The Carnival Web site (the "Site"), provided by Carnival Cruise Lines a division of Carnival Corporation (“Carnival," "we" or us). This Agreement contains the terms and conditions upon which you ("you" or "the user") may access and use the valuable information and services available through the Site. By using this Site you agree to these terms; if you do not agree you may not access or use the Site. We may modify this Agreement at any time, and such modification will be effective 30 days after either posting of the modified Agreement or notification to you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
THE CONTENTS OF THIS SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER MATERIAL, ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. The materials ("Materials") contained in the Site belong or are licensed to Carnival. We grant you a personal, non-exclusive, non-transferable license to view, access and use our web site and to use the information and services contained here subject to the terms and conditions of this Agreement. You may download and/or print a copy of the information provided in this Site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address indicated at the end of this Agreement. In any event, you agree not to modify, amend, reduce the size of or in any way obliterate any warnings, liability limitations, disclosures or notices (including any copyright or trademark notice) associated with the information.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
"Carnival" and the stylized Funnel logo are trademarks of Carnival, registered in the U.S. and other countries.
Other product or service names or logos referenced in the Site are either trademarks or registered trademarks of Carnival or are used with permission of the owner. The absence of a product or service name or logo from this list does not constitute a waiver of Carnival's trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Site may be trademarks of their respective owners.
4. International Use
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
5. Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
6. Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses.
The Site may be used only for lawful purposes by individuals using authorized services of Carnival. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Carnival specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or Carnival’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Carnival will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
7. Links from and to the Site
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Carnival in any way and Carnival is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Carnival’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Carnival be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Carnival reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
WE DO NOT AUTHORIZE OTHER WEB SITES TO LINK TO THIS SITE WITHOUT OUR PRIOR PERMISSION. To seek our permission, you may write to Carnival at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
8. Warranty Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." YOU EXPRESSLY ACKNOWLEDGE THAT YOUR ACCESS OR USE OF THE INFORMATION IS AT YOUR SOLE RISK. THE INFORMATION ON THIS SITE MAY BE COMPILED FROM VARIOUS THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"). CARNIVAL AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WE AND OUR PROVIDERS DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE ACCESS TO THE SITE. ALTHOUGH WE OR OUR PROVIDERS MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
9. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER CARNIVAL, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CARNIVAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CARNIVAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO USE OF THE SITE.
10. Survivability of Limitation of Liability
NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF CARNIVAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL CARNIVAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO USE OF THE SYSTEM ARE HEREBY EXCLUDED EVEN IF BBAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Disclaimer of Liability for Service Interruption
NEITHER CARNIVAL, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY PROVIDER OR THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SYSTEM, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SYSTEM OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SYSTEM OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CARNIVAL OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
12. Third Party Rights
The provisions of paragraphs 9, 10 and 11 apply for the benefit of Carnival and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Right To Terminate
Carnival shall have the right to terminate your ability to use or access the Site at any time without notice to you.
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between Carnival and you as a result of this Agreement or your use of the Site.
(b) Any cause of action or claim you may have with respect to Carnival must be commenced within one (1) year after the claim or cause of action arises.
(c) Carnival’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Carnival may assign its rights and duties under this Agreement to any party at any time without notice to you.
15. Governing Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between Carnival and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Miami, Florida, United States of America. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, Carnival will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you.
16. Entire Agreement
This Agreement comprises the full and final understanding between you and Carnival and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of Carnival, and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
18. Notice to You
Carnival may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with Carnival as part of your registration information.
19. Contacting Us
Effective Date: January 1, 2011
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