IMAGE ONLINE, a Cayman Islands company (“we,” “us,” “our,” etc.) owns and operates the MyCruisePhotos.com web site (our "Site"), on which we provide a service (collectively with the Site, our "Service") that enables users (“you,” “your,” etc.) to participate in customizing the photographic component of your cruise experience both before you embark and after you return.
These Terms constitute a legally binding Agreement by and between you and us. By accessing or using the Service, you accept these Terms and agree to the provisions, terms, conditions, notices, and disclaimers contained or referenced herein whether or not you become a registered user. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
1. PROFESSIONAL ASSISTANCE; AUTHORITY
Some business transactions are complex and your participating in them can give rise to legal and financial obligations. Use of this Service is intended for those who are familiar with the legal and financial implications of entering into the transactions this Service enables. Any liabilities arising due to your failure to become fully informed about the risks of entering into such transactions are yours alone.
2. NO AGENCY
We are an informational service provider only. We are forming no agency or attorney-client relationship with you. Unless otherwise set forth herein or in any other document promulgated by us, we have no direct involvement in any transaction for the purchase or sale of any product or service using our Service. No brokerage, agency, or other fiduciary relationship is created between you (or any other party) and us, by virtue of your (or such party’s) use of the Service or any other service.
3. NO EDITORIAL CONTROL
To the fullest possible extent, we are a neutral, objective service provider of a platform upon which you and others can participate in the exchange of audiovisual information. We have no obligation to exercise any editorial control over any content posted on the Site. We do not endorse or ratify any statements made by any user of the Service. We may (but shall have no obligation to) remove any content posted on our Site at any time for any reason.
The Communications Decency Act, 47 U.S.C. § 230, provides that we, as the provider of the Service, shall not be treated as the publisher or speaker of any information provided by the users of our Site. You shall have no claim against us for the posts of other users.
4. YOUR IDENTITY
You may not create or use an account on the Service for anyone other than yourself or your immediate family. You may not let others outside your immediate family use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current.
If you elect to make payments on the Service using a credit card, you hereby authorize us and any of our processors to charge all amounts owed as a result of your use of the Service to the credit card you provide us. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal or chargeback. You represent and warrant that the credit card information supplied to us is true, correct, and complete, that payments made by you will be honored by your credit card company, and that you shall pay for all charges incurred through use of your login credential. You are solely responsible for payment of all sales and other taxes arising from your use of and access to the Service.
6. TERMS OF PURCHASE; REFUNDS & RETURNS
You are solely responsible for ensuring that no minors or other unauthorized persons (including without limitation family members or friends) access your credit cards or your account at any applicable payment site to ensure that no one purchases any products or services on our Site without your permission.
For refund information, please see our Refund Policy at [http://mycruisephotos.com/returns_policy].
By making a payment in connection with any purchase on the Site or purchasing any products, you acknowledge that you have read and agree to these Terms.
Pre-cruise purchase discount is not combinable with other offers, savings or promotions unless explicitly stated.
7. DISCLAIMER; RELEASE
ALL SALES ARE FINAL. ALL PRODUCTS AND SERVICES ON THE SITE ARE OFFERED FOR SALE “AS IS, WHERE IS, WITH ALL FAULTS” WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER, UNLESS REQUIRED BY LAW. Without limiting any other provision of these Terms, you acknowledge and agree that you are acquiring products and services in their present state and condition, with all defects, both patent and latent, and with all faults whether known or unknown, presently existing, or that may hereafter arise. You hereby acknowledge and agree that we have not made, do not make, and specifically negate and disclaim, any and all representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning, or with respect to the applicable products and services, including without limitation: (a) the value, nature, quality, or condition of any products or services; (b) the suitability of any product for any or all purposes; (c) the compliance of or by any third party with any laws, rules, or ordinances of any applicable governmental authority or body; and (d) the merchantability, marketability, profitability, or fitness for a particular purpose of any products. You and anyone claiming by, through, or under you, hereby fully and irrevocably releases us and our and our respective employees, officers, directors, representatives, attorneys, and agents from any and all claims that you may now have or hereafter acquire against the same for any cost, loss, liability, damage, expense, demand, action, or cause of action arising from or relating to any defects, efforts, acts, omissions, or other conditions affecting any products or services obtained through the Service. This release includes claims of which you may be presently unaware or which you may not presently suspect to exist and which, if known by you, would materially affect your willingness to provide the above release.
8. GENERAL USER CONDUCT
You are solely responsible for all content you upload to the Site, including without limitation ensuring the veracity of any statements contained therein and obtaining any required legal permission to so disclose such content. Your uploading of all such content must be in compliance with applicable laws and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of the Service.
