these limitations, we would not be able to provide the Site and its services to you at the agreed-upon terms.

Please note that some jurisdictions do not allow the exclusion of implied warranties or other limitations of liability, so the above disclaimer may not apply to you in such jurisdictions to the extent that such laws apply.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)

We make no guarantee of confidentiality or privacy for any Communications or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of Communications or any other information, such as e-mail addresses, registration details, disk space, confidential or trade-secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. By using the Site, you acknowledge and agree that any communications made via the Site may not be private or confidential.

NO AGENCY

You and we are independent contractors, and nothing in this Agreement is intended to create, nor shall it be construed to create, any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between us and you.

DISPUTE RESOLUTION (No Jury Trial or Class Action, Arbitration, NY Court Actions)

1. No Jury Trial or Class Action

You acknowledge and agree that, by entering into this Agreement, both you and we are waiving any right to a trial by jury or to participate in any class action or representative proceeding regarding any “Disputes” (as defined below), including any “IP Protection Action” (as defined below) and any “Other Action” (as defined below).

2. Arbitration

General
You and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement, including its breach, termination, enforcement, interpretation, or validity, or the use of the Site or regarding communications, passwords, or claims (collectively, “Disputes”) will be settled through binding arbitration. However, both parties retain the right:

(i) To bring an individual action in small claims court, and
(ii) To seek injunctive or other equitable relief in the New York courts (as defined below) to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights such as copyrights, trademarks, trade secrets, patents, or other intellectual property (an “IP Protection Action”).

Arbitration will be conducted in accordance with the rules of a recognized alternative dispute resolution organization that you and we mutually agree upon. The arbitrator’s decision shall be binding, and judgment may be entered in any court having jurisdiction. Any arbitration hearing will take place in New York, New York, unless otherwise agreed upon by the parties.

Venue for Non-Arbitration Claims
In the event that a dispute is not subject to arbitration, or if an IP Protection Action is required, you agree that any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the state or federal courts located in New York, New York. You and we consent to the exclusive jurisdiction of such courts.

Arbitrator Restrictions

Unless both you and we agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class action, jury trial, or representative proceeding. If this “Arbitrator Restrictions” section is held unenforceable, then the entire “Arbitration” section will be deemed void, and the parties shall be bound by the surviving dispute resolution sections of this Agreement. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of this Agreement.

Arbitration Rules

The arbitration will be administered by a recognized alternative dispute resolution organization (such as the American Arbitration Association or an equivalent body) in accordance with their applicable Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as those rules are updated and in effect at the time of the arbitration (the “Arbitration Rules”). For example, if the American Arbitration Association (AAA) is used, the AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section, regardless of your location.

Arbitration Process

A party wishing to initiate arbitration must provide the other party with a written Demand for Arbitration, in accordance with the rules of the relevant arbitration organization. You may obtain a sample Demand for Arbitration form at AAA’s website (or a form for California residents at this link).

The arbitrator shall be a neutral third party, such as a retired judge or an attorney licensed to practice law, selected from the roster of arbitrators provided by the chosen arbitration organization. If the parties cannot agree on an arbitrator within seven (7) days of delivery of the Demand for Arbitration, the arbitration organization will appoint the arbitrator in accordance with the applicable rules.

Arbitration Location and Procedure

Unless both you and we agree otherwise, the arbitration will take place in the county where you reside. If your claim is for an amount not exceeding $10,000, the arbitration will be conducted based solely on the documents submitted by both parties, unless you request a hearing or the arbitrator determines that one is necessary. If your claim exceeds $10,000, the right to a hearing will be determined based on the Arbitration Rules.

Subject to the Arbitration Rules, the arbitrator has the discretion to order a reasonable exchange of information between the parties, consistent with the need to expedite the arbitration process.

Arbitrator’s Decision

The arbitrator will issue a decision within the timeframe set by the applicable arbitration rules. The arbitrator’s decision will include a brief statement of the essential findings and conclusions on which the decision is based. Judgment on the arbitration award may be entered in any court having jurisdiction over the matter.

The arbitrator’s award of damages will be subject to the limitations set forth in the “Disclaimer and Limitation of Liability and Waiver” section above, specifically regarding the types and amounts of damages for which we may be held liable. The arbitrator may grant declaratory or injunctive relief only in favor of the claimant, and only to the extent necessary to provide relief specific to the claimant’s individual claim.

If you prevail in the arbitration, you may be entitled to an award of attorneys’ fees and expenses, as provided by applicable law. However, we will not seek, and hereby waive our right to recover, attorneys’ fees and expenses if we prevail in the arbitration.

Fees

Your responsibility to pay any filing, administrative, or arbitrator fees will be as outlined in the applicable Arbitration Rules of the chosen arbitration organization. These fees are typically borne by the party initiating the arbitration unless otherwise directed by the arbitrator.

Changes

Notwithstanding the other terms of this Agreement permitting us to modify its provisions, if we change this “Dispute Resolution” section after the date you first accepted the terms of this Agreement (or after you accepted any subsequent changes), you have the right to reject any such change by sending us written notice to the address set forth below in the “Contact Information” section, within 30 days of the date such change becomes effective. If you reject any change, you will agree that any Dispute between us will be governed by the provisions of this “Dispute Resolution” section as it was in effect on the date you first accepted the terms of this Agreement (or as they were last updated when you accepted changes).