We may refuse Service to you for any lawful reason or for no reason. You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet and business etiquette. For example and without limitation, while using the Service you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of us or any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service unlawfully to transmit, distribute, post, or submit any private information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email or advertisements; (g) stalk or harass any other user of our Service; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose, including without limitation as a service bureau or for any other purpose other than personal purposes; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; (m) collect or compile information from our Site using any manual or automated means; or (n) assist or facilitate any third party in doing any of the foregoing.
9. YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, PERSONS OR ENTITIES, YOU INTERACT WITH THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION US, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM OR US.
Our Service is intended for persons 18 years or older and we will not knowingly permit anyone under the age of 18 to use our Service. By using our Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.
12. REGISTRATION AND FEES
Fees are stated in U.S. dollars. Not all functions on the Service carry a fee. In order to access the full suite of features and services available on the Service, you may be required to become a registered or verified user of the Service and pay a fee. By providing your credit card or bank account information to us, you are giving us your express permission to debit your account from time to time in the amounts of the fees accrued by you in connection with your use of the Service and your engaging in actions on the Site that carry such fees pursuant to the fee schedule designated above. We may pass credit card and wire transfer service fees on to you if you elect to use such means for payment.
13. AUTHORITY TO BIND OTHERS
If you register for our Service as a business or entity, you represent and warrant that you have the authority to bind such entity and otherwise act on its behalf. If you lack such authority, you will be held personally liable for all transactions into which you enter on the Site on behalf of such entity.
14. USER CONTENT
By submitting any content to our Site, you represent and warrant to us that such content is true and correct in all respects, that you have the right to so submit such content, and that our use of your content as described on the Site will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby do and will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your content, in any media now known or not currently known, in any manner incident to our operation of the Service as it pertains to your content.
15. THIRD PARTY RELATIONSHIPS
Your correspondence or business dealings with, or participation in promotions or services of third party advertisers, sellers, or agents found on or through the Site, if any, including payment for and delivery of related goods, services, or property, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site, including without limitation the accuracy of their advertisements, the timeliness of their delivery, or any other aspect of their performance or nonperformance.
16. LINKS TO OTHER SITES
The Site may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
17. PROPRIETARY RIGHTS
You agree that all content and materials available on our Site are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for information in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, print out, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site, other than that owned by you. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service.
You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us through support.mycruisephotos.com. You may, however, establish ordinary links to the homepage and other major sections of our Site without our written permission.
18. USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We may employ various reasonable means to verify the identity of each user registering on the Site. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your username and password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.
You agree that we, in our sole discretion, may terminate your access to our Service for any lawful reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. To voluntarily terminate your access to the Service at any time via our Site, simply contact us through support.mycruisephotos.com. If for some reason you wish to terminate your account but you cannot access the Site to do so, you may terminate your account by sending us email notice of termination through support.mycruisephotos.com. Please allow 30 days for termination to take effect. Your account with us, and this Agreement, shall automatically renew on a periodic basis unless earlier terminated in accordance herewith.
20. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
21. MY CRUISE PHOTOS SUPPORT
We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
22. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site. If your IP address has been blocked and you wish to discuss the matter with us, kindly contact us through support.mycruisephotos.com.
23. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms; and (b) your use our Service will not violate any of these Terms.
24. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. WE MAKE NO WARRANTIES ABOUT ANY INFORMATION PROVIDED IN ANY ADVERTISEMENT OR ANY OTHER PORTION OF OUR SITE, NOR DO OUR AFFILIATES.
B. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
C. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
25. LIMITATATION OF LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY CONTENT OR INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE, THE SITE, OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE DOLLAR ($1.00).
D. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.
E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
26. INDEMNITY; RELEASE; WAIVER
You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost, and expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In the event of a dispute between you and any other user of the Site, you hereby release us and our affiliates (and us and their officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive any and all claims you may have against us, our clients, and our other customers of the Service in connection with our and their use of the Service not constituting a breach hereof.
27. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, send us your notice of infringement through support.mycruisephotos.com
28. USER DISPUTES
You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor interactions between you and other users.
29. DISPUTE RESOLUTION
All disputes between you and us arising out of or relating to these Terms or your use of our Service will be resolved, at our election, either: (i) by binding arbitration in the Cayman Islands in accordance with the provisions of the Arbitration Law (Revised) of the Cayman Islands; or (2) in an action brought in the Courts of the Cayman Islands, to the jurisdiction of which the parties hereby irrevocably submit. Each party hereby irrevocably submits to the personal jurisdiction of such venues. In any action to enforce this Agreement and/or recover damages pursuant hereto, we shall be entitled to recover from you our fees and costs incurred in connection therewith, including without limitation reasonable attorneys’ fees.
30. GENERAL PROVISIONS
These Terms shall in all respects be governed by, and construed in accordance with, the laws of the Cayman Islands. With respect to specific transactions between or among certain users, the laws of other jurisdictions may apply. These Terms contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. You and we are independent contractors only, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby. All fees are subject to Section 5 and 6 hereof.