Time Limit

You agree that regardless of any statute or law to the contrary, any Disputes must be submitted for arbitration within one (1) year after the claim or cause of action arose. If you fail to do so, you will be forever barred from pursuing such claim.

NY Court Actions

In the event that an IP Protection Action (as defined above) or any Other Action (arising from the unenforceability of the “Arbitrator’s Restrictions” or the entire “Arbitration” section) becomes necessary, the exclusive jurisdiction and venue for such action shall be the United States District Court for the Southern District of New York, or if there is no federal jurisdiction, in the New York State courts, located in the borough of Manhattan, New York (hereinafter collectively, the “NY Courts”). You hereby consent to, and waive any defenses of lack of personal jurisdiction, improper venue, and forum non conveniens with respect to venue and jurisdiction in the NY Courts.

Additionally, you acknowledge and agree that any violation of our Intellectual Property (IP) rights or breach of this Agreement may result in irreparable harm or injury to us for which we do not have an adequate remedy at law. As such, in addition to other legal remedies and damages, we are entitled to immediate injunctive relief, including a permanent injunction, without the need to post a bond or other security. You agree not to contest our right to such relief.

If we prevail in an IP Protection Action or Other Action, we will be entitled to recover from you all reasonable attorneys’ fees, costs associated with the action, and any other relief, including but not limited to monetary damages. You also agree that we may charge your credit or debit card, or bill you for these amounts.

Furthermore, you agree that, regardless of any statute or law to the contrary, any IP Protection Action or Other Action must be filed within one (1) year after the claim or cause of action arose. Failure to do so will forever bar you from pursuing such an action.

General Provisions

This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, such provision will be severed from this Agreement, and the remaining provisions will continue in full force and effect.

Entire Agreement

This Agreement, together with the Privacy Policy and the End User License Agreement (EULA), constitutes the entire agreement between you and Thai Garden Resort with respect to the subject matter herein. It supersedes all prior agreements, discussions, or understandings related to the same subject matter, and may not be modified except as otherwise set forth in this Agreement. You may also be subject to additional terms and conditions when you purchase goods or services from third-party providers through our Site or services.

Waiver of Rights

No failure or delay by us in exercising any right or remedy under this Agreement, nor the enforcement of the terms and conditions hereof, shall be deemed a waiver of such right or remedy. Similarly, except as expressly stated herein, no waiver of any provision of this Agreement, whether through conduct or otherwise, in any one or more instances, shall be construed as a waiver of any other term, provision, or condition, whether similar or not. A waiver shall not be binding unless executed in writing by an authorized representative of the party granting the waiver.

The exercise of any remedy by either party under this Agreement will not prejudice any other remedies available to that party under this Agreement or by law.

Further Actions

You agree to execute and deliver to us, and take any additional action necessary or appropriate, to effectuate the purposes of this Agreement, including providing further documents, instruments, or agreements in recordable form, if required.

Notices

Any notices or other communications provided by us under this Agreement, including those regarding modifications, will be given:
(i) via email to the email address you have provided to us; or
(ii) by posting to the Thai Garden Resort website or mobile application.

For notices made by email, the date of receipt will be deemed the date the notice was transmitted.

연락처 정보

If you have any questions regarding this Agreement or the EULA, please contact us at:

Thai Garden Resort Legal Department
타이 가든 리조트
179/168 M5 North Pattaya Road, Naklua, Banglamung, Chonburi 20150, Thailand

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

Thai Garden Resort respects the intellectual property rights of others and has registered an agent with the United States Copyright Office as required by the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “Act”). We are entitled to remove any content posted by a visitor to the site (“User Content”) that allegedly infringes another person’s copyright in the United States. While we are not obligated to, and do not, monitor content posted on our site for potential infringements, we honor copyright laws and have a policy not to allow materials known by us to infringe another party’s copyright to remain on the site.

If you believe that any content on our site infringes your copyright, please send us a written notice with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work that you claim has been infringed, or, if multiple works are involved, a representative list of those works;
Identification of the material that you claim is infringing, and the URL or other information that allows us to locate it on the site;
Sufficient information to contact the complaining party, including an address, phone number, and email address (if available);
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 owner, its agent, or the law;
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 copyright owner whose exclusive right is allegedly infringed.

All DMCA notices should be sent to our designated agent at the following address:

타이 가든 리조트
타이 가든 리조트
179/168 M5 North Pattaya Road, Naklua, Banglamung, Chonburi 20150, Thailand
Attn: Legal Department
media@thaigarden.com

Counter-Notice

If your User Content has been removed or access to it has been disabled in response to a DMCA Notice, and you believe the removal was in error or due to a misidentification, you may submit a DMCA Counter-Notice. To do so, please send the following information to our designated agent at the address above:

Your physical or electronic signature;
Identification of the material that was removed or to which access was disabled, and the location where it appeared before it was removed or disabled;
A statement under penalty of perjury that you believe the material was removed or disabled as a result of a mistake or misidentification;
Your name, address, telephone number, and email address (if available);
A statement consenting to the jurisdiction of the federal district court for the district in which your address is located, or if you are outside of the United States, to any jurisdiction where Thai Garden Resort can be found, and your agreement to accept service of process from the person who submitted the DMCA notice or their agent.